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Journal of International Service | Archive - Fall 2011

Archive - Fall 2011

Click here to download the Fall 2011 Journal of International Service.

Papers

  • "The Responsibility to Protect: Kenya's Post-Electoral Crisis", Johannes Langer (Abstract, PDF)
  • "The Relevance of Nonviolent Struggle to Domestic Change in Iran", Andrew Clark (Abstract, PDF)
  • "The Right to Secede Under International Law: The Case of Somaliland", Peter Roethke (Abstract, PDF)
  • "Justice over Peace? Transitional Justice in Northern Uganda", Luciana Storelli-Castro (Abstract, PDF)
  • "Clarifying Material Support to Terrorists: The Humanitarian Project Litigation and the U.S. Tamil Diaspora", Holly Chapin ( Abstract, PDF)
  • "Hizballah's Media Strategy: Creating a "Theater of Terror"", Yelena Osipova (Abstract, PDF)
  • "The Impact of Historical Legacies, Transnational Networks, and Local Power Dynamics on Dominican Identity", Mark Hamilton ( Abstract, PDF)
  • "The Benefits of Econometric Firm Valuation in International Financial Disputes", Rachel Burton (Abstract, PDF)

 

 

JIS Fall 2011 Abstracts

Johannes Langer
Post-election rioting in Kenya in December 2007 led to bloodshed and displacement on a massive scale. Beyond despair over poverty, anger about corruption, and the desperation for political change in the face of a fraudulent election, this violence also revealed underlying tensions between ethnic groups that had been fuelled by the presidential campaign. The international community invoked the concept of the Responsibility to Protect (R2P) in the Kenyan post-election crisis and an African Union-led mediation effort successfully settled the violence. Particularly important is the fact that no military intervention was necessary; instead, diplomatic endeavors settled the violence. Interestingly, the crisis in Kenya was the first time that the emerging doctrine of R2P was invoked by the international community; in fact it remains the only case since the adoption of R2P at the 2005 World Summit. This paper will explore the strengths and weaknesses of invoking the R2P principle after the 2007 post-election ethnic clashes in Kenya.

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Andrew Clark
This paper explores the Iranian Green Movement’s practices used in attempting to bring about social and political equity in Iran. This paper will first discuss some of the common characteristics of nonviolent struggle, as presented by Gene Sharp in his book titled Waging Nonviolent Struggle: 20th Century Practice and 21st Century Potential. More specifically, the 2009 Iranian presidential election and its volatile, albeit nonviolent, aftermath will be analyzed within this theoretical context. Because of the quantity of literature and scholarly works focusing on the topic, the subsequent analysis will focus on Sharp’s work and incorporate small selections from other authoritative authors’ pieces within the field of nonviolent conflict resolution. Through this investigation, the nonviolent movement’s capacity to cultivate a new culture of peace becomes evident and serves as a model for others seeking to end disputes.

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Peter Roethke
Two decades ago, a militant group called the Somali National Movement (SNM) declared the independence of the northwestern region of Somalia comprising the territory of a former British protectorate. The SNM styled the new state “Somaliland.” This paper examines whether the de facto secession of Somaliland from the state of Somalia accords with international law. In particular, it analyzes whether the act of secession realized a positive right of external self-determination under international law. I argue that it does. International law may legitimize the secession of Somaliland in the context of decolonization if the union of the British and Italian colonies were invalid. International law may also legitimize the secession as an accurate instance of “remedial secession” given the inability of the people of Somaliland to exercise their rights to self-determination within the Somali state. Should Somaliland enjoy no substantive right to secede, I argue that its de facto secession accords with the procedural requirements of international law for the creation of new states.

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Luciana Storelli-Castro
The protracted conflict in northern Uganda is at the eye of the storm in the field of transitional justice where an ideological friction underlying relativism and universalism is played out between advocates for International Criminal Court (ICC) adjudication and those who side with the use of local dispute and reconciliation mechanisms. The ICC is emblematic of universalism, setting minimum international standards in responding to a legacy of mass human rights violations. Meanwhile, local judicial customs give credence to the relativist notion that addressing systematic violence needs to take into account cultural constructions of justice and reconciliation. This paper advances that, while diametrically opposed, universal and relativist-laden transitional justice mechanisms are nevertheless complementary and should both be employed to cover the gaps left by the other.

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Holly Chapin
The United States has a history of responding to major terrorist attacks by amplifying and expanding its laws to fight terrorism more broadly. One terrorism law, 18 U.S.C. § 2339B, was rarely used before September 11, 2001, but is now the most frequently prosecuted terrorism law. This has had specific and harmful effects on the Tamil Diaspora’s efforts to aid Tamil civilians living in Sri Lanka. A recent Supreme Court case, Holder v. Humanitarian Law Project, analyzes Tamil plaintiffs constitutional challenges to § 2339B in their efforts to aid Sri Lankan Tamils. The Supreme Court held that many humanitarian efforts, including providing legal services, are illegal under § 2339B. Today, fear of prosecution under this statute chills aid to Tamils in need around the world.

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Yelena Osipova
Since its early days of establishment, Hizballah has been capturing news headlines all around the world. Listed as a “Foreign Terrorist Organization” by the U.S. State Department, the group has been labeled the “A-Team of Terrorists” by former U.S. Deputy Secretary of State Richard Armitage. Although it was initially established as an anti-establishment and anti-Israeli/Western militant movement, over time Hizballah transformed, not only to provide social welfare and support to the predominantly Shi’a-populated areas in Southern Lebanon and Southern Beirut, but more recently, it also took up a political role, joining the Lebanese parliament, and became a coalition partner in the government itself. Nonetheless, according to various sources and as demonstrated by the 2006 war with Israel, Hizballah still retains its military aspirations, constantly rearming and acquiring increasingly more sophisticated weapons and means to wage its asymmetric warfare. Within this context, the media activities are one of the most notable components in Hizballah’s strategy, in the attempt to capture hearts and minds at home and abroad, retain the existing support base, recruit new fighters and members, and carry out psychological warfare against enemies. This paper will look closely at Hizballah’s history, provide an overview of its media strategy, and contextualize it within the literature on terrorists’ use of mass media.

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Rachel Burton
A working judicial system is critical to a modern developed economy. As globalization takes hold and more and more investors look beyond the borders of their home countries for the best return on capital, a working international system for investment disputes is paramount. Indeed, a judicial system is considered by most economists to be a “public good” – a good which the private sector will not provide for society, but which government must provide in order to regulate and expedite the functioning of a civilization. For a world economy to work in a way that is efficient and prosperous, both international investors and countries receiving foreign investment must be able to have confidence that such clashes will be adjudicated fairly, rationally, and as quickly as possible by international arbitrators. However, from an economic perspective, the contemporary methods which are specific to the law profession of determining the projected value of a company are potentially lacking in complexity and accuracy. If valuation is “in essence, a projection as to the future,” there is much that the law profession can potentially gain from the econometric and forecasting methodologies that are the empirical workhorses of economics – and one proposal to put these techniques to work in a firm valuation capacity is proposed herewith.

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Mark Hamilton
This article introduces an original analytic framework to unpack the networked mosaic of Dominican identity, exploring how historical contingencies, multisite networks and contested power relations help to define contemporary “Dominican-ness”.  Sections I and II analyze key institutional legacies and cross border people flows that condition contemporary identity discourses.  Section III highlights unique transnational dynamics of the Dominican case, exploring how legacies of dependency and antipathy cultivated in relation to the United States and Haiti correspond to pervasive discourses of race and nationalism in the Dominican Republic today.  Section IV then establishes a conceptual model that traces the myriad ways that Dominican identity is configured and contested in local power struggles and transnationally networked relationships.  According to the model, being “Dominican” can mean different things to different actors, and distinct conceptions are likely to arise in New York City, Santo Domingo, or along the Dominican-Haitian border.  Finally, Section V explores the relevance of model and case analysis for other global contexts and national communities.  As actors across sites articulate national identity, they are not reading from a uniform script, but rather reframing pervasive narratives to address perceived threats in their local communities and salient networks.

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