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131. Marijuana Policy in Colorado

Author:
Jeffrey Miron
Publication Date:
10-2014
Content Type:
Working Paper
Institution:
The Cato Institute
Abstract:
In November 2012, voters in the states of Colorado and Washington approved ballot initiatives that legalized marijuana for recreational purposes. Alaska, Oregon, and the District of Columbia are scheduled to consider similar measures in the fall of 2014, and other states may follow suit in the fall of 2016.
Topic:
War on Drugs, Social Movement, and Law
Political Geography:
United States, Washington, and Colombia

132. Regulating RoboCop: The Need for International Governance Innovation in Drone and AWS Development and Use

Author:
Melisa Foster and Virgil Haden-Pawlowski
Publication Date:
10-2014
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
Drones and AWS are more than simply new technology; they are a new method of combat engagement, representing a revolution in military affairs (Arkin 2013, 1). The current deployment of certain forms of robotic weapons technology, and the direction of their continuing development and use, are inadequately influenced by international law. While this technology offers strategic advantages and may reduce the need to put military personnel in harm's way, it also creates enormous risks to the erosion or abuse of human rights, peace, national security, ethical conduct in war and international law.
Topic:
Science and Technology, International Security, Governance, and Law

133. Dual Citizenship: Reducing Governance and Protection Gaps

Author:
Busra Hacioglu, Alina Shams, Amy Wood, and Ruiqian Zhang
Publication Date:
10-2014
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
On December 29, 2013, the journalists Mohamed Fahmy, Peter Greste and Baher Mohamed were arbitrarily arrested and detained in Cairo, Egypt. They were sentenced to seven years in prison after a five-month trial, a verdict US Secretary of State John Kerry called "chilling and draconian" (quoted in Holmes 2014). Although more contentious, the 2002 rendition of Canadian-Syrian citizen Mahar Arar also garnered international condemnation. 2 The subsequent apology by the Canadian government drew attention to the vulnerability of dual citizens, both abroad and at home. In 2006 and 2011, Canadian citizens from Lebanon and Egypt called upon the Canadian government for support during conflicts, with over 13,000 evacuated from Beirut alone by the end of July 2006. These cases all bring to light the complex web of obligations and transnational legalities, which come to the fore during times of conflict. Characterized by an absence of global governance, dual citizenship occupies a grey area in the international arena, as no international conventions directly apply to this citizenship status. In this absence, there are fragmented state responses based on geopolitical and geographical demand - dual citizenship can be permitted, avoided restricted or renounced - according to the whims of states. This has created a messy terrain around rights, state responsibilities, security and migration.
Topic:
Security, Human Rights, Migration, Governance, and Law
Political Geography:
Lebanon, Syria, and Egypt

134. Remarks of U.S. President Barack Obama at National Defense University

Publication Date:
09-2013
Content Type:
Journal Article
Journal:
PRISM
Institution:
Institute for National Strategic Studies (INSS), National Defense University
Abstract:
It's an honor to return to the National Defense University. Here, at Fort McNair, Americans have served in uniform since 1791– standing guard in the early days of the Republic, and contemplating the future of warfare here in the 21st century.
Topic:
Cold War, Terrorism, and Law
Political Geography:
Pakistan, America, and Europe

135. Not a Rubber Stamp: Myanmar's Legislature in a Time of Transition

Publication Date:
12-2013
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Myanmar's new legislature, the Union Assembly formed in 2011 on the basis of elections the previous year, has turned out to be far more vibrant and influential than expected. Both its lower and upper houses have a key role in driving the transition process through the enactment and amendment of legislation needed to reform the outdated legal code and are acting as a real check on the power of the executive.
Topic:
Democratization, Development, and Law
Political Geography:
East Asia and Myanmar

136. Storm over Foreign Funding Continues in Egypt

Author:
Kinga Brudzinska
Publication Date:
12-2013
Content Type:
Policy Brief
Institution:
The Polish Institute of International Affairs
Abstract:
Similar to the situation before the Arab Awakening, state control of civil associations in Egypt remains intact. Correspondingly, foreign funding for NGOs is still a controversial, selective and sensitive topic. Despite the objections of civil society and the international community, a new draft law on NGOs presented in September 2013 will most likely maintain the idea of state oversight of civil society organisations. The European Union, and Poland itself, should constantly monitor the status of the new draft law and actively encourage the authorities to comply with international standards. Despite difficulties with delivering the aid, the EU should stick to its values while supporting Egypt's transition and continue to provide aid to local NGOs.
Topic:
Civil Society, Non-Governmental Organization, and Law
Political Geography:
Europe, North Africa, and Egypt

137. Awaiting Justice: Prospects for Prosecuting War Crimes in Syria

Author:
Maria Radziejowska
Publication Date:
11-2013
Content Type:
Policy Brief
Institution:
The Polish Institute of International Affairs
Abstract:
In light of the current situation in Syria, and calls to hold to account those responsible for the atrocities allegedly committed during the conflict, a group of members of the American Congress suggested that the Security Council should create an ad hoc tribunal for Syria. A Blue Ribbon Panel of international criminal law experts presented a draft Statute for a Syrian Extraordinary Tribunal to Prosecute Atrocity Crimes, while some of the Security Council members suggested referring the situation in Syria to the International Criminal Court. Issues pertaining to establishing justice and restoring the rule of law in Syria will certainly be on the agenda for future peace talks. The question of working out a transitional justice strategy for the country is inevitable. Whether such a strategy should include a judicial accountability mechanism will certainly be considered.
Topic:
Conflict Resolution, Human Rights, Law Enforcement, and Law
Political Geography:
Syria

138. Beware the discretionary choices of arbitrators

Author:
Gus Van Harten
Publication Date:
12-2013
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
Investment treaty arbitration has unfolded rapidly in recent years. Some observations arising from analyses of arbitrator awards are high lighted below. They support broad conclusions that: arbitrators reviewed a wide range of legislative, executive and judicial decisions but typically did not exercise judicial restraint in various ways associated with domestic and international courts; arbitrators typically adopted expansive approaches to their authority and to investor entitlements to compensation, especially where the claimant had the nationality of a major Western capital-exporting state; and decision-making power was highly concentrated amongarbitrators, suggesting a need for closer scrutiny of how the most active individual arbitrators have expanded the meaning of investment treaties and corresponding principles of state liability.
Topic:
Economics, International Trade and Finance, Markets, Treaties and Agreements, Foreign Direct Investment, Law Enforcement, and Law

139. Letters and Replies

Publication Date:
03-2013
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
I want to thank C. Bradley Thompson for his excellent (and disturbing) article on government "education" ["The New Abolitionism: Why Education Emancipation is the Moral Imperative of our Time," TOS, Winter 2012-13]. Among the many disturbing facts Dr. Thompson reports, one that affected me personally concerns homeschooling in California. I have done (and continue to do) some homeschooling for local California families and was disturbed to learn that what I do was ruled illegal by some judge named Croskey. I was relieved to find by the end of the paragraph that Croskey (partially) reversed his ruling. What an abhorrent man and system! I, too, am an abolitionist.
Topic:
Education, Government, and Law
Political Geography:
California

140. Fake It Till You Make It

Author:
Kal Raustiala and Christopher Sprigman
Publication Date:
07-2013
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
Given that Chinese counterfeiting has benefits as well as costs, and considering China's historical resistance to Western pressure, trying to push China to change its approach to intellectual property law is not worth the political and diplomatic capital the United States is spending on it.
Topic:
Economics and Law
Political Geography:
United States, China, and Europe