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Working paper
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law violations of IHL, however also give rise to civil liability Despite the advances with respect to rape made in the international criminal law context, non-criminal adjudication of claims for rape has been rare. Recently the Ethiopia-Eritrea Claims Commission completed eight years of work, making numerous damage awards for civil claims based on violations of IlIL that occurred during the war between those two states. Among the claims that it heard were several claims for rape, brought by both parties Thus, the completed work of the Ethiopia-Eritrea Claims Commission represents an important opportunity to examine civil adjudication of claims for rape under IHL. This Article asks whether the work of the Commission has helped to extend the protections afforded by IHL, and whether its treatment of the claims for rape is in line with the progress made within IHL regarding the conceptualization of rape. It locates and analyzes the work of the Commission within the broader changes that have occurred within IHL with respect to rape, outlines the work of the Commission, and analyzes its substantive and procedural decisions. This Article argues that, while the Commission contributed certain substantive and procedural advances to IHL, it may have simultaneously created certain gaps in the IHL regime and hindered the conceptualization of rape within IHL.
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Currently, no capability exists to cost-effectively simulate and measure a Joint Task Force-Port Opening (JTF-PO) operation to predict cargo throughput based on the availability of resources. The purpose of this research is to create a decision model using Arena® simulation software to provide United States Transportation Command (USTRANSCOM) decision makers the ability to predict cargo throughput in a Humanitarian Assistance/Disaster Response (HA/DR) scenario. The data used in this simulation were taken from the JTF-PO involvement in Operation UNIFIED RESPONSE, Port-au-Prince, Haiti 2010. The research uses a design of experiments approach to statistically plan and measure the throughput of cargo based on the adjustment of working and distribution maximum on ground (MOG) resources. The resulting simulation model provides decision makers the ability to allocate multiple JTF-PO resource quantities to determine potential bottlenecks in cargo throughput.
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In: Tulane Journal of International & Comparative Law, Volume 20, p. 385
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This article suggests that programs designed to strengthen the rule of law in general are unlikely to be effective against the widespread problem of sexual violence in the Democratic Republic of the Congo. I argue that while weak rule of law perpetuates sexual violence, only rule of law programs designed specifically with respect to the needs, risks, and cultural norms pertaining to Congolese women can help curb this problem. The article begins with a brief history of conflict in the Great Lakes region of Africa to provide context for a discussion of the scope of sexual violence in the eastern provinces of the DR Congo. It then introduces the notion of "rule of law" before evaluating the ways in which weak rule of law in the eastern DR Congo contributes to the problem of sexual violence. Finally, the article makes four arguments to support the central claim that strengthening the rule of law will be effective against sexual violence only if specifically tailored in the ways noted above.
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In: Berkeley Journal Gender, Law & Justice, Vol. 26, p. 139, 2011
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In: The journal of economic history, Volume 64, Issue 2
ISSN: 1471-6372
Within the latter half of the 20th century, contemporary academics have noted a significant reorientation of criminal justice policy and practice. Explanations for this reorientation have been explained by: the emergence of a postmodern penality (Feeley and Simon, 1992); the limits of the sovereign state and the culture of high crime societies (Garland, 1996, 2000); and the imposition of 'New Right' politics (O'Malley, 1999). This thesis specifically examines Feeley and Simon's proposition that a postmodern penality has emerged. It is argued that rather than a replacement of the old penology with a new penology paradigm, contemporary practices are more characteristic of a hybridization of discourse, objectives, and practices. Utilizing Global Positioning Satellite (GPS) electronic monitoring as a referent, the tenets of the old and new penology are examined. Results indicate that GPS electronic monitoring operations represent an amalgamation of both old and new penology attributes. It is suggested that while there may be an attempt to implement a new penology at macro level practice, micro level public politics may exert sufficient political pressure to coerce an amalgamation of both old and new penology ideals.Dept. of Sociology and Anthropology. Paper copy at Leddy Library: Theses & Major Papers - Basement, West Bldg. / Call Number: Thesis2004 .C68. Source: Masters Abstracts International, Volume: 43-05, page: 1625. Adviser: Willem deLint. Thesis (M.A.)--University of Windsor (Canada), 2004.
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How do elections influence foreign aid spending? This is the primary question I seek to answer in this dissertation. There is considerable concern about the perverse effects of aid; however there are few tests of how electoral incentives influence these outcomes. Also, despite the fact that most aid recipient countries now hold elections for high office, we lack basic theory or evidence to explain how these elections influence aid spending. This dissertation fills these gaps. I argue that re-election pressures and information asymmetries between donors and recipients incentivize governments to manipulate aid spending in favor of key voters and patronage networks. These re-election pressures also compel donors to underinvest in the prevention of political capture. This manipulation and underinvestment undermines electoral competition and aid effectiveness, and helps to explain a number of puzzling effects of aid on democratization, political survival and corruption. This dissertation is divided into three stand-alone chapters. In Chapter One, I model the dilemma that donors face in trying to influence economic development and policy in developing democracies. To evaluate this model, I propose an original identification strategy that uses regional aid shocks to instrument for aid disbursements. The results confirm that aid has a positive effect on the probability that an incumbent is re-elected, particularly in cases where donors have strong policy interests. In Chapter Two I evaluate whether governments successfully influence the distribution of foreign aid in favor of strategically important voters. I create a subnational dataset containing the location of multilateral aid projects in Kenya from 1992-2011. I use these data to establish that incumbents have consistently manipulated aid spending in favor of co-partisans and co-ethnics. In Chapter Three, I discuss the implications of these distributional incentives for aid effectiveness. I argue that when aid projects are located within a government's core areas of support, governments have incentives to allow aid funds to be diverted for private gain rather than public good. Using donor evaluations of success and corruption, I confirm that aid projects distributed in co- ethnic and co-partisan areas are less effective and more corrupt
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In: Cambridge critical guides
"Either/Or is Kierkegaard's first major work and arguably his most virtuosic. This critical guide strikes new ground in our understanding of both the work and Kierkegaard's authorship as a whole, with substantial discussions of issues in aesthetics, epistemology, ethics, metaphysics, phenomenology, and philosophy of religion"--
In: Cambridge critical guides
Either/Or is Kierkegaard's first major work and arguably his most virtuosic. It introduces many of the most important philosophical themes that define the rest of his authorship and showcases - through its several pseudonyms and genres - Kierkegaard's prodigious literary scope. In this Critical Guide, a diverse group of scholars strike new ground in our understanding of both this work, and Kierkegaard's authorship as a whole. Their essays highlight the text's philosophical range, with substantial discussions of issues in aesthetics, epistemology, ethics, metaphysics, phenomenology, and philosophy of religion. The volume will be essential reading for any person seeking to deepen their understanding of Either/Or and Kierkegaard's work more generally.
In: Routledge studies in nineteenth-century philosophy
In: Forthcoming, American Political Science Review
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