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- Genre: Masters Thesis
Description
In this discussion I will state fundamental principles of Kelsen's Legal Positivism in International Law and explain four problems with his theory. I will then propose two suggestions in the light of which Kelsen's theory is modified in this discussion and explain how these two suggestions address the four problems and help the theory account for regime change. Finally, I will address possible objections to the view advanced in this discussion.
ContributorsIoannidis, Christoforos (Author) / de Marneffe, Peter (Thesis advisor) / French, Peter (Committee member) / Fellmeth, Aaron (Committee member) / Arizona State University (Publisher)
Created2012
Description
On December 27, 2008, Israel began a military campaign codenamed Operation Cast Lead with an aerial bombardment of the Gaza Strip. On January 3, 2009, Israel expanded its aerial assault with a ground invasion. Military operations continued until January 18, 2009, when Israel implemented a unilateral cease fire and withdrew its forces. When the hostilities had ended, between 1,166 and 1,440 Palestinians had been killed as a result of Israeli attacks, two-thirds of whom are estimated to be civilians. Ensuing allegations of international human rights (IHR) and international humanitarian law (IHL) violations were widespread. Amidst these claims, the United Nations Human Rights Council (UNHRC) commissioned a fact-finding team, headed by South African jurist Richard Goldstone, to investigate whether the laws of war were infringed upon. Their findings, published in a document known colloquially as the Goldstone Report, allege a number of breaches of the laws of occupation, yet give a cursory treatment to the preliminary question of the applicability of this legal regime. This paper seeks to more comprehensively assess whether Gaza could be considered occupied territory for the purposes of international humanitarian law during Operation Cast Lead. In doing so, this paper focuses on exactly what triggers and terminates the laws of occupation`s application, rather than the rights and duties derived from the laws of occupation. This paper proceeds with a brief discussion of the history of the Gaza occupation, including Israel`s unilateral evacuation of ground troops and settlements from within Gaza in 2005, a historic event that sparked renewed debate over Israel`s status as an Occupying Power vis-à-vis Gaza. The following section traces the development of the laws of occupation in instruments of IHL. The next section considers the relevant international case law on occupation. The following section synthesizes the various criteria from the IHL treaty and case law for determining the existence of a situation of occupation, and considers their application to the Gaza Strip during Operation Cast Lead. The concluding section argues that Israel maintained the status of Occupying Power during Operation Cast Lead, and discusses the legal implications of such a determination.
ContributorsNaser, Sam (Author) / Simmons, William (Thesis advisor) / Sylvester, Douglas (Committee member) / Rothenberg, Daniel (Committee member) / Arizona State University (Publisher)
Created2011
Description
Immigrants, refugees, asylum seekers. Three words describing the same group of people. Individuals seeking a better, safer life.
Western media is focused right now, in 2016, on the humanitarian crisis from the Middle East to the European Union; just like two years ago it was centered on the huge numbers of unaccompanied minors immigrating into the United States from Central America. Media changes its focus but problems do not end with a change of headlines.
Unaccompanied minors are the most vulnerable population looking for asylum. This study looks at two different immigration flows of unaccompanied minors: one from the Middle East going to the European Union; and the other one from Central America to the United States.
This research finds similarities and differences between these two flows of migrant children related to the reasons why they leave their countries of origin, their experiences during the trip to the destination countries, the asylum process, the legal status of these children and how these minors are perceived by societies in the destination countries. Using a human rights law framework, this thesis will explore the continuum of violations of human rights that these children endure on their journey from their origin countries to their destination states.
Through interviews with former and current direct providers of unaccompanied minors seeking asylum, previous scholarly work, documentaries and news articles on the subject, it will make clear that these two flows of children fleeing to different destinations have much more in common than what may be initially perceived.
This emergent, exploratory and inductive qualitative research will bring light to asylum law and question why the social responsibility to protect children seems to skip the most vulnerable ones: unaccompanied minors seeking asylum.
Western media is focused right now, in 2016, on the humanitarian crisis from the Middle East to the European Union; just like two years ago it was centered on the huge numbers of unaccompanied minors immigrating into the United States from Central America. Media changes its focus but problems do not end with a change of headlines.
Unaccompanied minors are the most vulnerable population looking for asylum. This study looks at two different immigration flows of unaccompanied minors: one from the Middle East going to the European Union; and the other one from Central America to the United States.
This research finds similarities and differences between these two flows of migrant children related to the reasons why they leave their countries of origin, their experiences during the trip to the destination countries, the asylum process, the legal status of these children and how these minors are perceived by societies in the destination countries. Using a human rights law framework, this thesis will explore the continuum of violations of human rights that these children endure on their journey from their origin countries to their destination states.
Through interviews with former and current direct providers of unaccompanied minors seeking asylum, previous scholarly work, documentaries and news articles on the subject, it will make clear that these two flows of children fleeing to different destinations have much more in common than what may be initially perceived.
This emergent, exploratory and inductive qualitative research will bring light to asylum law and question why the social responsibility to protect children seems to skip the most vulnerable ones: unaccompanied minors seeking asylum.
ContributorsTomasini, Maria Lujan (Author) / Luna, Ilana (Thesis advisor) / Vargas, Carlos (Committee member) / Cuadraz, Gloria (Committee member) / Arizona State University (Publisher)
Created2016
Description
Protracted Refugee Situations (PRS) are of serious concern due to their adverse impacts on human rights and stability in host countries. This thesis profiles three, so-called, durable solutions for refugees: local integration, third country resettlement, and voluntary repatriation. However, refugees living in PRS are not given any durable solutions, and they remain confined to refugee camps while the conflicts that forced them from their homelands continue. Refugees usually find themselves in PRS as a result of the restrictive policies of the country in which they have sought refuge. These conditions not only deprive refugees of basic human rights, but act as catalysts for political violence, insurgency, and radicalization. This thesis examines, in detail, one such case: Nahr al-Bared, a Palestinian refugee camp in Lebanon where refugees have been living in PRS for decades due to stringent refugee policies that contributed to violent clashes that took place in May 2007. The denial of human rights for Palestinians in Lebanon has effectively marginalized already disempowered refugee populations, thereby increasing the likelihood of instability and radicalization. The denial of rights, a lack of opportunities, and confinement to the poor conditions of the refugee camp, are driving forces of political violence and militant rhetoric. This situation can endanger the refugee host country as well as the refugees, who are civilians in need of international protection. Therefore, there is a strong connection between the inclusion of rights for refugee populations in a host country, and peace and security. The case of Palestinians in Lebanon is examined as a microcosm of the notion that human rights and state security are interdependent. Recognition of this interdependence necessitates a paradigm shift in perspectives and policies of international refugee protection and state security, from regarding PRS as an indefinite state of emergency to be contained, to acknowledgment that the indefinite duty to protect refugees in protracted situations simultaneously serves the host country's security concerns.
ContributorsBeydoun, Rema-Therese (Author) / Klimek, Barbara (Thesis advisor) / Casper, Monica (Committee member) / Koptiuch, Kristin (Committee member) / Arizona State University (Publisher)
Created2010