Matching Items (4)
Filtering by

Clear all filters

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
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
131365-Thumbnail Image.png
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
132676-Thumbnail Image.png
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