Leonard Hammer | University of Arizona (original) (raw)
Papers by Leonard Hammer
Journal of Globalization Studies
Certain maritime global governance frameworks exist and can at times even be effective. Yet, seri... more Certain maritime global governance frameworks exist and can at times even be effective. Yet, serious implementation matters and dire environmental circumstances persist. Control mechanisms are mainly in the hands of states or outmoded international organizations facing off against powerful economic intermediaries engaged in exploitation and driven by strong demand from export markets. Political interests also weaken the system, such as disallowing important maritime actors like Taiwan from taking a part in the process. Given that maritime global governance is constantly shifting due to a host of changing processes, proper governance requires structural alteration as well as temporal accountability. A socialization context for maritime global governance, that emphasizes partnership models incorporating both private and public actors (such as market-based bodies with civil society actors to inform and direct regulatory bodies), can not only improve maritime governance but also allow for participation by Taiwan. Including a wider range of stakeholders like media, politicians, interest groups, and consumers along with an assistive reference to new forms of technologies, can result in activating infrastructures that combine varying interests (like economic and environment) and result in a more effective form of maritime global governance. At the same time, it can open the door for Taiwan to effectively join in environmental initiatives and international projects relating to maritime governance.
In response to extreme violence by Myanmar, over one million Rohingya refugees have flooded into ... more In response to extreme violence by Myanmar, over one million Rohingya refugees have flooded into Bangladesh, resulting in massive scale deforestation, land erosion, farmland degradation, and destruction of animal habitat, along with the Rohingya being denied basic environmental protections. Because neither Bangladesh nor the Rohingya are responsible for this environmental calamity, a variety of environmental legal claims can be raised against Myanmar, serving as grounds for proper redress to both the receiving state and the refugees therein. This paper highlights the emergence of environmental law as a basis for finding a sending state liable for the environmental impact and damage that it has caused to the receiving state and refugees due to the creation of a refugee crisis.
Forthcoming book from Cambridge University Press, 2020
Journal of Human Rights at Mofid University , 2019
International Journal of Taiwan Studies, 2020
One of the key decisions of the Law of the Sea Arbitration decision of 2016 was that the Itu Aba/... more One of the key decisions of the Law of the Sea Arbitration decision of 2016 was that the Itu Aba/Taiping “island” held by the ROC was not an island at all. Recognizing the ongoing policy shifts by the ROC since 2008 regarding the South China Sea, this article contends that the ROC would do well to declare Itu Aba an international haven for scientific exploration. Such a move would buttress the ROC’s international position, appease its allies, and allow the ROC to maintain some form of control over its interests in the South China Sea.
Human Security and the Socialization of Peace in The Palgrave Handbook of Global Approaches to Pe... more Human Security and the Socialization of Peace in The Palgrave Handbook of Global Approaches to Peace (2018)
Certain maritime global governance frameworks exist and can at times even be effective. Yet, seri... more Certain maritime global governance frameworks exist and can at times even be effective. Yet, serious implementation matters and dire environmental circumstances persist. Control mechanisms are mainly in the hands of states or outmoded international organizations facing off against powerful economic intermediaries engaged in exploitation and driven by strong demand from export markets. Political interests also weaken the system, such as disallowing important maritime actors like Taiwan from taking a part in the process. Given that maritime global governance is constantly shifting due to a host of changing processes, proper governance requires structural alteration as well as temporal accountability.
A socilaization context for maritime global governance, that emphasizes partnership models incorporating both private and public actors (such as market-based bodies with civil society actors to inform and direct regulatory bodies), can not only improve maritime governance but also allow for participation by Taiwan. Including a wider range of stakeholders like media, politicians, interest groups, and consumers along with an assistive reference to new forms of technologies, can result in activating infrastructures that combine varying interests (like economic and environment) and result in a more effective form of maritime global governance. At the same time, it can open the door for Taiwan to effectively join in environmental initiatives and international projects relating to maritime governance.
Paper to be published in Columbia Human Rights Law Review, 2018
The May 2015 Agreement between
Netherlands Quarterly of Human Rights, 1999
While the aspects of public international law clearly play a role in the Israeli Occupied Territo... more While the aspects of public international law clearly play a role in the Israeli Occupied Territories, one also should not ignore the private international law implications. Extraterritorial application of Israeli law has moved beyond the confines of applying solely to cases between Israelis, as had been the norm thus far, and into the penumbra of also applying to Palestinians who venture into Israeli-occupied towns. Slowly, one can discern a broadening of the Israeli rule of law, thus leading to an eventual application of Israeli law in the majority of instances, at least with regard to actions involving Israeli towns and companies. This can have a greater long term impact on the Israeli legal system's perception of the Israeli presence in the Occupied Territories.
Journal of Globalization Studies
Certain maritime global governance frameworks exist and can at times even be effective. Yet, seri... more Certain maritime global governance frameworks exist and can at times even be effective. Yet, serious implementation matters and dire environmental circumstances persist. Control mechanisms are mainly in the hands of states or outmoded international organizations facing off against powerful economic intermediaries engaged in exploitation and driven by strong demand from export markets. Political interests also weaken the system, such as disallowing important maritime actors like Taiwan from taking a part in the process. Given that maritime global governance is constantly shifting due to a host of changing processes, proper governance requires structural alteration as well as temporal accountability. A socialization context for maritime global governance, that emphasizes partnership models incorporating both private and public actors (such as market-based bodies with civil society actors to inform and direct regulatory bodies), can not only improve maritime governance but also allow for participation by Taiwan. Including a wider range of stakeholders like media, politicians, interest groups, and consumers along with an assistive reference to new forms of technologies, can result in activating infrastructures that combine varying interests (like economic and environment) and result in a more effective form of maritime global governance. At the same time, it can open the door for Taiwan to effectively join in environmental initiatives and international projects relating to maritime governance.
In response to extreme violence by Myanmar, over one million Rohingya refugees have flooded into ... more In response to extreme violence by Myanmar, over one million Rohingya refugees have flooded into Bangladesh, resulting in massive scale deforestation, land erosion, farmland degradation, and destruction of animal habitat, along with the Rohingya being denied basic environmental protections. Because neither Bangladesh nor the Rohingya are responsible for this environmental calamity, a variety of environmental legal claims can be raised against Myanmar, serving as grounds for proper redress to both the receiving state and the refugees therein. This paper highlights the emergence of environmental law as a basis for finding a sending state liable for the environmental impact and damage that it has caused to the receiving state and refugees due to the creation of a refugee crisis.
Forthcoming book from Cambridge University Press, 2020
Journal of Human Rights at Mofid University , 2019
International Journal of Taiwan Studies, 2020
One of the key decisions of the Law of the Sea Arbitration decision of 2016 was that the Itu Aba/... more One of the key decisions of the Law of the Sea Arbitration decision of 2016 was that the Itu Aba/Taiping “island” held by the ROC was not an island at all. Recognizing the ongoing policy shifts by the ROC since 2008 regarding the South China Sea, this article contends that the ROC would do well to declare Itu Aba an international haven for scientific exploration. Such a move would buttress the ROC’s international position, appease its allies, and allow the ROC to maintain some form of control over its interests in the South China Sea.
Human Security and the Socialization of Peace in The Palgrave Handbook of Global Approaches to Pe... more Human Security and the Socialization of Peace in The Palgrave Handbook of Global Approaches to Peace (2018)
Certain maritime global governance frameworks exist and can at times even be effective. Yet, seri... more Certain maritime global governance frameworks exist and can at times even be effective. Yet, serious implementation matters and dire environmental circumstances persist. Control mechanisms are mainly in the hands of states or outmoded international organizations facing off against powerful economic intermediaries engaged in exploitation and driven by strong demand from export markets. Political interests also weaken the system, such as disallowing important maritime actors like Taiwan from taking a part in the process. Given that maritime global governance is constantly shifting due to a host of changing processes, proper governance requires structural alteration as well as temporal accountability.
A socilaization context for maritime global governance, that emphasizes partnership models incorporating both private and public actors (such as market-based bodies with civil society actors to inform and direct regulatory bodies), can not only improve maritime governance but also allow for participation by Taiwan. Including a wider range of stakeholders like media, politicians, interest groups, and consumers along with an assistive reference to new forms of technologies, can result in activating infrastructures that combine varying interests (like economic and environment) and result in a more effective form of maritime global governance. At the same time, it can open the door for Taiwan to effectively join in environmental initiatives and international projects relating to maritime governance.
Paper to be published in Columbia Human Rights Law Review, 2018
The May 2015 Agreement between
Netherlands Quarterly of Human Rights, 1999
While the aspects of public international law clearly play a role in the Israeli Occupied Territo... more While the aspects of public international law clearly play a role in the Israeli Occupied Territories, one also should not ignore the private international law implications. Extraterritorial application of Israeli law has moved beyond the confines of applying solely to cases between Israelis, as had been the norm thus far, and into the penumbra of also applying to Palestinians who venture into Israeli-occupied towns. Slowly, one can discern a broadening of the Israeli rule of law, thus leading to an eventual application of Israeli law in the majority of instances, at least with regard to actions involving Israeli towns and companies. This can have a greater long term impact on the Israeli legal system's perception of the Israeli presence in the Occupied Territories.
Making a rather ambitious, broad-form decision, the Israeli Supreme Court (ISC) in 2009 ruled tha... more Making a rather ambitious, broad-form decision, the Israeli Supreme Court (ISC) in 2009 ruled that privatization of prisons is a per se violation of human rights, in particular the rights to liberty and dignity.1 The Court ruled that it was not the often deleterious consequences of privatization that violated the rights to liberty and dignity, but that privatization of prisons by itself was a violation.2 This decision has been subject to much negative commentary and criticism3 with most analyses focusing on the Court’s argument on the right to liberty. Scholars that
have dismissed the opinion seemed to have misread it, often grounding their counter-arguments with faulty and wildly abstract premises that misrepresent the human rights issues at stake. This article focuses on the Court’s novel argument on the right to human dignity, and especially how privatization of prisons turns inmates into commodities. While this argument may have been under-developed in the Court’s opinion, teasing out and expanding on the Court’s logic could provide an important new avenue to consider when litigating matters that pertain to the fundamental human right to dignity in other forums, both domestic and international. The Israeli Court decision briefly mentions that similar decisions have not been
made in other forums and cited a brief that suggested that “were arguments of this kind to be raised before those courts, they would not be expected to be successful.”4 This paper argues instead that the logic of the Israeli decision on the human rights
to dignity could be successful in other jurisdictions, especially those that have strong case law on the rights of vulnerable populations and the right to human dignity, such as South Africa, the African Commission of Human and Peoples’ Rights, and the Inter-American Human Rights system. Indeed, the viable contentions based on the human right to dignity that could be raised before the Inter-American Commission on Human Rights serve as potential grounds for challenging the widespread privatization of prisons in the United States.
