Catalog: Digital Commons at Pace - New Repository Articles
This thesis explores the cooptation of authentic girl power by mainstream media designed to sell normative sexuality, consumption practices and a pseudo empowered self. It explores the sexualization of girls in the media and girls’ educational and community engagement with media in the context of empowerment. From an expansive feminist and girls’ studies foundation this project seeks to emphasize the importance of media literacy for girls and aims to address the gap in feminist scholarship on media literacy and educational programming for girls’ empowerment. The thesis examines and connects women’s studies literatures, Rosalind Gills’ Midriff Theory and Gigi Durham’s notion of the Lolita Effect, to ultimately contribute to the feminist legacy of blending theory with practice; the synthesized findings of this project offer a developed curriculum for girl-centered organizations on media literacy and empowerment.
An International SOS (Save Our Sharks): How the International Legal Framework Should Be Used to Save Our Sharks
The purpose of this Article is to shed light on the plight on sharks in international and domestic waters. An estimated 100 million sharks are killed every year. The cruel and wasteful practice of shark finning is responsible for a large portion of those killings. Shark fins are the most valuable part of the shark, because they are used as the key ingredient – and namesake – in an Asian delicacy known as “shark fin soup.” This Article opens with background information on the dire situation sharks are facing in our oceans, and how the depletion of these top predators from the oceans has a drastic effect on the delicate balance of the marine ecosystem. Next, the Article examines on approaches to curb shark finning taken by the United States, European Union, and China and Hong Kong. Then the Article moves to a focus on the international legal framework for protecting sharks, specifically focusing on the United Nations Convention on the Law of the Seas (UNCLOS) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This Article concludes with an analysis of how the current legal framework is insufficient to provide the necessary protection for sharks and examines what more can be done.
This Note examines the evolution of El Salvador’s existing penal code, specifically focusing on the abortion legislation. Further, it examines the significance of The Case of Beatriz and it suggests reform for El Salvador’s government to include exceptions in their penal code, similar to exceptions available in the United States, to provide women with access to safe abortions in extreme circumstances. Part II will illustrate the struggle that women face in El Salvador. Part III will briefly explore the historical background of the current Penal Code, exclusively the abortion ban. Part IV will also discuss women’s rights violated by the abortion ban, at both national and international levels. Part V will focus on The Case of Beatriz, the Inter-American Court of Human Rights resolution, and their particular significance in this controversy. Finally, Part VI will introduce a suggestive method of reform to the existing abortion ban in El Salvador by briefly delving into the United States’ idea of a justifiable abortion.
Fleeing Cuba: A Comparative Piece Focused on Toro and the Options Victims of Domestic Violence Have in Seeking Citizenship in the United States and Canada
The United States Court of Appeals for the Eleventh Circuit decided a case on February 4, 2013 that has undoubted international implications. Toro v. Sec’y dealt with the language of the Cuban Refugee Adjustment Act of 1966 (CAA) and the provisions of the Violence Against Women Act (VAWA).
This article focuses on how and why the court reached its decision. It analyzes the conflict between the “plain language” of the CAA and its statutory construction to rebut the court’s assertion that the VAWA self-petition was irrelevant in this case, and ultimately, offer an alternative analysis to this case.
This article also explores Canadian immigration law and demonstrates the difference in that nation’s law, as applied to domestic violence survivors, from Unites States immigration law. Finally, this article discusses how this precedent will affect the future of immigration law and its effect on natives of other countries.
In Section I of this note, I will lay out the several reasons why 18 U.S.C. § 1651 needs reform. I will provide background information on modern day piracy, including its economic impact, and will then break down varying definitions of piracy and their applications in recent cases. I will explore the split in U.S. case law caused by the application of the UNCLOS definition of piracy in Dire, and will identify the quandaries that result from the UNCLOS definition. In Section II, I will address two specific problems stemming from § 1651 that came to light as a result of Dire: first, the inherent vagueness of §1651, which led to the differing interpretations and thus to the split in U.S. case law; and second, the mandatory life sentence conveyed by § 1651. To address these problems, in Section III, I will briefly provide a description of two possible solutions: judicial intervention and legislative reform. In understanding the need to embrace customary international law, and to progressively expand the law beyond the reach of current international norms, I will conclude that while the Fourth Circuit was correct to use a dynamic interpretation when defining piracy in Dire, a legislative amendment to § 1651 is the best means of addressing the aforementioned concerns.
In the wake of the impasse between the World Trade Organization (WTO) and India regarding the ratification of the Protocol to the Trade Facilitation Agreement (TFA) that concluded during the Ninth WTO Ministerial Conference in Bali, Indonesia on December of 2013, WTO Director-General Roberto Azevedo admitted that while the WTO succeeds in resolving trade disputes and monitoring trade practices, it “has failed to deliver new multilateral results since its creation.” This systemic failure in the trade negotiations pillar of the WTO is evident to all of its 160 Members. It is evident from thirteen years of stalled negotiations under the Doha Round; the inability of the WTO to encourage agreements between developing and developed countries on the Doha Development Agenda; the contemporaneous proliferation of around 585 regional trade agreements (RTAs) which, at best, have not facilitated any apparent global agreement under the Doha Round; and (more recently) India’s demand for permanent changes to WTO rules to avoid sanctioning developing countries’ food security policies. While many WTO Members have publicly criticized India for unfairly holding the TFA hostage, other powerful Green Room members at the WTO have maintained silence over India’s concerns on food security other than to affirm the devastating consequences of failing to ratify the TFA. These members maintain this silence even in light of economic and policy grounds that may well publicly demonstrate the critical importance to India that its continued participation in global trade under multilateral trading rules would have in ensuring cheaper access to food for India’s population and, ultimately, higher wages for India’s poorest.
The Investigation Procedures of the United Nations Office of Internal Oversight Services and the Rights of the United Nations Staff Member: An Analysis of the United Nations Judicial Tribunals’ Judgments on Disciplinary Cases in the United Nations
An employee of an international organization misappropriates over one million dollars from a United Nations Peace-Keeping Mission’s designated for procurement of supplies. As a staff member of an international organization, he or she has functional immunity and cannot be investigated by the local jurisdiction or by authorities in his home country. Is this the “perfect crime”? Taking into consideration that these misappropriated funds are contributions from Member States of the United Nations, is there any recourse to investigate the facts of the incident to determine culpability?
International organizations have a legal obligation to ensure compliance with internal regulations, rules and policies. This includes the breach of employment obligations in the UN. Investigations internal to the United Nations are unique. The United Nations has partners in all parts of the globe: the investigators may be located in New York, the incident may have occurred in Africa, and the witnesses may be on a new assignment in Asia. In addition to geographic separation, United Nations’ investigations may have to contend with a range of different languages, dialects, cultures, customs and ethnic issues. These are all factors that affect an investigator’s capability to investigate allegations of staff misconduct or irregular procurement procedures in the United Nations.
The United Nations has become aware that internal investigations must be conducted carefully taking into consideration the staff member’s due process rights. If an investigation does not observe the standards of good investigative practices in the investigation process, the Organization may be held financially liable through the newly established U.N. internal administration of justice. As a result, the United Nations has recognized the need to develop a properly planned and carefully conducted internal investigation.
A Theorization on Equity: Tracing Causal Responsibility for Missing Iraqi Antiquities and Piercing Official Immunity
Three weeks after the U.S.-led attack on Iraq, looters descended on the artifacts in the Iraq National Museum. Over ten thousand pieces were assumed destroyed or stolen, and the Coalition Provisional Authority estimated the losses at $12 billion. The gravity of the privation led the Security Council to include language in Resolution 1483 to restrict countries from trading in Iraq’s pillaged antiquities, and the U.S. Congress passed the Emergency Protection of Iraqi Cultural Antiquities Act of 2004 to enforce the measures. Several thousand pieces were recovered, but thousands remain missing. In March 2013, Hussein ash-Shamri, the head of the Iraqi Interior Ministry’s Economic Crimes Department, announced that Iraq opened 39 cases against countries to investigate circumstances surrounding the missing archaeological treasures to procure their return.
This article tenders a suppositional analysis of culpability for the pilferage of the artifacts. Culpability standards are first assessed by using Part II’s précis of the substantive international law that safeguards antiquities. Part III provides a factual chronology of the looting to address the responsibility of Iraqis who engaged in looting after law and order collapsed and the obligations of invading/occupying military forces during the stages of jus ad bellum and jus post bellum. The Iraqi government presumably would prefer an equitable remedy that facilitates the return of missing artifacts if the items are located and identified; this would implicate any state that failed to halt black market trades. However, if items are certified as missing and cannot be located within a reasonable period of time or were destroyed during the looting, should there be a right to recover damages against actors who transgressed substantive law and impelled the sequence of events into motion that led to losses? Considering this prospect, Part IV offers a conjectural analysis of liability. It is hypothetical because the Iraqi government may have divided political will (which might necessitate a qui tam-like public interest action), it is novel to pierce the veil of official immunity in the context posed, the analysis extrapolates offenses that have previously eliminated official immunity for war crimes and crimes against humanity in a tort-like derivative civil action, and the inquiry entails pitting factual analyses against heuristics and the presumption that collateral losses can be absolved if ends justifies the means.