All content tagged with: Foreign Policy

Filter

  • Material Support Prosecutions and their Inherent Selectivity

    The government’s maintenance of a list of designated foreign terrorist groups and criminalization of any meaningful interaction or transactions – whether peaceful or violent - with such groups are no longer novel concepts. Inherent in both listing these groups and prosecuting individuals for assisting them, even in trivial ways, is the government’s essentially unreviewable discretion to classify groups and proceed with any subsequent prosecutions. A summary review of the past quarter-century reveals the government’s predilection for pushing the boundaries of what it deems “material support” to terrorist groups, all the while making greater and greater use of a criminal statutory scheme for foreign policy purposes. This Article explores the dynamics of the designation process and material support prosecutions, highlighting the selectivity inherent at every turn, which tells who and from what major monotheistic faith the terrorist threat emanates.

  • How to Sue an Asue? Closing the Racial Wealth Gap Through the Transplantation of a Cultural Institution

    Asues, academically known as Rotating Savings and Credit Associations (or ROSCAs for short), are informal cultural institutions that are prominent in developing countries across the globe. Their utilization in those countries provide rural and ostracized communities with a means to save money and invest in the community simultaneously. Adoption of the asue into the United States could serve as the foundation by which to close the racial wealth gap. Notwithstanding the benefits, wholesale adoption of any asue model runs the risk of cultural rejection because the institution is foreign to the African American community. Drawing upon principles of cultural and legal transplantation, successful transplantation of cultural institutions is possible where parameters that provide contextual stability are put in place. Given that the most prominent drawback to ROSCAs is the risk of default and embezzlement, the contextual stabilizer to prevent cultural rejection should be one that secures the ROSCA from said default and nefarious members. Therefore, I propose that trust law can be that context stabilizer because it would provide legal recourse and mitigate the inherent risks involved in asue participation.

  • In Fear of Black Revolutionary Contagion and Insurrection: Foucault, Galtung, and the Genesis of Racialized Structural Violence in American Foreign Policy and Immigration Law

    This article investigates the power relation between the political anatomy of the Black soul and non-somatic expressions of white supremacy-based violence. Utilizing Michel Foucault’s theories of discipline and punishment in conjunction with Johan Galtung’s theory of structural violence, I posit that the exercise of state-sanctioned discipline and punishment in furtherance of white supremacy constitutes racialized structural violence. Thus, this article contributes to the current public discourse concerning the role white supremacy plays in America by establishing a new construct that can be used to dissect the nature of racial oppression. Furthermore, this article analyzes the genesis and construction of racialized structural violence in American foreign policy and immigration law using America’s response to the Haitian Revolution as a case study. When combined, akin to discipline, American foreign policy and immigration law is a white supremacy-oriented, complex bundle of power technologies designed to evoke docility from Black and Brown nations. Both allow America to engage in dissociative white supremacy. Over time, America’s “right” and power to discipline and punish Black and Brown nations has been normalized as a rational function of our global society.

  • U.S. Race Relations and Foreign Policy

    It is easy for Americans to think that the world’s most egregious human rights abuses happen in other countries. In reality, our history is plagued by injustices, and our present reality is still stained by racism and inequality. While the Michigan Journal of International Law usually publishes only pieces with a global focus, we felt it prudent in these critically important times not to shy away from the problems facing our own country. We must understand our own history before we can strive to form a better union, whether the union be the United States or the United Nations. Ambassador Susan Page is an American diplomat who has faced human rights crises both at home and abroad. We found her following call to action inspiring. We hope you do too.

  • Gitano Legal Codes: Social Change, NGO’s, and External Legal Systems’ Influence on Governance of Spanish Roma Communities

    Gitanos are the Roma, otherwise known as Gypsies, of Spain that are predominantly concentrated in the southern province of Andaluda. Although the Roma are Europe's largest transnational minority, very little efforts have been made to understand their legal systems. Additionally, due to their long histories of oppression in Europe and internal legal codes that discourage sharing details of their legal systems with outsiders, their legal systems are particularly difficult to understand and for the most part, remain enigmatic and misunderstood. This Article analyzes the historical factors affecting the development of the Gitano legal system by using a horizontal axis metaphor, and the present-day effects of other legal jurisdictions and social factors on the Gitano legal system through a vertical axis metaphor. Through this analysis, the author offers suggestions as to how Gitanos may gain representation of their legal system without compromising tenets of their legal codes, and hopes that a similar mode of analysis may be applied to both Roma and other stateless communities. Critical analysis is crucial in brainstorming for solutions in dealing with the Roma's dire social situations, often described as "Europe's worst human rights abuse." Spain is in a unique position to lead efforts in this arena because of the relatively more assimilated social situations of Gitanos compared to other Roma. Also, as an established European Union member with the largest population of Roma in Western Europe, Spain also stands in a position to influence European Union policy towards all Roma of European Union states. This is particularly important as Eastern European states with high Roma populations are now slowly entering the European Union.