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"Contextualizing and Theorizing Economic Development, Local Business and Ethnic Cleansing in Myanmar" Free Download

JASON MIKLIAN, International Peace Research Institute, Oslo (PRIO)

After Myanmar ended military rule in 2011, significant foreign investment arrived to facilitate a profitable transition to an integrated regional economy, and under the promise that foreign actors can help facilitate peaceful long-term development. However, these firms have also tacitly supported an ethnic cleansing committed by the government that most have partnered with or funded. This article builds theory on economic opening, development and conflict, using research from Myanmar to forward three arguments about business actions in fragile, at-risk countries. First, international-led regulatory reform has had little impact on endemic corruption at the micro or meso levels, as local elites and international businesses remain the primary beneficiaries. Second, ‘development’ is a contentious topic, defined locally not as broad societal growth but the unjustified picking of winners and losers in society by foreign entities. Third, business ventures are exacerbating ethnic tensions through a liberal peacebuilding mentality that is unresponsive to either local conflicts or local communities. The article closes by offering three ways that these findings build theory on business engagement as peacebuilders and development agents in developing yet fragile states.

"Unconventional Refugees" Free Download

ELIZABETH KEYES, University of Baltimore - School of Law

Refugees are a flash point for political divisions in the United States and abroad. The enormous personal, moral, and legal challenges posed by the displacement of refugees around the world reveal the dire inadequacies of our current policies toward refugee protection. Children running to border agents at the U.S. southern border are treated as a security threat to be deterred, instead of a vulnerable population needing some level of protection. The numbers of people seeking safety in the United States, while not objectively high, places further strain on an already under-resourced heavily burdened immigration system, which at the end of the day, offers only partial hope to some of those seeking safety. Simply put, our current laws are simply not designed to offer meaningful protection that fits the contours of new waves of forced migration.

This article breaks open a debate that has been caught between the binaries of protection versus deterrence, and instead asks what framework could effectively serve multiple goals, both short-term protection and long-term deterrence and public safety. To do this, it questions our exclusive focus on the protection afforded by the Refugee Convention, and considers what rights to protection might be owed to “unconventional refugees.?

The Refugee Convention’s principle of non-refoulement (or non-return to the persecuting country) imposes significant duties on receiving nations like the United States, while its implementation requires intensive individualized determinations that create great demands on an overstretched immigration system. Its high value comes from the path it creates for refugees to ultimately access U.S. citizenship, and the value necessarily entails a process of great detail and depth. This article considers whether a complementary form of protection for unconventional refugees is appropriate—protection that is perhaps less valuable, but also less complex to administer and easier for the refugees to access.

The article examines precedents in U.S. immigration laws for such a reimagined form of protection, and examines a series of justifications, both philosophical and pragmatic, for such protection. The world is undeniably experiencing a moment where even the Refugee Convention meets considerable political opposition, so the project of developing a new framework is a long-term one, but it is a project that merits thoughtful consideration starting now. The principle of non-refoulement was once novel, and now constitutes a powerful principle of international law. A new principle for protecting unconventional refugees may also be possible, but only if we begin the task of imagining it.

"‘Lord Forgive Me, but He Tried to Kill Me’: Proposing Solutions to the United States’ Most Vexing Racial Challenges" Free Download
13 Wash. & Lee J. Civ. Rts. & Soc. Just. 3 (2016)


While great progress has been made in the United States in the past fifty years in connection with race relations, three critical issues continue to vex our nation. The United States, despite its progress, continues to struggle mightily with (a) the police killing of unarmed black men; (b) racially disproportionate mass incarceration; and (c) violent homicides of black men and boys. Nightly newscasts detail seemingly weekly killings of unarmed African American men by law enforcement officers. Mass incarceration, while plateauing in the last several years, continues to see millions of United States citizens incarcerated at rates unmatched by any other country in the world. Those incarcerated are disproportionately African American and Latino males jailed for non-violent drug and property crimes. Statistics show that African American citizens suffer 55 percent of all homicide deaths in the United States while making up just 13 percent of the population. In nearly every major city in the United States, African American males constitute 65 to 75 percent of those homicide deaths while often making up a small percentage of those cities’ populations. These homicide statistics are so dramatic, it appears that an epidemic is occurring in the U.S.

Twenty-five years ago, Ice Cube dubbed African American males an “endangered species,? and little has changed since that time to indicate that much is better. Young black men in the United States face an incredible risk of being killed, whether by law enforcement officers or each other, or if not killed, imprisoned. If a young black man is locked up, that prison bid is commonly understood to foreclose many later opportunities that upon release are necessary to lead a happy and healthy life.

Death or prison awaits an alarming number of young black men in today’s America. These dire circumstances are simply unacceptable in a developed and wealthy nation like the United States of America.

In examining and detailing the racial challenges that continue to vex the United States, it is never difficult to point to statistics and evidence that extrapolate the problem. What is difficult is proposing solutions and optimistic prognostications for what can be done to ease these racial tensions that cause our persistent racial difficulties in order to preserve and value the lives of young African American men and boys. This Article offers to do just that: propose solutions. The second section will provide evidence that we are indeed plagued by the three racial challenges articulated above. The third section will propose solutions and actions that can be taken to address and work to reverse these distressing racial realities. In proposing solutions, this Article will focus on myriad actions that can be taken, including legislative enactments, training initiatives, advocacy programs, and, in particular, local municipal programs as exemplified by the City of Fort Wayne, Indiana as engaged by the author. While not a panacea, each of the solution proposals carries with it the promise of easing and resolving many of the racial tensions and hostility that continue to plague United States citizens of color.

"Ukraine: Light of Hope's Work Improving Social Services for Marginalized Groups" Free Download

SERGII SLUKHAI, Kyiv National University of Taras Shevchenko

Light of Hope was founded in 1999 as a charity association with the mission of helping people living with HIV/AIDS in the Ukrainian city of Poltava and the surrounding region. Over time its mission, and the range of services it has provided, has expanded to encompass other marginalized groups. The organization began to work with people struggling with substance abuse and then former inmates. Light of Hope eventually became one of Ukraine’s largest and most successful non-state service delivery organizations.

In 2011 it embarked on a pioneering campaign to collaborate with the city government of Poltava. This case study examines the Light of Hope’s efforts to establish the Poltava Social Adaptation Center, which received unprecedented fiscal support from the local government. It documents how Light of Hope managed to successfully establish a facility to deliver a complex array of services to ex-prisoners, drug users, people who are HIV-positive, and the homeless. Light of Hope was able to garner an unprecedented level of support from the city government for the center, including funding from the city budget. In the process, the organization also challenged the stigma surrounding marginalized groups.

This case study provides useful lessons for service delivery organizations seeking a wider strategy for winning social change.

"The Council of Europe and the European Court of Human Rights" Free Download
Forthcoming in International LGBTI Law: Sexual Orientation and Gender Identity Law from an International-Comparative Perspective Andreas R. Ziegler (ed.), Professor of Law (University of Lausanne)

PAUL JOHNSON, University of York

This chapter aims to provide a comprehensive but condensed assessment of the current state of human rights protection offered to LGBTI people by the Council of Europe and, importantly, identify the gaps that currently exist in that protection. The chapter examines the work of the statutory bodies of the Council of Europe – the Committee of Ministers and the Parliamentary Assembly – as well as the jurisprudence of the European Court of Human Rights.

This is an uncorrected draft of a chapter that will be published in a volume titled "International LGBTI Law: Sexual Orientation and Gender Identity Law from an International-Comparative Perspective" edited by Prof Andreas R. Ziegler (University of Lausanne).

"Prosecuting Gender-Based Persecution: The Islamic State at the ICC" Free Download
126 Yale L. J. 1050 (2017)

EMILY CHERTOFF, Yale University, Law School, Student

Reports suggest that Islamic State, the terrorist “caliphate,? has enslaved and brutalized thousands of women from the Yazidi ethnic minority of Syria and Northern Iraq. International criminal law has a name for what Islamic State has done to these women: gender-based persecution. This crime, which appears in the Rome Statute of the International Criminal Court (ICC), has only been charged once, and unsuccessfully, in the Court’s two decades of existence. The case of the Yazidi women presents a promising opportunity to charge it again — and, potentially, to shift the lately unpromising trajectory of the Court, which has been weakened in recent months by a wave of defections by former member states.

This Note uses heretofore unexamined jurisprudence of the ICC’s Pre-Trial Chamber to elaborate — element by element — how the Prosecutor of the Court could charge gender-based persecution against members of Islamic State. I argue that the prosecution of Islamic State would not just vindicate the rights of Yazidi survivors of Islamic State violence. It would help to consolidate an international norm against gender-based persecution in armed conflict — a norm that, until now, international law has only incompletely realized. This Note argues that only by prosecuting the crime of gender-based persecution can international criminal law cognize violence, like the attacks on Yazidi women, that is motivated not just by race, ethnicity, or gender, but by the victims’ intersecting gender and ethnic or racial identities. I conclude by reflecting on the role that a series of prosecutions against perpetrators of gender-based persecution might have in restoring the legitimacy of the ailing ICC.


About this eJournal

Supported by: American Anthropological Association (AAA)

This eJournal distributes working and accepted paper abstracts of applied and practicing anthropology studies, including studies that use anthropological theories and methods to address current problems, such as development, social justice and human rights, studies that are aimed at educating non-anthropologists and studies of anthropologists applying their knowledge in professional fields. The topics in this eJournal include: Theory & Method in Applied Anthropology; Topics of Concern in Applied Anthropology; Public & Practicing Anthropology; Negative Results - Applied & Practicing Anthropology.


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