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- Creators: Hindemith, Paul, 1895-1963
Description
Since 9/11 a wide range of violent practices including indefinite detention, torture, and targeted killing have been employed by the United States and the "international community" against "international terrorism." Modern laws of war are portrayed as the bright line that distinguishes the "international community" from "unlawful combatants." The threat posed by unlawful combatants has been portrayed as so exceptionally grave that the international community is justified in the transgression of those very laws of war that constitute the distinction between "us" and "them." In consequence the efficacy of modern laws of war to provide humanitarian protections has been cast into doubt and many characterize humanitarian laws of war as obsolete. Existing work on the politics of exception and the exclusion of Guantánamo Bay detainees from US federal law does not frame the problem of the exception in terms of international law. Though many consider the prerequisites for politics of exception absent in the international system, I argue that a dispersed notion of sovereignty and constructivist approaches to law resolve obstacles to considering the exception at the level of the state system. I explore system level exceptional politics through a critical reading of modern laws of war. Rejecting essentialist historical narratives, I first conduct a genealogical study of laws of war from ancient Greece through the Middle Ages. I then conduct a critical reading of three texts from the War on Terrorism; Barack Obama's 2009 Nobel Peace Prize acceptance speech, John Brennan's "The Ethics and Efficacy of the President's Counterterrorism Strategy," and Medea Benjamin's interruption of John Brennan. I argue that modern narratives of war law venerate codification and textually privilege a "mystical" figure of modern law. This figure empowers a universalized "international community" as law's privileged agent. Violence employed by this archetypal community, even when outside the law, is rendered ethically pure and historically necessary. In consequence modern humanitarian law as a bright line always permits excluded archetypal identities and vast powers of violence are mobilized by the "international community" against discrete individual human bodies who are identified with this excluded archetype, or who simply find themselves in the way.
ContributorsHickman, Peter L (Author) / Doty, Roxanne (Thesis advisor) / Ashley, Richard (Committee member) / Thomas, George (Committee member) / Arizona State University (Publisher)
Created2014
ContributorsHindemith, Paul, 1895-1963 (Composer)
Description
The creation of a wide array of international institutions has resulted in a diverse set of theories dedicated to explaining their development. Two theories in particular —neoliberal institutionalism and world culture theory — provide contrasting explanations for the emergence of these institutions. Neoliberal institutionalism is actor-centered, stressing the need for coordination and control to achieve a material interest-based social optimum. World culture theory takes into account a larger world culture that assigns agency to a wider variety of actors and a norm of institutional creation. This essay seeks to navigate the applicability of these two theories by examining the institutional category of international courts. The purpose of this essay is not to prove one theory’s applicability over the other, but rather to argue for the need for inclusion of a culture-centered approach in the analysis of newer and future international courts.
To illustrate this point, this essay identifies two distinct trends in the creation of international courts: trends in functionality and jurisdiction. The original function of courts has changed from strictly resolving disputes between states to include the enforcement of different types of international law. The jurisdiction of international courts has shifted in three areas: personal, subject matter, and membership jurisdiction. International courts now issue binding judgments that apply to actors other than states, interpret a more expansive selection of international law treaties and custom, and include more compulsory aspects for state membership in their founding documents. These trends are then used as a platform for application and analysis of both neoliberal institutionalism and world culture theory. The establishment of the International Criminal Court (ICC) in 2002 represents the latest forms of expanded functions and jurisdiction and is used as an in-depth case study. Specific aspects of the ICC’s negotiation process, such as the prominent use of moral discourse on the part of all actors and the significant and effective role played by non-state actors, holds unique implications for theoretical analysis. These two factors, in particular, illustrate a need to consider culture-based explanations for the ICC’s establishment in addition to traditional actor-centered theories.
To illustrate this point, this essay identifies two distinct trends in the creation of international courts: trends in functionality and jurisdiction. The original function of courts has changed from strictly resolving disputes between states to include the enforcement of different types of international law. The jurisdiction of international courts has shifted in three areas: personal, subject matter, and membership jurisdiction. International courts now issue binding judgments that apply to actors other than states, interpret a more expansive selection of international law treaties and custom, and include more compulsory aspects for state membership in their founding documents. These trends are then used as a platform for application and analysis of both neoliberal institutionalism and world culture theory. The establishment of the International Criminal Court (ICC) in 2002 represents the latest forms of expanded functions and jurisdiction and is used as an in-depth case study. Specific aspects of the ICC’s negotiation process, such as the prominent use of moral discourse on the part of all actors and the significant and effective role played by non-state actors, holds unique implications for theoretical analysis. These two factors, in particular, illustrate a need to consider culture-based explanations for the ICC’s establishment in addition to traditional actor-centered theories.
ContributorsMagee, Alexa Erin (Author) / Thomas, George (Thesis director) / Peskin, Victor (Committee member) / School of Politics and Global Studies (Contributor) / School of Social Transformation (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
Description
In the United States, the past thirty years have brought with them a substantial rise in income and wealth inequality rates. Inequality in the U.S. has risen to levels not seen for nearly a century and shows no signs of decreasing in the near future. Conversely, Canada has experienced lower levels of inequality during this same period despite many similarities and ties to the U.S. Therefore, the purpose of this paper will be to examine the extent to which these two countries differ in this area and identify some of the more salient factors that have contributed to this divergence, including tax policies, unionization rates, and financial industry regulation, as well as the deeper, more fundamental elements of each nation's identity.
ContributorsPetrusek, Nicholas Anthony (Author) / Puleo, Thomas (Thesis director) / Sivak, Henry (Committee member) / Thomas, George (Committee member) / Barrett, The Honors College (Contributor) / School of Politics and Global Studies (Contributor) / Department of English (Contributor)
Created2015-05
Description
This thesis studies the world governing body of soccer, the Fédération Internationale de Football Association (FIFA), by investigating its recent controversial past as a world-leading international non-profit organization. Through examining the organization's beginnings as well as its growth into a nonprofit goliath, this thesis assesses FIFA's actions compared to both the relatively relaxed legal standards in its home country of Switzerland as well as an established set of moral guidelines to analyze the organization's validity in today's complicated global environment. Topics include concerns surrounding FIFA's vast financial reserves, the organization's development programs, its treatment of minorities, and its efforts to prevent organizational transparency that may lead to legitimacy questions in the near future. In the end, assessments of FIFA's validity conclude that the organization falls somewhere between being completely credible and definitively fraudulent, as its actions seemingly are satisfactory legally according to Swiss laws and regulations on paper but questionable morally.
ContributorsJacobe, Joseph John (Author) / Thomas, George (Thesis director) / Kittilson, Miki (Committee member) / Barrett, The Honors College (Contributor) / Economics Program in CLAS (Contributor) / School of Politics and Global Studies (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2015-05
Description
The difficulty of measuring complex goals within nongovernmental organizations is well detailed in nonprofit management literature. For many years, NGOs have faced obstacles ranging from the technical difficulties of measuring intangible missions to ambiguous or unreliable performance criteria to political issues in the design of measurement systems that cater to diverse stakeholders. But despite the challenges, many nongovernmental organizations and researchers are rising to the challenge to design and implement effective systems of measurement. This thesis outlines the lessons learned from a study of the history and development of performance measurement, existing measurement systems and their implementation, as well as various insights gained from interviews conducted in Spring 2013 with leaders of nonprofit and nongovernmental organizations that are facing or that have faced these and many more obstacles in performance management. With these goals, this paper will strive to answer two main questions. What are performance measures and how do they differ by sector? What are performance measurement systems and why are they important?
ContributorsFernandez, Emily Elizabeth (Author) / Thomas, George (Thesis director) / Barsam, Ara (Committee member) / Ripley, Charles (Committee member) / Barrett, The Honors College (Contributor) / School of Humanities, Arts, and Cultural Studies (Contributor) / School of Politics and Global Studies (Contributor)
Created2013-05
Description
International intellectual property law has become an important factor in international trade as the world economy has become increasing interconnected. The foundational international intellectual property agreement is the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement, negotiated in 1994 and required by the World Trade Organization of all its member states. The TRIPS regime establishes minimum standards of protection, but developed states, especially the United States, continually push other countries to enact more stringent laws. This paper explains the power dynamic underlying this international legal order, and furthermore answers how developing states respond. By drawing on Immanuel Wallerstein’s world systems theory, Alisha Holland’s forbearance – the practice of states with the capacity to enforce laws choosing no to do so – and existing empirical studies of seven East and Southeast Asian states’ actions in the realm of intellectual property law in recent years, I argue that the intellectual property agreements under scrutiny are created and pushed by developed American and Western European states to serve their own economic interests. This is supported by a pattern of hegemonic meddling and threats, often by the United States, seeking to influence the domestic laws of developing states, and as a result prompts those states to pursue policies of deliberately partial enforcement – a prime example of forbearance – in an attempt to retain legal legitimacy under international agreements and drive their own economic development. This stands as a refutation of the naïve understanding that developed states have weak intellectual property protections due to apathy, ignorance, ineptitude, or other such moral failings (as developed states such as the United States have claimed). Instead, developing states are pursuing rational and deliberate legal strategies of partial enforcement.
ContributorsDendy, Christopher (Author) / Sivak, Henry (Thesis director) / Thomas, George (Committee member) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2017-05
Description
Bioprospecting is the exploration of biodiversity in search of new resources with potential economic value. Since the colonial era, bioprospecting has led to the innovation of many valuable medical and commercial products. However, the extraction of these natural resources has historically been linked to the exploitation of indigenous populations, known as biopiracy. This review of the Maya ICBG Biopiracy Controversy provides an in-depth exploration into the delineation between bioprospecting and biopiracy to reveal that the unfounded claims of biopiracy halted a potentially successful bioprospecting project.
ContributorsOney, David Alexander (Author) / Chew, Matthew (Thesis director) / Thomas, George (Committee member) / Nilsen, Don (Committee member) / Barrett, The Honors College (Contributor) / Department of Chemistry and Biochemistry (Contributor)
Created2013-05
ContributorsHindemith, Paul, 1895-1963 (Composer)
ContributorsHindemith, Paul, 1895-1963 (Composer)