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EXAMINING THE LEGALITY OF THE GUANT�NAMO BAY DETENTION CENTER ACCORDING TO INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW
Title
EXAMINING THE LEGALITY OF THE GUANT�NAMO BAY DETENTION CENTER ACCORDING TO INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW.
Creator
Winchester, Sydney T, Bledsoe, Robert, University of Central Florida
Abstract / Description
The purpose of this research paper is to examine how international humanitarian law (IHL) and international human rights law (IHRL) are applied to the Guanta?namo Bay detention center. This paper was completed through the research of international treaties, court cases, and secondary sources that thoroughly discussed issues pertaining to Guanta?namo and international law. This paper first examines the differences between the two laws by looking at the particular roles each is meant to play in...
Show moreThe purpose of this research paper is to examine how international humanitarian law (IHL) and international human rights law (IHRL) are applied to the Guanta?namo Bay detention center. This paper was completed through the research of international treaties, court cases, and secondary sources that thoroughly discussed issues pertaining to Guanta?namo and international law. This paper first examines the differences between the two laws by looking at the particular roles each is meant to play in the subject of international law, as well as how the two have been applied thus far to the situation at Guanta?namo. Second, the paper discusses the topic of whether or not IHL and IHRL should be mutually exclusive, or can be interpreted alongside each other. In addition, a discussion of the opposing viewpoints on this topic will be presented including the United States argument of lex specialis, and the opposing arguments of the international community. Chapter three will cover the topic of extraterritorial application and how it affects the international treaties and court cases that deal with issues pertinent to Guanta?namo. The fourth chapter discusses the effects that Guanta?namo has on the reputation of the United States internationally, and how it affects human rights around the world. Chapter five discusses possible recommendations in order to achieve the long-term goal of ending the Guantanamo Bay controversy, and protecting and promoting human rights everywhere.
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Date Issued
2016
Identifier
CFH2000134, ucf:45952
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH2000134
LEADERS AND LAGGARDS: CLIMATE CHANGE MITIGATION POLICY IN THE EUROPEAN UNION AND THE UNITED STATES
Title
LEADERS AND LAGGARDS: CLIMATE CHANGE MITIGATION POLICY IN THE EUROPEAN UNION AND THE UNITED STATES.
Creator
Breuer, Astrid, Bledsoe, Robert, University of Central Florida
Abstract / Description
In 1997, both the United States (U.S.) and the European Union (EU) signed the Kyoto Protocol, the first legally binding international treaty with targets for greenhouse gas emissions reductions. However, in 2001, the United States withdrew from the Protocol. This thesis seeks to understand some of the reasons why the European Union embraced the Kyoto Protocol while the United States did not. Using an overall framework of comparative politics, research is undertaken through three lenses. First...
Show moreIn 1997, both the United States (U.S.) and the European Union (EU) signed the Kyoto Protocol, the first legally binding international treaty with targets for greenhouse gas emissions reductions. However, in 2001, the United States withdrew from the Protocol. This thesis seeks to understand some of the reasons why the European Union embraced the Kyoto Protocol while the United States did not. Using an overall framework of comparative politics, research is undertaken through three lenses. First, an overview of public opinion toward global warming and climate change in the U.S. and the EU analyzes potential differences or similarities from surveys carried out in each area. Second, I examine the prevailing political ideology in each polity, with emphasis on the period when climate change arose as a major global challenge. Finally, two case studies examine the theory of environmental federalism and how it might affect climate change policy action. I obtained the following results. Public opinion research has revealed that, on average, the American public is nearly as concerned with climate change as the European public. However, the overarching political ideology in the U.S. was one of conservatism, while that in Europe was one of social democracy, with left and center-left governments, contributing to a greater or lesser degree, and through indirect mechanisms, to the political stances adopted. Finally, the case of Germany shows that member state actions, such as the implementation of ambitious reductions targets, can still play a crucial role in leadership even in the presence of action at the central government level (EU). The California case study shows that state-level efforts can rise to fill a vacuum created by the absence of central government action. In the end, behavior of each polity regarding international climate agreements, particularly the Kyoto Protocol, cannot be explained in simple terms. The complexity of the issues revolving climate change require further interdisciplinary research and collaboration among multiple actors including scientists, policymakers, nongovernmental organizations, and other stakeholders.
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Date Issued
2011
Identifier
CFH0003840, ucf:44757
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0003840
THE DISSOLUTION OF THE MONASTERIES BY KING HENRY VIII AND ITS EFFECT ON THE ECONMOY, POLITICAL LANDSCAPE, AND SOCIAL INSTABILITY IN TUDOR ENGLAND THAT LED TO THE CREATION OF THE POOR LAWS
Title
THE DISSOLUTION OF THE MONASTERIES BY KING HENRY VIII AND ITS EFFECT ON THE ECONMOY, POLITICAL LANDSCAPE, AND SOCIAL INSTABILITY IN TUDOR ENGLAND THAT LED TO THE CREATION OF THE POOR LAWS.
Creator
Cooper, Casey, Bledsoe, Robert, University of Central Florida
Abstract / Description
Before the reformation and the schism of the Catholic Church, it had always been the duty of the Church and not of the state, to undertake the seven corporal works of mercy; feed the hungry, give drink to the thirsty, welcome the stranger, clothe the naked, visit the sick, visit the prisoner, and bury the dead. By dissolving these institutions, Henry had unwittingly created what would become a social disaster of biblical proportions. In essence, this act was rendering thousands of the poor...
Show moreBefore the reformation and the schism of the Catholic Church, it had always been the duty of the Church and not of the state, to undertake the seven corporal works of mercy; feed the hungry, give drink to the thirsty, welcome the stranger, clothe the naked, visit the sick, visit the prisoner, and bury the dead. By dissolving these institutions, Henry had unwittingly created what would become a social disaster of biblical proportions. In essence, this act was rendering thousands of the poor and elderly without a home or shelter, it denied the country of much of the medical aid that has been offered by the church, it denied future generations of thousands of volumes of books and scriptures from the monastic libraries, as well as denied many an education who would have otherwise never received one without the help of the Church. The ultimate goal of my thesis is to prove my hypothesis that the dissolution of the monasteries by King Henry VIII was not merely a contributory factor in the need for the creation of poor laws, but the deciding factor (in a myriad of societal issues) for their creation.
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Date Issued
2011
Identifier
CFH0003834, ucf:44770
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0003834
WATER SANITATION AND WASTE MANAGEMENT IN LATIN AMERICA, COLOMBIA, AND CARTAGENA: A STUDY OF THE RELATIONSHIP BETWEEN ENVIRONMENT, HEALTH, POVERTY, AND POLICY
Title
WATER SANITATION AND WASTE MANAGEMENT IN LATIN AMERICA, COLOMBIA, AND CARTAGENA: A STUDY OF THE RELATIONSHIP BETWEEN ENVIRONMENT, HEALTH, POVERTY, AND POLICY.
Creator
Sullivan, Andrea K, Sadri, Houman A., Bledsoe, Robert, University of Central Florida
Abstract / Description
The objective of this research is to identify the need for stricter environmental standards and regulations in three areas of study. Organized by their level of analysis, these areas are Latin America (at the System-Level-of Analysis), Colombia (at the State-Level-of-Analysis), and the city of Cartagena (at the Sub-National-Level of Analysis). This research was accomplished in two phases. The first involved conducting an exhaustive literature search of sources, germane to the objective,...
Show moreThe objective of this research is to identify the need for stricter environmental standards and regulations in three areas of study. Organized by their level of analysis, these areas are Latin America (at the System-Level-of Analysis), Colombia (at the State-Level-of-Analysis), and the city of Cartagena (at the Sub-National-Level of Analysis). This research was accomplished in two phases. The first involved conducting an exhaustive literature search of sources, germane to the objective, published in Spanish and English. The second featured a site inspection conducted over a 10-day period during the month of May 2016 to Cartagena, Colombia. The purpose of the site inspection was to interview locals and to photographically document waste disposal practices. The results of this research determined that government at all levels (system, state, and subnational) play a significant and sometimes determinant role in managing waste and water pollution that are responsible for health problems primarily among the poor; these health problems are discussed in detail. This research discovered that the lack of government intervention is responsible for reducing the efficacy of waste management and water sanitation services. This research concludes with a discussion of how proactive waste management and water sanitation policies and practices can have a significant benefit not only to improving health but also has significant economic, social and environmental benefits that may reach beyond local levels.
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Date Issued
2016
Identifier
CFH2000150, ucf:45936
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH2000150
Appropriate Adjective: Executive Authority and the Classification of Enemy Combatants
Title
Appropriate Adjective: Executive Authority and the Classification of Enemy Combatants.
Creator
Davis, Taraleigh, Merriam, Eric, Bledsoe, Robert, Edwards, Barry, University of Central Florida
Abstract / Description
Is the term enemy combatant an established legal category of persons under international law? Has the President exceeded his constitutional authority in classifying United States citizens who are suspected terrorists as enemy combatants? In 2018 a U.S. citizen was released after being held for 13 months as an enemy combatant. He was detained without being charged with a crime and without the ability to challenge the legality of his detention. This thesis serves two purposes. First, it will...
Show moreIs the term enemy combatant an established legal category of persons under international law? Has the President exceeded his constitutional authority in classifying United States citizens who are suspected terrorists as enemy combatants? In 2018 a U.S. citizen was released after being held for 13 months as an enemy combatant. He was detained without being charged with a crime and without the ability to challenge the legality of his detention. This thesis serves two purposes. First, it will seek to trace the history of the term enemy combatant and highlight the evolution of its use by the executive branch. This thesis then examines whether the executive has exceeded his constitutional authority to classify a United States citizen as an enemy combatant. While most of the literature focuses on the treatment and detention of enemy combatants, existing scholarship largely overlooks the issue of authority to classify enemy combatants. This thesis will argue that the executive is overstepping the boundaries of its presidential power when the executive branch creates the criteria (a legislative function) for enemy combatants and applies the criteria in the classification of enemy combatants (a judicial function). This qualitative study will use normative legal research focusing on the principles of the law in classifying a suspected terrorist as an enemy combatant as well as the legal history of the term. The analysis of the legal history of the term enemy combatant will be completed by content analysis using Nvivo 12 software of various government documents as well as case studies of enemy combatant cases.
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Date Issued
2019
Identifier
CFE0007448, ucf:52703
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0007448
The African Puzzle: A Study of Democratic Backsliding in Sub Saharan Africa
Title
The African Puzzle: A Study of Democratic Backsliding in Sub Saharan Africa.
Creator
Rice, Ailbhe, Powell, Jonathan, Boutton, Andrew, Bledsoe, Robert, University of Central Florida
Abstract / Description
The following study examines the future of democratization and the apparent trend towards autocratization within the context of democratic backsliding in Sub-Saharan Africa. Initially, the findings indicate that regionally, backsliding is not acting fundamentally different in Sub-Saharan Africa when compared to other regions. The analysis finds that regime duration and civil conflict are both significant when it comes to the study of democratic backsliding. The variable for the prior military...
Show moreThe following study examines the future of democratization and the apparent trend towards autocratization within the context of democratic backsliding in Sub-Saharan Africa. Initially, the findings indicate that regionally, backsliding is not acting fundamentally different in Sub-Saharan Africa when compared to other regions. The analysis finds that regime duration and civil conflict are both significant when it comes to the study of democratic backsliding. The variable for the prior military regime's is extremely significant in all of the models and is, therefore, a strong indicator of backsliding in Africa. The chief takeaway from the study is in the variable for economic growth and finds that as economic growth increases the likelihood of backsliding decreases. This variable is negative and significant for all of the models, but if Africa is taken out of the analysis the trend ultimately disappears, which indicates that Africa is potentially driving this trend of economic growth and backsliding.
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Date Issued
2018
Identifier
CFE0007360, ucf:52080
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0007360
Not-So Splendid Isolation: an IPE Study of Iranian Sanction Busting
Title
Not-So Splendid Isolation: an IPE Study of Iranian Sanction Busting.
Creator
Rilea, Ryan, Sadri, Houman, Morales, Waltraud, Bledsoe, Robert, University of Central Florida
Abstract / Description
This study analyzes the US sanction regime imposed on the Islamic Republic of Iran. This single case study assesses its weaknesses and shortcomings in order to present a preliminary conclusion of the character of Iranian policies to bust the US sanctions regime. In charting the evolution of the US sanction regime through three distinct (")waves(") of sanctions the study highlighted the general shortcomings of the regime. First, the US sanction regime has failed to impose significant costs on...
Show moreThis study analyzes the US sanction regime imposed on the Islamic Republic of Iran. This single case study assesses its weaknesses and shortcomings in order to present a preliminary conclusion of the character of Iranian policies to bust the US sanctions regime. In charting the evolution of the US sanction regime through three distinct (")waves(") of sanctions the study highlighted the general shortcomings of the regime. First, the US sanction regime has failed to impose significant costs on Iran. Second, the slow pace of unveiling each new wave of sanctions failed to bring the necessary immediate pressure on Iran. Third, the inability of the US to gain sufficient multilateral support has limited the scope of the sanctions. These failures has allowed the Iranian leadership to construct a viable counterstrategy to bust US sanctions and continue the stalemate over the conflict of an Iranian foreign policy based on supporting Hamas and Hezbollah and the continued secrecy of its nuclear program. The Iranian counterstrategy has been centered on a domestic economic policy of autonomy, the courting of states outside the US sanction regime through the use of its valuable energy resources and the procurement of sanctioned goods through regional third party states.
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Date Issued
2012
Identifier
CFE0004288, ucf:49468
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0004288