Dissertationen: „Pacific law“

1

McLachlan, Campbell Alan. „State recognition of customary law in the South Pacific“. Thesis, University College London (University of London), 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285211.

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2

Pappas, Caroline History Australian Defence Force Academy UNSW. „Law and politics : Australia's war crimes trials in the Pacific, 1943-1961“. Awarded by:University of New South Wales - Australian Defence Force Academy. School of History, 1998. http://handle.unsw.edu.au/1959.4/38701.

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This dissertation examines the trial of Japanese war crimes conducted by Australia between 1945 and 1951; although the study commences in 1943, when the Government first focussed on the issue, and ends in 1961, when the issue was closed. Beyond providing an overview of the trials the thesis addresses the major criticism of the trials by looking at whether the trails were fair and if they fulfilled Australian aims. This is addressed within the context of the two elements of international law, the political, and the legal, and examined in each of the three sections. The Policy section establishes the political context of the trials by examining the influence of the international community and the Australian Government. Both influenced structure and progress rather than the final application of the law. When Australian attitudes were incongruous with international views, a perception that Australia was harsh and repressive developed even though justice was an important part of the Government???s agenda. A study of legal aspects of the trials commences in the Procedures section. Australia???s legislation and regulations are explained with particular emphasis on the more controversial aspects, and a comparison is made with the war crimes instruments of other Allies trying the Japanese showing many similarities between the regulations used by other nations and Australia???s. Procedures also discusses the framework for the Australian trials, the procedures used to bring a case to trial, the process used in court, the review process and the carrying out of sentences. Such a thorough study of the procedural basis is necessary to evaluate the individual trials. Practical examples of some of the procedural problems are also discussed in the following section ??? Practice. This section reviews a number of trials and the various types of crimes and the claims made in defence to show how Australia applied and interpreted the law. The study finds many similarities between Australia???s application of the law and the practice of other nations, indicating that Australian courts were applying what was considered to be customary expectations of behaviour. Throughout the trials there was little evidence of vindictiveness or revenge, either by Government or in the courts. Both were faced with significant problems, which were not always dealt with well but overall the trials were fair and those involved were concerned that justice should not only be seen to be done, but actually be done.

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3

Serrano, Katharina Anna. „EU-South Pacific : trade-developments nexus in Economic Partnership Agreements“. Thesis, University of Central Lancashire, 2009. http://clok.uclan.ac.uk/20210/.

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The purpose of this study was to examine the nature of the trade-development nexus in economic relations between the European Union and Pacific island states. Two interrelated but competing International Relations theories are utilised as tools for analysis: the dependency theory and realist theory. The research consists of analysis of the approaches, assumptions and applicability of both theories in the wider context of North-South relations, with a focus on recent changes in the relationship between the European Union and Pacific island states. The thesis revealed that the lack of success in reaching policy objectives throughout a long-lasting relationship was a key driving force for several policy shifts; these resulted in the implementation of the trade-development nexus into new foreign policy instruments, the Economic Partnership Agreements. Research demonstrated that new dependency theory forecasts more emphasis on the internal development dimension and a development-friendly trade-development nexus. Realist theory however estimates that, depending on power projections and self-interests involved, the trade-development nexus may lead to either more co-operation or more conflict in relations between the European Union and Pacific island states. In order to test the theoretical propositions, the thesis turned to the analysis of two case studies. It looked at the sugar sector in Fiji and the fisheries sector in the South Pacific. Both case studies demonstrated how the trade-development nexus selfadjusts to a given situation or changes through a set of conditions present at any given point in time— a phenomenon that is a defining feature, and possibly the actual essence of the nexus. This flexibility may positively contribute to the European Union's aspirations of becoming an influential global actor through trade and development policies. However, flexibility renders the trade-development nexus unpredictable as policy instrument and therefore less desirable from the perspective of Pacific island countries than it would appear in light of the case-studies.

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Shucksmith-Wesley, Marc. „The Falklands (Malvinas) dispute : a critique of international law and the pacific settlement of disputes“. Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/52214/.

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This thesis brings a focusing lens on one of history’s most intractable and protracted territorial disputes, that between the United Kingdom and Argentina over the non-self-governing territory known as the Falklands (Malvinas), an archipelago of 200 islands, some 480 miles north-east of Cape Horn, Argentina. For Argentina, the ‘Malvinas are a constantly bleeding wound, flesh torn from the body that is Argentina’. To the United Kingdom, the territory represents one of the last vestiges of its once vast empire, having held effective control of the territory since 1833, other than for a short period in 1982 following an Argentine use of military force. The facts, history, law, and politics of this dispute all act in concert to create a picture that is so highly nebulous that a clear view as to which State should hold territorial sovereignty has yet to emerge, with there being legitimately argued positions in favour of both disputing States. At the heart of this thesis is a critical analysis of the history, the legal arguments, and the methodologies of international lawyers in order to examine the effectiveness of international law as a dispute settlement mechanism. In doing so, this thesis ascertains whether international law has a role to play in resolving this most entrenched of international disputes. This re-evaluation of the value of international law, through a critical lens, argues that international law does have the potential to assist in the resolution of the dispute. However, this is only possible if political leaders are ready to grasp on to that opportunity, and to make use of diplomatic means of dispute settlement, at the critical moment when the dispute becomes ripe, at times of significant political change. It is in these moments that international law could prove to be the guiding hand that may assist with the normalisation of relations between Argentina and the UK.

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McGonigle, Sean. „Comparative regulation of air transport in the Asia-Pacific region“. Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19643.

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This thesis provides a comprehensive review of recent developments in the economic regulation of air transport in the Asia-Pacific region. The focus is on the progressive liberalisation of the designation criteria in selected agreements. A brief historical overview is followed by a summary of the decision of the European Court of Justice in the "open skies" cases. The thesis then examines three recent Asia-Pacific agreements: the Australia - New Zealand arrangements; the APEC Multilateral agreement; and the Pacific Islands agreement. This review is followed by a discussion of some potential developments in the region that could lead to the conclusion of a new multilateral agreement between the European Union and selected Asia-Pacific States.

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Hu, Hong 1968. „Open skies and its recent impact on the Asia-Pacific region“. Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20535.

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The primary intention of this thesis is to examine open skies policy and its far-reaching impact on the Asia-Pacific region.
In order to achieve this, we will describe the historic evolution of economic regulation in civil air transport, which laid the foundation for an open skies regime. Moreover, the scope of an open skies regime on a global scale is addressed. Then, a detailed study of the essential elements of bilateral open skies agreements is undertaken.
Afterwards, an analysis of the current economic air transport regulation in Asia-Pacific is conducted. With the emergence of the open skies trend, most Asia-Pacific nations began to liberalize their air transport industries. Yet, bilateral agreements remain the primary means to attain this goal.
More necessarily, several Asia-Pacific countries' air transport policies will be comprehensively examined. This examination includes Japan, China, Singapore, Taiwan, South Korea, the Philippines and Australia.
Finally, a perspective for liberalization via a hybrid of bilateral and sub-regional open skies arrangements in the Asia-Pacific region is presented.

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Masudul, Haque A. K. M. „Critical reflections on law and public enterprises in Bangladesh“. Thesis, University of Warwick, 1991. http://wrap.warwick.ac.uk/108768/.

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This thesis analyses the use of law in the emergence and functioning of public enterprises in Bangladesh, which are viewed as a politico-economic and legal institution devised to implement public policy. According to a meeting of experts at Tangier (Morocco) from the 15-19 December 1980 on the "Concept, definition and classification of public enterprises", a public enterprise is an organisation which is: -owned by public authorities including central, state or local authorities, to the extent of fifty percent or more, -is under the top managerial control of the owning public authorities, such public control including, inter alia, the right to appoint management and to formulate critical policy decisions, -is established for the achievement of a defined set of public purposes, which may be multidimensional in character -and is consequently placed under a system of public accountability -is engaged in activities of a business character -involves the basic idea of investment and returns -and which markets its outputs in the shape of goods and services. Thus, public enterprises would include any commercial, financial, industrial, agricultural or promotional undertaking owned by a public authority, either wholly or through majority shareholding which is engaged in the production and sale of goods and services and whose affairs are capable of being recorded in the balance sheets and profit and loss accounts. In spite of the fact that many of the problems of public enterprises are a direct concern of lawyers, this thesis is the first attempt by a lawyer to study legal aspects of public enterprises in the context of Bangladesh. It aims to make an original contribution to the growing body of scholarship establishing links between public law and politics. It was undertaken at a time when the idea of privatisation is sweeping all over the world, necessitating a fresh discussion on the role of public enterprises and the practicality of significant privatisation in a poor country like Bangladesh. By its very nature, the thesis can only be both analytical as well as descriptive. The scheme of analysis involves reference to historical, political, social and economic factors that have contributed to the emergence of public enterprises in Bangladesh and the later privatisation of some of them The thesis is influenced by the recognition of the importance of contextual non-legal factors that have influenced the development process in Bangladesh. Like in many other developing countries, in Bangladesh the role of law in achieving developmental objectives has been over-emphasised. Of course problems of development have clearly influenced the perception of the predominant role of legislation. But law is only one factor interwoven with other factors in a wider social and economic fabric. This is not to de- emphasise the importance of formal legal provisions, but they should be seen as symbols of attempts to implement the law's underlying tasks, and, in the course of this, as providing political resources which individuals and groups can utilise to gain their ends. It is, therefore, important not to confuse the instruments of implementation with the underlying purposes themselves. Thus this thesis, instead of focusing only on the different kinds of legal rules, looks at the underlying power relationships in Bangladesh and the interests for which state power is being used which, in turn, influence the actual functioning of the public enterprises. The roles of the state and the bureaucracy in the functioning of public enterprises are included in this discussion. It explains the behaviour, performance and development of public enterprises in Bangladesh. It also, examines the political and socio-economic context in which public enterprises are embedded. The central hypothesis of the thesis is that the creation and operation of public enterprises are mostly determined by the character of the political coalition in power, and that political changes are reflected in intra-organisational dimensions. It recognizes that even though public enterprises are powerful socio-economic and legal entities, to understand their functioning it is necessary to analyse their external environment. Indeed, an adequate approach to public law should be to investigate public policy, and ask what demands government makes of the constitutional and legal systems in seeking to achieve its objectives, how those systems respond to those expectations, and the problems created by those responses for the government. Thus public law is a tool used to achieve public ends. The use of public law may occur directly either through the moulding of social processes by regulatory rules or through the establishment and definition of institutions. Thus the version of public law adopted in the thesis has for its main focus of interest the design of institutions through which public policy is implemented along with the relationship between those institutions and other parts of the constitutional structure. Therefore, a particular concern of this thesis will be institutional design for the operation of public enterprises in Bangladesh. Operational aspects include both organisation and management. Organisation is viewed as the structure of hierarchy in the functioning of public enterprises and management can be defined as the processes by which the work is accomplished including planning, financing, staffing, controlling various activities and ensuring accountability. The thesis concludes that, the legal forms and the law including measures of privatisation have not achieved what they had intended to. The benefit of the legal form can be achieved only when there is a full understanding and acceptance by the concerned parties viz., government, management and workers of what a legal form entails. Until public enterprise culture becomes more business-like, the changes in the legal form will be of little relevance. In order to improve the performance of public enterprises it is necessary to ensure true accountability of the government to the people. Without establishing real democracy in Bangladesh, which was mostly governed by martial law, framing rules and regulations to improve performance of public enterprises will largely be an exercise that will not ensure practical benefits to the country.

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Srur, Muradu A. „State policy and law in relation to land alienation in Ethiopia“. Thesis, University of Warwick, 2014. http://wrap.warwick.ac.uk/74132/.

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The thesis examines the nature and mechanisms of land alienation in the context of Ethiopia's history of land relations and the role of national and global actors. In consideration of these themes, the study has adopted a contextual analysis of law and policy. Data from fieldwork has informed the core themes. It has also involved a combination of doctrinal legal research and documentary policy research augmented by quantitative data. The research considers issues of land alienation in the situation where the main relevant perspectives argue for the abolition of the people's ownership of land approach embodied in the country's 1995 Constitution and its replacement by private ownership of land (privatization perspective) or for its modification to allow alienation of land use rights (revisionist perspective) or for its change into village ownership of land with a possibility of market transfer of land use rights (associative ownership perspective). In addition to their promotion of one or another form of land alienation, the above three perspectives focus on consideration of ways to break the bureaucratic power of the State over land. This study contends that a focus on these issues has prevented the perspectives from fully identifying and thus explaining features of the ongoing land alienation in Ethiopia including the position of international institutions. This thesis therefore claims that there is an underlying shift towards marketable property in land in favor of actors who are assumed to be 'better land improvers. This is happening in a dual context of significant land poverty and economic growth.' Land alienation is being manifested in rural land expropriation laws, administrative and judicial endorsement of kontract, absence of recognition of communal lands and transfer by the State of the communal rural lands to large-scale farmers through the deployment of discourses such as 'empty land' and the 'tragedy of the commons.' This gravitation clashes with the people's ownership of land approach that provides for agricultural land for peasants and pastoralists, security of their landholdings and a ban on land alienation. The tilt has resulted in another tension between federal and regional governments where the Centre claims that efficiency demands that it handle land transfers to developers whereas the regions assert their constitutional power over land. Similarly, global institutions are involved in a contradiction because they prescribe land rights to the poor as a strategy to reduce poverty in Ethiopia and at the same time they encourage large-scale land grants in accordance with `principles of responsible agricultural investment.' The thesis proposes an affirmation of the constitutional principles concerning land with a proper form of constitutionality.

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Opata, Chukwudiebube Bede Abraham. „Telecommunications law and regulation in Nigeria : a study of universal service provision“. Thesis, University of Warwick, 2010. http://wrap.warwick.ac.uk/35531/.

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This thesis undertakes an analysis of the law pertaining to the regulation of telecommunications in Nigeria generally and more specifically with regards to the extension of access to telecommunications services to unserved and underserved persons and areas in Nigeria. The study is situated in the context of privatisation and liberalisation reform of the Nigerian telecommunications sector. It addresses the question of how to extend access to telecommunications services in Nigeria to unserved and underserved persons and areas. This question is researched by focusing on the sector regulator the Nigerian Communications Commission and analysing the mechanisms, ranging from licensing to interconnection to universal service provision and the National Rural Telecommunication Programme, that have been deployed in the past to achieve this objective to ascertain how these may be improved to ensure that as many persons and areas as possible have access to telecommunications services. The issue of securing the accountability of the regulator responsible for the deployment of these access extension mechanisms is also addressed. The research identifies the main international influences on the development of the Nigerian regulatory framework and shows the country’s ability to borrow from a number of sources while adapting and refining the borrowed rules to solve Nigerian problems. The thesis makes a contribution to knowledge in at least three material ways. It is, to the best of my knowledge, the first work on the legal framework for the regulation of telecommunications in Nigeria after the enactment of the Communications Act 2003. Secondly, it is also the first work that I am aware of which analyses issues of access to telecommunications services using a variety of regulatory mechanism as opposed to focusing on universal access and universal service alone. Finally it presents a positive illustration of a successful outcome of globalisation of rules, specifically the transposition or transplantation of specific legal rules in the economic context of a developing African country.

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Chapple, Simon James History &amp Philosophy Faculty of Arts &amp Social Sciences UNSW. „Law and society across the Pacific: Nevada County, California 1849-1860 and Gympie, Queensland 1867-1880“. Awarded by:University of New South Wales. History & Philosophy, 2010. http://handle.unsw.edu.au/1959.4/44815.

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This thesis explores the connection between legal history and social history through an analysis of commercial, property and criminal laws, and their practical operation, in Nevada County, California from 1849 to 1860 and the Gympie region, Queensland from 1867 to 1880. By explaining the operation of a broad range of laws in a local context, this thesis seeks to provide a more complete picture of the operation of law in each community and identify the ways in which the law influenced social, political and economic life. The history of law cannot be separate from its social, economic, geographic, and political context. Each of these factors influenced both the text of the laws, and their practical application. In the Gympie region and Nevada County, the law had the effect of, in various guises, safeguarding private property, promoting short term productivity, and enforcing public morality. This was often at the expense of individual autonomy, the physical environment and the rights of minority groups. This was not a result of the operation of one dominant force in the lawmaking process. Instead, government regulation, government inactivity, informal customs, and judicial lawmaking worked together to create a legal order on either side of the Pacific. The comparison reveals that the same pattern of tensions gave the legal regime in each region a substantially similar shape. At another level, this thesis demonstrates that two regions, although on different continents and separated by a 20 year time gap, were nevertheless linked across time and space. By comparing the regions, this thesis demonstrates the possibilities of a more international legal history. While there were certainly differences between each region, these differences should not obscure the substantial similarities, and the fact that an analysis of these similarities illuminates the shared influences between the regions. By conceiving of legal regimes as being shaped by shifting patterns tensions, defining the pattern of those tensions, and then connecting those patterns across national borders it is possible to write a more complex, interesting, and transnational version of legal history.

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Tshuma, Lawrence. „Law, state and the agrarian question in Zimbabwe“. Thesis, University of Warwick, 1995. http://wrap.warwick.ac.uk/71205/.

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The agrarian question is one of Zimbabwe's enduring colonial legacies. At independence the ensemble if issues comprising the agrarian question included an inequitable racial distribution of land, different tenure systems for blacks and white settlers, a discriminatory provision of agricultural support services, and repressive relations between the state and the peasantry. Peasant grievances over the agrarian question mobilised their support for the liberation struggle which culminated in independence in 1980. Contrary to the expectations of the majority of Zimbabweans, agrarian reforms introduced since independence have not transformed the colonial agrarian structure. The thesis investigates factors which account for the nature of agrarian reforms. Using a socio-historical analysis, it examines changes and continuities in agrarian policies and laws. In the main, the thesis argues that reform has been shaped by changes in power relations in society which are reflected in the exercise of state power. It shows that the manner in which independence was achieved and the character and ideologies of the social forces that inherited state power account for the changes and continuities in policies and laws. The thesis demonstrates that land reform was initially constrained by the constitutional provision which protected private property from compulsory acquisition. More important, it argues that reform has been determined by the failure to transform the inherited accumulation strategy, of which capitalist agriculture is an integral element. In addition, it demonstrates that the manner in which land has been redistributed reflects the continuation of colonial ideologies of modernisation. Furthermore, the thesis shows that communal tenure as constructed by the colonial state has been retained partly because of the ideology of nee-traditionalism and partly because it allows the state to intervene in peasant land use and production processes' as part of the process of modernisation. It also shows that the modernisation of peasant agriculture has been attempted through the extension of input, credit, price and marketing packages. Consequently, the thesis shows that the agrarian question is as relevant today as it was at independence, and that the limited and contradictory nature of the agrarian reforms reflects the limitations and contradictions inherent in the post-colonial democratisation process. Hence agrarian reform can only be adequately addressed as part of a comprehensive transformation of the accumulation process and societal democratisation.

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Lemma, Solomon Fikre. „The challenges of land law reform, smallholder agricultural productivity and poverty in Ethiopia“. Thesis, University of Warwick, 2015. http://wrap.warwick.ac.uk/71012/.

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Ethiopia has experimented with land law reforms linked to agriculture-led national development strategies that Emperor Haile Sellassie I, Derg, and EPRDF introduced since Emperor Menelik II enacted modern Ethiopia’s first reform intended for development in 1908. Nonetheless, the country’s smallholder productivity averaged 1.0 ton/hectare and its poverty ranked 174th in the UNDP Human Development Index in 2011. This thesis examines whether and how land law reform can be used to help raise smallholder productivity and tackle poverty in Ethiopia notwithstanding the challenges of legal pluralism. By drawing upon evidence from law and development research and experience and analysing it in the Ethiopian context, the thesis argues that reform can help raise smallholder productivity, but only by recognising legal pluralism and changing the land tenure system’s formal state or non-formal customary land policies, laws, and institutions which constrain the provision and implementation of productivity-raising smallholder land rights that enhance tenure security, facilitate the transfer of rights over land, and authorise the collateralisation of land rights; and tackle poverty by thereby increasing food supplies, raising incomes, and improving health, education, and other necessities for the country’s predominantly rural population. Specifically, the thesis explores the possibility of using reform to adopt a hybrid state-private-customary land policy that combines the advantages of state land ownership policy that the government enforces, private ownership that critics favour, and non-formal arrangements that society uses. It then highlights how within the framework of this hybrid policy reform may help issue land laws boosting the provision of land rights that enhance tenure security by specifying definition of state, private, and communal landholdings, certification of lifelong usufructuary landholding, stricter eviction and confiscation procedures, and clearer expropriation and compensation mechanisms; that facilitate transfer by easing lease, donation, and succession restrictions; and that authorise collateralisation conditionally. Finally, it demonstrates how reform may help establish land institutions that improve implementation by incorporating non-formal arrangements, establishing a federal executive institution, clarifying the mandates of regional institutions, and assigning the judiciary greater dispute resolution role.

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Kunbuor, Benjamin Bewa-Nyog. „Decentralisation and land administration in the Upper West Region of Ghana : a spatial exploration of law in development“. Thesis, University of Warwick, 2000. http://wrap.warwick.ac.uk/39305/.

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Decentralisation for local community development has become the new paradigm of development discourse in Ghana in the present times. There is currently an elaborate legal framework in Ghana on decentralisation as a means for addressing local community development. The role of law in development is therefore implicated in the discourse. This study raises provocative, startling and challenging questions not only on the decentralisation programme, but the appropriate theoretical framework for reading the role of law in development. The study argues that decentralisation in Ghana is a spatial strategy of the state for addressing the crisis of its political economy and not one necessarily for local community development. Taking its starting point in land administration in the Upper West Region of Ghana (predominantly agrarian communities), the study explores how the objectives of decentralisation in Ghana address the subjectivity of development needs of local communities in Ghana. The study's contention is that the legal regime of the decentralisation programme and its praxis fail to address a pertinent development concern (land) of the Upper West communities. The study argues that if local community development were the object of the programme, it would perforce address the problematic of land administration that is an important concern for predominantly subsistence farming communities. The study also demonstrates how a spatial reading of social phenomenon provides critical insights to an understanding of the role of law in development. The study is based on a field study conducted in Ghana and among the communities of the Upper West Region, through interviews with officials of institutions, traditional authorities and civil society organisations. The interviews were complemented by written primary and secondary sources. Primary sources include documents from the National Archives in Ghana and from decentralised institutions in the Upper West Region. Secondary sources include unpublished essays and theses, books, articles, reported cases in the Ghana Law Reports, unreported and/or pending cases in the Ghanaian courts.

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Ho, Ming-Yu. „Law, foreign direct investment and economic development in Taiwan“. Thesis, University of Warwick, 1997. http://wrap.warwick.ac.uk/36280/.

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This research looks at the legal regime governing foreign direct investment (FDI) in Taiwan, and at the interaction between the Government's economic policies, legal reform and FDI in the economic development of Taiwan. The research for this thesis is focused on the period of 1945 to the present; however, a study of the pre-1945 period is provided as a basis for analysing the post-1945 developments. There are three principal aims of this thesis. First, the thesis is designed to illustrate how the economic success of Taiwan challenges traditional views put forward in development theories and in law and development theories, in particular. Secondly, the thesis considers the role of law in the development process. By examining the evolution and operation of the FDI legal regime in Taiwan in its economic, social, political and historical context, this research suggests that the role of law is as a 'doorkeeper' for a country's development. If consistent with a public-interest-oriented economic policy, an appropriate and wellconsidered legal regime can help a country's development without risking its economic sovereignty. Finally, this thesis examines Taiwan's current FDI regime for its appropriateness. Using international law as a reference-point, a detailed analysis is made of Taiwan's current FDI laws. The thesis suggests that certain of these laws are out of date and that further legal reform is required. The thesis concludes by slightly modifying the developmental model for law and FDI which is put forward in Chapter 1, in order to emphasise the important role of government economic policy in Taiwan's development. It is submitted that the Government's choice of development strategy in each of Taiwan's different development phases has been crucial to Taiwan's success. The thesis also concludes that an appropriate legal regime remains important for a country's development regardless of its development status.

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Baraza, Masha. „State law and the (post)colony : a critical analysis through group conflicts in Turkana“. Thesis, University of Warwick, 2014. http://wrap.warwick.ac.uk/62108/.

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In documented incidents alone, between January 2006 and December 2009, 900 people were killed in 534 incidents of group conflict in Turkana. On the basis of this apparent lawlessness, the central research question queries whether the apparent inability of the state law and its institutions to manage group conflicts in Turkana districts denotes a crisis of application or a crisis of substance. Is the problem merely the extension of structures of state law such as courts, prosecutors, security agents, prisons and advocates to Turkana or does the crisis speak to a more fundamental challenge. The research argues the latter, that the relationship between state law and group conflicts in Turkana demands an interrogation of the conceptual and institutional dimensions of modern state law. The thesis interrogates how state law is incorporated; an apparatus of power through which certain regulative rationalities come to reframe the terrain upon which people in Turkana live and define their lives. In order to move state law in a radically improving direction, the research argues for a reorientation of rationalities and legality. The reorientation is advanced through two corresponding techniques that allude to the structural and perspectival elements of state law. Fashioned from amongst the unfinished representations of modernity and the initial task of conceiving a (post)colonial tension between regulation and emancipation, the first task involves building on those progressive aspects of state law that enhance its political legitimacy. The second requires the adoption of a transgressive mode of thinking described as 'knowledge-as-emancipation'. On the basis of these two prescriptions, state law can develop a more purposeful and emancipatory purpose within the conflict context of Turkana in particular, and Kenya in general.

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Vanni, Nneamaka. „Narratives and counter-narratives in pharmaceutical patent law making : experiences from 3 developing countries“. Thesis, University of Warwick, 2016. http://wrap.warwick.ac.uk/90970/.

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This empirical thesis explores the ways some Third World States use the patent regime as set out in the TRIPS Agreement to effect certain development and public health goals. It also investigates how non-state actors in these countries participate in patent law making, thereby creating narratives and counter-narratives that are challenging global norms on pharmaceutical patent protection. To do this, the thesis takes the three different examples of Brazil, India, and Nigeria and tells the story of patent law making within each of them. Adopting a Third World Approach to International Law as a macro-theoretical guide and nodal governance theory as a supplement, the thesis maps the broad interpretations and contestations of international patent law within the Third World. In doing this, the thesis pays particular attention to the everyday life of international patent law through the examination of practices that unfold through the different sites and objects in which international law operates today. In unpacking the patent law making in the aforementioned countries, the thesis posits that there is an emerging body of IP jurisprudence from the Third World that is expanding the aperture on norms governing pharmaceutical patent rules and medicines access discourse. In other words, the politics of international law making and implementation is shifting dramatically due to the confluence of different actors from various sectors in different forums in Brazil and India that are articulating counter-hegemonic pharmaceutical patent rules. The concomitant effect is not only the adoption of alternative pharmaceutical patent laws that are pro-human rights – especially pro-public health rights – in its articulation, but are also hermeneutic expressions of resistance against, and reform of, the international IP regime. In interrogating these narratives and counter-narratives that frame the global intellectual property regime in Third World forums, this thesis articulates successful counter-hegemonic discourses on patent law making and extrapolates lessons for Nigeria.

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Langkarpint, Khettai. „'Sustainable development' : law, the environment and water resources in modern Thailand“. Thesis, University of Warwick, 2000. http://wrap.warwick.ac.uk/50756/.

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The overall purpose of this thesis is to examine problems concerning implementation of the concept of sustainable development in the area of water resources using Thailand as a case study of a developing country. The aims and objectives of the thesis are to provide an analysis of water case studies focusing on fieldwork undertaken in different regions in Thailand, an analysis of the legal system; and strategies for environmental protection; considered in the context of rapid economic expansion. The thesis begins with an examination of the foundation and background of Thailand's legal system, its economic development and its environment. Particular emphasis is given in the thesis to water resources. Water is a specific medium to judge pollution standards as a whole. Pollution for land and air often eventually makes it way into water system. Water regulation and pollution control is an example of environmental regulation as a whole. This is followed by an analysis and evaluation of the legal framework of environmental law. The aim is to examine the evolution of the legal protection of the environment in Thailand as well as to analyse the existing contradictions between the country's legal order and its actual environmental problems. The dynamics of the country's political process are then considered. Finally, the question of how the concept of sustainable development might assist in the application of environmental protection to water resources in Thailand is examined, using disputes over water allocation and water pollution. The case studies are drawn from different regions in Thailand. In Thailand there has certainly been more environmental awareness in recent years, but the implementation of sustainable development strategies remains at an early stage, despite, the Rio conference in 1992 and Rio II in 1997 emphasising the conservation of natural resources. The concept of sustainable development is also incorporated in the new Enhancement and Conservation of National Environmental Quality Act 1992 (the 1992 Act), despite to a limited extent, some principles for sustainable development such as the precautionary principle, the PPP, EIA, right of access to environmental information and public participation. In Thailand primary legislation is in place but water resources regulations are required. Thailand is on a slow learning curve in its strategies for protecting the environment. In the thesis, case studies at a local level have been undertaken and through these case studies, it is clear that sustainable development concept is not fully integrated and accepted as a way to solve water problems at a local level. This indicates a failure of western concepts and their adaptation in developing countries such as Thailand. However, traditional approaches may be used to improve and promote sustainable development concepts together with Agenda 21, western approaches and experiences, which is called "The Mixed Approach". Thailand is in the advantageous position of being able to learn from the mistakes and environmental failures of the developed countries with respect to water resources policy. At the very least, it must acknowledge that environmental problems cannot be fundamentally solved without addressing them at the time of economic development. Still further, Thailand must not adopt the model of western environmental protection laws without first ensuring that the new reforms are suitable for the needs of the Thai economy and people.

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Madise, Sunduzwayo. „The case of regulation of mobile money in Malaŵi : law and practice“. Thesis, University of Warwick, 2017. http://wrap.warwick.ac.uk/96313/.

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The emergence of mobile money and other new forms of payment has changed the sovereign foundations of money. Starting as a DFID funded project in Kenya, mobile money has now spread to many countries including Malaŵi. This thesis looks at the regulatory issues that mobile money poses, and the risks that this alternative form of payment poses to the financial system. The thesis argues that the traditional regulatory architecture of supervising the financial services is ill-suited to supervise mobile money. There are essentially two models of mobile money: telco-led and bank-led. The first is an innovation by telecommunication operators and utilises the small messaging service. There is no requirement to own a bank account. The bank-led model is linked to a bank account. The regulatory approaches to these two models are different. Unlike the telco-led, the bank-led model is under prudential regulation. This has manifested itself in the way the services have developed. The telco-led model had thrived while the bank-led model has fizzled indicating that for mobile money, less regulation may be an enabler. Mobile money is now considered a key developmental tool to achieve financial inclusion among the poor, rural based, unbanked, and underbanked. As opposed to traditional additive forms of financial inclusion, mobile money, especially the telco-led, is transformative. It employs a different approach where the consumer does not have to have a bank account or even travel to a bank to access financial services. In Malaŵi, the financial regulatory framework largely embodies the command and control model. Mobile money, however has largely been regulated using light-touch, with regulation following innovation. This thesis proposes an approach based on the concept of really responsive regulation. This approach, is best suited to embrace mobile money as it passes through the different phases of its evolution.

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Conroy, Sean F. „Used paper for sale are pacific settlement agreements really worth anything? /“. Quantico, VA : Marine Corps Command and Staff College, 2008. http://handle.dtic.mil/100.2/ADA490787.

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Barya, John-Jean B. „Law, state and working class organisation in Uganda, 1962-1987“. Thesis, University of Warwick, 1990. http://wrap.warwick.ac.uk/35613/.

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This thesis describes and interprets the historical development of the legal regulation of the Ugandan trade union movement and assesses the relative importance of law in the determination of the character of trade union organisation in the post-colonial period 1962-1987. Chapter I defines the scope of the thesis and identifies the theoretical framework and analytical themes on which the thesis is based. Chapter II deals with the colonial foundations of the post-colonial legislation with which the thesis is mainly concerned. Chapters III, IV and V cover the period 1962-1987 whereby we analyse, first, the class and political character of the legal changes that take place between 1963-1976. Secondly, we examine the practical operation and impact of the law vis-a-vis the role of state policy and behaviour, the ideological outlook adopted by the trade unions, union constitutional structures and leadership struggles in the formation of the character of contemporary trade unionism in Uganda. The thesis treats law as a historical category and takes as its starting point the Marxist conceptualisations which view law variously as an instrument of the dominant class, as ideology or which attempt a materialist analysis. From these perspectives we examine the processes of class struggle through which the specific legislation came into being and more crucially the importance of the balance of class forces in the practical utilisation of legal rights or restrictions. We conclude in Chapter VI that while the economic parameters in which trade unions exist and operate are important determinants of union character, within those parameters the character of the state has proved to be most crucial. But at the level of the unions themselves, the ideology they adopt, their constitutional structures and leadership struggles, together, have created the contemporary undemocratic, economistic-apolitical and technocratic aspects of trade unionism in Uganda. However law has been important for the unions to the extent that it has been mainly a source of legitimation for their autonomous existence, most of the time, in their chequered history. The analysis of the historical and class origins and nature of the law regulating trade union organisation and the assessment we make of the role of law vis-a-vis the role played by other factors in determining the character of trade union organisation in Uganda is, in our view, an original contribution to the knowledge of industrial relations law in Uganda. The construction and interpretation of the historical phases through which both trade union law and trade union organisation have passed is likewise an original contribution to the knowledge of trade unionism in Uganda.

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Kao, Yuk-chun. „Democratisation and law of Taiwan : with special reference to United States economic pressures“. Thesis, University of Warwick, 1995. http://wrap.warwick.ac.uk/3993/.

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This thesis discusses the impact of the United States' foreign economic policy on the legal and political systems of Taiwan. Its focus is the bilateral negotiations between Taiwan and the United States and the evolution of the legal and political systems on Taiwan. The widely acknowledged economic miracle of Taiwan has been combined, in recent years, with a deliberate attempt to transform the country's political structures in a democratic direction. Paradoxically, Taiwan's move towards democracy has seriously strained Taiwan / United States relations. For many years, the special relations between the two countries were characterised by Taiwan's almost total dependency on the United States both as a market for its products as well as a protector of its territorial integrity. The end of the Cold War, the new role of the People's Republic of China and the globalisation of the international economy have brought this special relation to an end. The changing nature of the relationship between the United States and Taiwan has not, however, brought an end the traditional behaviour of the United States towards Taiwan which was characterised by aggressive unilateralism. This thesis argues that in the changing context of the 1990s as the negotiating agenda between the two countries expand, the aggressive unilateralism of the United States is undermining the process of democratisation and eroding the rule of law on Taiwan. In order to comply with American pressure, the government of Taiwan is forced to resort to authoritarian measures based on the old corporatist framework that the transition to democracy is meant to supersede. Interestingly, the implications of the undemocratic consequences of these pressure do not seem to concern the United States, as short term economic advantage takes precedence over other considerations. For Taiwan, the way out of this vicious circle of external pressure - undemocratic response - external pressure is to diversify its international economic links. The problems and implications of this policy options are discussed in the thesis. The specific policy areas analysed in this thesis are commodity trade, trade in services and intellectual property protection.

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Adeeko, Olukayode Adesope. „The law and policy of financial regulation and deregulation of Nigerian banking system“. Thesis, University of Warwick, 1998. http://wrap.warwick.ac.uk/4258/.

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This thesis is a study of banking regulation in Nigeria. It has three main objectives: to explain the evolution and impact of banking regulation after independence to discuss the reasons for the persistent failure of financial regulation; and to highlight the role of external agencies in Nigeria's financial system. The thesis offers a historical perspective on the developments in Nigerian banking regulation, but focuses mainly on the period after independence. It examines the economic and political theories that have influenced financial regulatory trends in Nigeria. It considers these theories in their political and legal context. The thesis does not embrace any theory in particular. Instead, its approach is pragmatic and comparative focusing on the interaction between legal, political and institutional factors that have influenced financial regulation in Nigeria. The study shows that the pre-liberalisation regulatory norms were repressive and inefficient. It argues that banking deregulation was introduced as an economic revolution devoid of necessary corresponding political and legal changes. The core destabilising factors are identified as inadequate regulatory powers, political corruption, political instability, legal instability, policy distortions, and incongruous laws. The complicity of the IMF and World Bank in this process is also discussed. Financial deregulation was prompted by predatory politics characteristic of the Nigerian state; yet, deregulation has aggravated the country's political instability and exacerbated prebendalism. The thesis discusses policy options to break this vicious circle.

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Beele, Ernest Muketoi. „The state, law and workers' participation policies in Zambia, 1969-1989 : a study of the origins and development of law and participation policy in a developing country“. Thesis, University of Warwick, 1991. http://wrap.warwick.ac.uk/4119/.

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This thesis is a study of the origins and development of law and workers' participation policies in Zambia from their inception in 1969 to 1989. The research was focussed at three levels of investigation: why was workers' participation introduced; what factors have determined its development; and whether the results suggest that state involvement, and the use of law in particular, has made a useful contribution to these industrial relations policies. The value of the work is threefold. First, it makes a modest but significant contribution to the understanding of law and industrial relations in post-independence Zambia. Second, it disputes and, in large measure, seeks to contradict earlier explanations thought to have determined the origins and development of participation policies in the country. Third, it provides original insights into the 1971 and 1988 workers' participation legislation. The methods of investigation have been largely historical and comparative. It analysed primary and secondary materials, supplemented by discussion interviews. Theoretical guidance was drawn from critical studies of corporations, labour law and industrial relations. The study reveals that the origins of workers' participation in Zambia is connected to the political objective in the 1960s of assuring the participation of Zambians in the ownership and management of the economy. Consequently, it argues that the development of these policies is best understood in the context of this origin as well as of the structures and institutions upon which they were erected in the 1970s. Turning to the assessment, it found that very little industrial relations effects have been demonstrated. This was partly a result of three interlocking factors. First, weak and inconsistent laws. Second, the failure to develop the widest possible consensus on participation policies. Third, the absence of economic and political conditions under which the confidence of managers and workers could be won towards state policies.

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Sahakian, Frederick. „Perceptions of Problems, Policies, and Politics of a Controversial Pacific State Mosque“. ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/6107.

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Despite the existence of land use and environmental protection policies designed to provide guidance on land development, some projects can still be contentious. As the number of Muslims and mosques in the United States are increasing, little is known about the problematic conditions that Muslims may experience when attempting to site a new mosque, community center, or cemetery. The purpose of this study was to develop a deeper understanding about the experiences and perceptions of those involved in the failed siting of a controversial mosque, community center, and cemetery project in a U.S. West Coast state. The multiple streams framework was used to examine the problem, politics, and policy streams that occurred throughout the case. The research question addressed the key elements that led to community protests and the ensuing state lawsuit. A qualitative case study design was used to analyze literature, news reports, government reports, and the loosely-structured interviews of 15 purposefully-selected community stakeholders. The interview data were coded and categorized for thematic analysis. Results indicated that navigating the politics stream was especially difficult for the mosque applicants because they did not anticipate much resistance and were unaware of community members' concerns about water table contamination. Implications for positive social change include providing policy makers with insight into conflict that may arise in the siting of a mosque, community center, or cemetery and potentially reducing conflict between Muslims and non-Muslims.

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Hulstrom-Garces, Erika. „Crisis public relations : how law enforcement agencies responded to the sniper attacks of 2002 : a thesis“. Scholarly Commons, 2001. https://scholarlycommons.pacific.edu/uop_etds/584.

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Headlines of the sniper attacks were relentless for almost an entire month. During 22 days in October 2002, the snipers' killing spree injured three and killed ten people. The media converged on the story at a non-stop pace, and the public understandably was entitled to be alarmed. High-profile cases such as the sniper attacks draw a large amount of attention and, therefore, can become cases through which professionals and scholars alike can learn. The sniper incident is one such case that provides exceptional research possibilities. The style and unique dialogue used in news conferences grabbed the attention of the media, the public, and the criminal community. How did law enforcement use public relations to help in its case? What crisis plan did Montgomery County, Maryland, the lead investigating department, implement? The goal of this research was to examine the crisis management plan of law enforcement when tragic situations such as the sniper attacks occur, and further to investigate agenda-setting within law enforcement's media services departments. This research was conducted as a case study, using interviews with public information officers of law enforcement agencies and numerous media reports including newspapers, news magazines, and television news. Results from this case study revealed that communicating accurate information to both the media and the community in a crisis was a top priority. Additionally, it was shared that the public information officer's role is to be ready and on the scene of crises in order to disseminate precise information. In the sniper attack incident, law enforcement controlled the flow of information and, therefore, set the agenda for the media. Moreover, the Chief of Police, when he realized the enormity of the case, took on the role of spokesperson, because he did not want the PIO to bear the burden of responsibility.

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Salazar, Oliva Victoria María. „The southeast pacific countries, the United Nations convention on the law of the sea and the exclusive economic zone“. Tesis, Universidad de Chile, 2009. http://www.repositorio.uchile.cl/handle/2250/111150.

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Thesis submitted to the University of Heidelberg and University of Chile in fulfillment of requirements for the academic degree of Master in International Law, Trade, Investments and Arbitration.
On 23rd June, 1947 the Chilean President Gabriel González Videla declared the national sovereignty over the entire continental shelf adjacent to its coast and islands, the soil and subsoil and the superjacent waters to a distance of 200 nautical miles from baselines in order to reserve, protect, preserve and utilize natural resources, giving the starting point of the exclusive economic zone doctrine. Peru and Ecuador, later on, also made statements along the same lines, and, based on these national backgrounds, the three countries signed the Declaration of Santiago on Maritime Zone, on 18th August 1952, by which they proclaimed their sovereignty and exclusive jurisdiction over the sea that bathes the coasts to a minimum distance of 200 nautical miles from the related costs, including soil and subsoil that relate to it in order to prevent irrational exploitation of the natural resources located in it and so important for the development of their peoples. Together with this Declaration, several Agreements were signed and a Regional body was created -The Permanent Commission for the South East Pacific- starting a process of regional cooperation and integration, to which Colombia acceded on 1978, that developed the concept of this new maritime space and spread it around the world. The figure created by these countries was finally recognized in the United Nations Convention on the Law of the Sea adopted on 1982, whose figure of the exclusive economic zone was inspired in the principles and institutions created by the South East Pacific Countries. However, during the Third United Nations Convention on the Law of the Sea, Chile, Colombia, Ecuador and Peru did not share the same view as to the legal nature of the 200 miles zone.. Peru and Ecuador supported a territorial doctrine, which would give an exclusive sovereign position to coastal States over an area of 200 maritime miles, while Chile and Colombia maintained the idea that in this zone, State competences were sovereign but not for all purposes. Even when these different positions never affected the cooperation and friendly relations among these countries, the different approaches with respect to the legal nature of the zone were transferred to the domestic legislation of the States and, until today, can be found in the national legislation of these countries. To us, being the South East Pacific countries the proponents of the 200 miles doctrine, it seems important that they try to maintain harmony in the concept of this maritime zone. Until today, Chile is the only country who had ratified the Convention

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Seckinelgin, M. Hakan. „The Law of the Sea and the South Pacific : an ecological critique of the philosophical basis of international relations“. Thesis, London School of Economics and Political Science (University of London), 2000. http://etheses.lse.ac.uk/2285/.

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The second half of the twentieth century has witnessed the emergence of ecological issues as among the most important problems in the global political agenda. The aim of this thesis is to demonstrate that the challenge of ecology is larger than it initially appears to be. It argues that ecological problems represent a deeper problem in the way that the relation of human being to nature is conceptualised in International Relations. The structure of the thesis works through three layers. In the first layer, chapters 1 and 2, the problems in the oceans' ecosystem are presented, with particular emphasis on ocean management system in the south Pacific Cooperation. The impact of the United Nations Convention on the Law of The Sea III (UNCLOS III) in the region and on the ecosystem is analysed with particular emphasis on the species of Tuna. In this analysis the focus is the newly formed Exclusive Economic Zones and the concept of sovereignty. The second layer, chapter 3, begins with an overview of the importance of the concept of sovereignty for the discipline of International Relations. The analysis of the deployment of the concept in UNCLOS III constitutes the middle section. The last section presents the concept of sovereignty in terms of its operational aspect. It argues that sovereign decisions always decide about an exception on life. This move opens up the philosophical constitution of the concept by pointing to the deeper relationship between human beings and nature. The third layer, chapters 4 and 5, engages with the philosophical discussion of the human subject and nature. In chapter 4, the particular anthropocentric constitution of human being through Cartesian and Kantian philosophies is critically analysed. In chapter 5, a Heideggerian formulation of human subjectivity is presented as a new ground of thinking about nature. The conclusion, then, seeks to outline more precisely the implications of the thesis' argument with respect to International Relations.

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Shiferaw, Woubishet. „Effective decision making and its impact on social justice : the Federal and Amhara National Regional Courts of Ethiopia : law and practice“. Thesis, University of Warwick, 2017. http://wrap.warwick.ac.uk/95182/.

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This thesis examines the challenges that the Federal and Amhara National Regional State (ANRS)1 Courts of Ethiopia face in the realisation of legal and social justice. The Ethiopia Constitution (1995) under Article 43 declares that Ethiopian people have the right to improved living standards and sustainable development where the basic aim of development activity is to enhance, through their full participation, citizens’ capacity for development and the meeting of their basic needs. The Constitution underlined this as the ‘North Star’ of social justice which would be meaningless unless dispute resolution mechanisms empower litigants and the people in gaining social justice and thus the attainment of the Constitutional objective. The attainment of the social justice is however problematic as the legal justice the formal court is administering does not meet the people’s Constitutional expectations. The mismatch between legal and social justice, coupled with the legal history and the prevalence of justice pluralism, tends to force the People of Ethiopia to use non-formal systems of dispute resolution. Thus, there is a need to refine the formal and non-formal systems and to align them with the Constitutional imperative of social justice. Judicial reform is being implemented, with the help of international institutions like the World Bank, but the underlining concern is whether the World Bank proposals on judicial and legal reform will meet these needs or whether they are too located in Western values, the suggestion being that they may suffer from the same problems as other modernisation projects. There also lies a tension between the Constitutional expectation, the conceptualisation of justice by professionals and clients, and the overall purpose of securing justice and preventing injustice. Litigants’ preference for justice is itself in conflict with other litigants and the diverse institutional understanding of justice that made the attainment of social justice a difficult exercise. The area is found to be so problematic that there is a need to re-connect the practical conceptualisation of justice with the Constitutional conceptualisation of social justice which the Federal and ANRS courts require the redoing of justice so that the conceptualisation of justice would not cause irreversible damage to people’s societal, economic, and ecological demands and to the sustainability of justice and development.

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Urquhart, Ian Thomas. „Interdependence, state competition, and national policy : regulating the British Columbia and Washington Pacific salmon fisheries, 1957-1984“. Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/27555.

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This study explores the politics of regulating the British Columbia and Washington commercial salmon fisheries between 1937 and 1984. The principal focus of this comparative-historical study is upon one particularly striking exception to the tendency of regulators to tighten commercial salmon fishing restrictions over time - the persistence of liberal offshore trolling regulations. The dissertation argues that the anomalous treatment of the offshore troll fishery during this period may be ascribed to the competition between states for the right to harvest salmon - a common property resource. In making this claim, the study questions the adequacy of the interest-group driven explanations of policy which figure prominently in the literature on regulation. Two pillars of interest group theory, the tendencies to explain national policy only through reference to domestic politics and to reduce state behaviour to little more than the product of the demands of private sector interests, are challenged in this comparative case study. The challenge to the first tendency of interest group theory is sustained by examining the relations between national regulatory preferences and the foreign fishery policy goals of Canada and the United States. The pursuit of two goals - Asian exclusion and North American equity - in bilateral and multilateral negotiations demanded the adoption of particular regulatory profiles. Liberal offshore troll regulations may be explained according to the legitimacy and bargaining advantages they lent to Canadian and American efforts to incorporate these two goals into modifications to the traditional fishery regime. The study also suggests that, in a setting characterized by intergovernmental competition, regulatory policies may not always be equated with the preferences of interested private parties. In this setting the state's ability or willingness to respond to even the most influential private sector interests may be limited by the state's evaluation of its bargaining resources and requirements. State competition created a context where government attitudes towards offshore salmon fishing could be understood in terms of state preferences, preferences derived from officials' perceptions of the legitimacy of various national regulatory policies in the context of valued international institutions. While state competition is the centrepiece of the explanation of national fishery policy developed in this study its explanatory power is mediated by two intervening institutional variables - the capacities of states to formulate and implement policies and the structure of the international regime itself. The level of knowledge regarding the salmon resource played an instrumental role in the formulation of regime goals and of pertinent national policies. The extent to which state management in offshore waters was fragmented between different bureaus affected the ability of officials to adopt national policies which suited their international purposes. The redistribution of the American state's fishery management capacity in the 1970s was a catalyst for the severe restrictions visited upon Washington trailers at that time. A second institutional factor, the structure of the international fishery regime, also mediated the competition between states. The series of reciprocal fishing privileges agreements between Canada and the United States was particularly important in maintaining established offshore regulatory preferences during the 1970s when the clash between American and Canadian salmon fishery perspectives was intensifying.
Arts, Faculty of
Political Science, Department of
Graduate

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Ahmed, Naveed. „The impact of structural reform strategies of international financial institutions on the rule of law, good governance and development in Pakistan“. Thesis, University of Warwick, 2012. http://wrap.warwick.ac.uk/80264/.

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This thesis examines the impact of structural reform strategies of International Financial Institutions (IFIs) on the rule of law, good governance and development in Pakistan. In doing so, it explores the extent to which the ethos and instruments of rule of law and good governance could be helpful in mitigating problems of social justice as experienced by Pakistan. One important outlet through which this is explored is the internal factors that have aggravated conditions of poverty and social injustice. The interface of these social variables is made possible by the scale of Pakistan’s social challenges which has culminated in the involvement of IFIs in the country’s internal struggles. But like other countries, the IFIs involvement in Pakistan’s domestic affairs has aggravated social injustice rather than alleviating it. The principal argument of this thesis is that absence of social justice in Pakistan could be attributed to the interaction between IFI policies, weak structures of governance and the rule of law. While IFIs policies have recently attempted to emphasise human rights, good governance and the rule of law, these have been ineffective partly because of IFI submissiveness to strategic interests of the United States and Western powers. The theoretical and analytic framework of the thesis is mediated through Amartya Sen’s capability approach. Capability means: What people can positively achieve is influenced by economic opportunities, political liberties, social powers, and the enabling conditions of good health, basic education, and the encouragement and cultivation of initiatives. The institutional arrangements for these opportunities are also influenced by the exercise of people’s freedoms, through the liberty to participate in social choice and in the making of public decisions that impel the progress of these opportunities (Sen, 1999:5). The theoretical framework is used as the frame upon which to engage the impact of Structural Reform Strategies of IFIs on the rule of law, good governance and development in Pakistan as the case study.

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Salinas, Ferreira Adi D. „Immigrant Labor in Fish Processing in the Pacific Northwest and British Columbia and Current Undocumented Labor“. Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/pomona_theses/130.

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The beginning of industrialized fish processing plants reveals themes of labor exploitation, racial and gender segregation, and antagonistic legislation that have continued well into the present. Today in the Pacific North West, the majority of workers are Latino and many among them are undocumented or DACAmented. Many aspects of the work conditions in salmon canneries back in the late 1800’s to the mid 1900’s and the work conditions in present day fish processing plants have not changed. Many jobs in a fish processing plant remain gendered, and when there is more than one race working in a single plant racial tensions as well as differences in the owners expectations of labor output by race may arise. The study interviews undocumented workers and documents their experience working in fish processing plants as well as provides historical context.

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Lander, Jennifer. „The law and politics of foreign direct investment, democracy and extractive development in Mongolia : a case study of new constitutionalism on the 'final frontier'“. Thesis, University of Warwick, 2017. http://wrap.warwick.ac.uk/98052/.

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This thesis provides a critical account of state transformation on one of the last ‘frontiers’ of mineral exploration and extraction. Mongolia’s struggle to consolidate its extractive development strategy lies in a fundamental tension between the nature of global capital investment and the responsiveness of national democratic institutions to their political electorate. In this sense, Mongolia is part of a broader pattern of state formation in a global era. This pattern has been recognised in established Western democracies, but, as this thesis argues, vulnerable states in the periphery of the global economy are also being affected with potentially more immediate and alarming consequences. In the context of a transition to a development strategy reliant on the extraction and export of raw minerals (primary commodities) since 1997, the Mongolian state has entered the world of competitive international finance (as opposed to development loans) and investment, in which courting and preserving the interest and ‘confidence’ of the investor is paramount for the government. In the early years of the millennium (2003-2012), Mongolian citizens became increasingly engaged in democratic political processes and particularly vocal regarding the lack of perceived public benefit from mining investment and the damaging socio-environmental consequences of extraction in rural areas. Thus, I argue that a constitutional struggle played itself out between the contradictory impulses of the state towards investors and citizens as evidenced in the see-saw cycles of legal and policy reform between 1997 and 2013. Consequently, by the end of 2013, the general downturn in global commodity prices and the particular “vote of no confidence” in Mongolia’s investment environment from the majority of investors led to the consolidation of a cross-party ‘stability consensus’ within the state. The process of ‘stabilising’ the investment environment has occurred at the expense of the democratic constitution of the state, demonstrated in the curtailment of Parliamentary powers over policy-making processes, the limitation of self-government for sub-national administrations and the restriction of civil society organisations’ participation in political processes. As a post-socialist state adjusting to the constraints of the global economy and the cycles of commodity markets, Mongolia provides concrete evidence of the antagonistic relationship between national democracy and global economic integration, and the reality of the latter’s constitutional impacts.

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Carstensen, Nils Christian. „Das Verhältnis des Seerechtsübereinkommens der Vereinten Nationen von 1982 zu fischereirechtlichen Übereinkommen und deren Streitbeilegungsvorschriften /“. Frankfurt am Main [u.a.] : Lang, 2005. http://www.gbv.de/dms/sbb-berlin/476194350.pdf.

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Manarangi-Trott, Lara. „Fisheries data requirements under international law achieving long-term conservation and sustainable use of tuna fisheries in the western central Pacific Ocean /“. Access electronically, 2008. http://ro.uow.edu.au/theses/118.

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35

Murray, Kirsteen Jean. „Missionary Kingdoms of the South Pacific? : the involvement of missionaries from the London Missionary Society in law making at Tahiti, 1795-1847“. Thesis, University of Edinburgh, 2002. http://hdl.handle.net/1842/30555.

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This thesis examines the involvement of members of the London Missionary Society in drafting law codes in Tahiti. It seeks to establish the missionaries’ reasons for participating in the process and the explanations they gave of their actions. The thesis also considers the way in which the LMS presented these events to the public. The role played by the Tahitian Mission in drafting the law code in 1819 assisted Pomare II in increasing his authority beyond traditional limitations. Pomare II, through the advice of the mission, appropriated Western institutions which strengthened his claim to be king. The missionary fostering of a Tahitian monarchy had its roots in earlier European descriptions of Polynesian “monarchs” upon which cross-cultural relations had already been established. The early missionaries developed a special relationship with Pomare II, their patron and protector, which eventually led to his adoption of Christianity in 1812. The Tahitian mission did not dominate Pomare but it did have a significant influence in the creation and presentation of Tahiti as a Christian Kingdom. The willingness of the missionaries to help Pomare II transform himself into a Christian monarch can be traced to factors in the origins of the LMS. The genuinely ecumenical character of the LMS in its early years resulted in the presence of missionaries and directors whose acceptance of close relations between Church and State was not typical of the Congregationalists who later dominated the Society. The influence of the Anglican Rev Thomas Haweis, architect of the South Sea Mission, was particularly important in the years before 1819.

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Tupou, Seini Manumatavai. „An analysis of the regional response of the Pacific Island States to the developing requirements of the fisheries compliance regime under international law“. Thesis, University of Nottingham, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.410426.

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Hussein, El Siddig Abdel Bagi. „The regulation of labour and the state in the Sudan : a study of the relationship between the stage of social and economic development and the autonomy of labour relations law“. Thesis, University of Warwick, 1986. http://wrap.warwick.ac.uk/37069/.

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The thesis is a study of labour regulation and the State in the Sudan in the light of a general theoretical conception of labour law and the State. The first Chapter defines the concepts of analysis that are used throughout the study, isolates the "essential" properties of the Capitalist State and Law from the historically concrete forms which they assume in a particular society and distinguishes between processes which influence development of the form of law and others which influence its sociological development. Drawing on the analysis in Chapter I, Chapter II exposes the inter-relationship between the Sudanese social formation, State and Law and the implication of this inter-relationship for both the form and substance of labour relations law. Chapters III, IV and V are specific verifications of the hypothesis regarding the inter-relationship between the State and labour relations law in the Sudan and that regarding the development of the "substance" and "ideology" of law in general. The thesis considers law as an empirically-founded discipline. But, it distinguishes between various types of empirical facts about law corresponding with respective semi-autonomous social levels at which law asserts its existence. The research method followed describes the empirical facts about law at the particular level and, in order to determine the epistemological significance of these facts, analytically relates them to empirical facts at other levels. Wherever used in the thesis the term "theory" signifies either this methodological procedure of analysing the inter-connection of empirical facts at a certain level and their inter-relation with other facts at other levels, or the substantive generalizations about law which findings at these various levels would allow. I consider my application of this methodology to the study of labour rela tions law, the historical dimension this application introduces in socio-economic analysis of this law, the criticism of certain Marxist and other sociological conceptions of law it enables, and the socio-histor ical relativity of the "substance" and "ideology" of law it reveals as original contributions to the knowledge of labour law. The compilation and evaluation within the framework of the thesis of empirical materials on industrial relations in the Sudan are likewise original contribution to the knowledge of Sudanese "labour law" and labour law in general.

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Doucet, Marc G. „Asia-Pacific Economic Cooperation (APEC) and the parallel 'people's summits': Theorizing the political and democracy in international theory“. Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ57036.pdf.

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Puthuran, Anna V. „The constructed identities of women in unconventional relationships and the domestic violence law in India : towards a more feminist legal framework“. Thesis, University of Warwick, 2012. http://wrap.warwick.ac.uk/50408/.

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The Indian legal system has been dealing with the problem of domestic violence in the recent years especially since the advent of the new legislation the Protection of Women from Domestic Violence Act, which was brought into effect from the 26th of August, 2006. The original contribution that this thesis makes to knowledge is that it identifies a potential category of users of this law- Women in Unconventional Relationships (WUR), and tests the support systems and the ease of access available to this category of women within two different domestic violence frameworks in India. This thesis locates the constructions of transgressive WUR identities in history, society and theoretical discourse and investigates whether these constructions adversely affect their legal subjectivity under the domestic violence law in India. It locates WUR within the domestic violence framework in Delhi, named the Victim Model for the purposes of this research, and within the Survivor Model in Mumbai. It privileges the voices of ten WUR who articulate their experiences of survival, domestic violence and the law. The research uses a combination of inter-subjective reflexive research and a feminist analysis of the domestic violence framework. The constructions of identities and the levels of transgression that take place and its effects on survivor/victim legal agency are investigated. The thesis identifies the best domestic violence framework suited for WUR which encourages their rights-bearing capacity as full-fledged citizens of the Indian state.

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Zeller-Powell, Christine Elizabeth. „Defining Biomass as a Source of Renewable Energy: The Life-Cycle Carbon Emissions of Biomass Energy and a Survey and Analysis of Biomass Definitions in States' Renewable Portfolio Standards, Federal Law, and Proposed Legislation“. Thesis, University of Oregon, 2011. http://hdl.handle.net/1794/11483.

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xii, 97 p.
Electricity generated from woody biomass material is generally considered renewable energy and has been considered carbon neutral. However, recent criticism from scientists argues that the greenhouse gas (GHG) emission profile of bioenergy is nuanced and the carbon neutral label is inappropriate. An initial carbon debt is created when a forest is harvested and combusted for bioenergy. Because forests re-grow over a period of years, life cycle analyses show that bioenergy generated from whole trees from forests may not reduce GHG emissions in the short term, as required to combat climate change. State renewable portfolio standards and federal laws and proposed legislation designed to incentivize renewable energy typically define eligible forms of biomass that qualify for these incentives. Most of these definitions are very broad and do not account for GHG emissions from bioenergy. Federal and state laws should incorporate life cycle analyses into definitions of eligible biomass so that these laws incentivize biomass electricity that reduces GHG emissions in the next several decades.
Committee in charge: Roberta Mann, Chairperson; Scott Bridgham, Member

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Norhashimah, Bt Mohammad Yasin. „Islamisation or Malaynisation? : a study on the role of Islamic law in the economic development of Malaysia : 1969-1993“. Thesis, University of Warwick, 1994. http://wrap.warwick.ac.uk/36106/.

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The thesis examines the role of Islam and Shariah (Islamic law) in the economic development of Malaysia and it rejects the assumption that Islam and Shariah inhibit economic development. In contemporary Malaysia, there are two 'policies' adopted by the Government. Firstly, 'Islamisation' which is for the advancement of Islamic law and institution building. Secondly, 'Malaynisation' which promotes the socio-economic development of the Malay ethnic group. The study adopts a holistic approach which covers the political economy of law in Malaysia. The thesis explores the relationship between the two policies considering in particular whether they are essentially the same. The study covers the pre-colonial, colonial and post-colonial periods although the focus is on the post-1969 period which involved the application of the New Economic Policy (NEP). The NEP was a pro-Malay Policy to rectif,' the economic imbalance of the Malays vis-à-vis other communities. Therefore, the focus of this thesis is on the Malay- Muslim population of Peninsular Malaysia who form the bulk of the Bumiputera (indigenous people). Two Bum iputera and Islamic organisations, Bank Islam (BIIMB) and Tabung Haji (TH) as well as the Bumiputera unit trust scheme, Amanah Saham Nasional (ASN) are used as the case studies. Their establishment, structure and organisation are examined. There is a specific focus on the extent to which they are examples of Islamisation or Malaynisation. It is clear that in contemporary Malaysia, Islam and Shariah are being used by the Government to promote economic development. Islamic values have been used to further Malay economic participation in the commercial sector. As a consequence, the economic position of many Malay-Muslims has greatly improved. However, the Government position is questioned by the Islamic opposition who say that the Islamisation policy in many respects is either contrary to Islam or merely cosmetic, and want a 'pure' Islamic approach. The thesis therefore involves a critical examination of the perspectives of both the Government and the Islamic opposition.

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Ryan, Daniel Patrick. „Essential principles of contract and sales law in the Northern Pacific Federated States of Micronesia, the Republics of Palau and the Marshall Islands, and United States Territories and political entities /“. abstract and full text PDF (UNR users only), 2009. http://0-gateway.proquest.com.innopac.library.unr.edu/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3387821.

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Juma, Nyabinda Richard. „An Inquiry into the Compatibility of the Demo-Conditionality with State Sovereignty in International law : With Special Focus on The European Union and the African, the Caribbean and the Pacific Countries Relations“. Doctoral thesis, Uppsala universitet, Juridiska institutionen, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-136109.

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This study examines the issue of compatibility of demo-conditionality with state sovereignty in international law. From a practical perspective, it examines the state of the science with respect to the enforcement of demo-conditionality, in the context of the unique relationship between the European Union and the African, Caribbean and Pacific countries. The practicality of any argument declaring certain norms to be compatible with state sovereignty rests on an assumption that it is possible to distinguish which norms are compatible from those which are not. The validity of such an assumption depends on whether a universal workable test with which to draw this distinction, and its accompanying requirements, has been or can be developed. Therefore, the starting point of this study is to investigate whether such a universal test exists, and if so, what its requirements are. The author reaches a legally appropriate conclusion as to which norms are compatible with the principle of state sovereignty and which not in the international legal system. Thereafter, an investigation is undertaken with regard to the legal premises invoked to justify the compatibility of the demo-conditionality with state sovereignty. To this end, two levels of analysis (also referred to here as two paths) are followed. The first level of investigation concerns the proposition for demo-conditionality’s being premised upon adherence to new treaty obligations governing the parties’ observance of democratic norms. In this context, the examination focuses on Article 25 of the International Covenant on Civil and Political Rights, 1966 as the relevant provision. Other single-issue human rights instruments are also examined to establish whether they compliment Article 25. The second level of investigation explores the possibility for demo-conditionality's compatibility being premised upon obligations of State parties, which arise from the various development co-operation instruments adopted over the years. Here, emphasis is placed upon the question of whether or not these instruments advocate the inclusion of demo-conditionality in development co-operation between donors and recipients of aid. This study ultimately reaches a legally appropriate conclusion, at both levels of analysis, concerning demo-conditionality's compatibility with the principle of state sovereignty. At this juncture, a recommendation is made as to which of the two paths is the legally safer one for the pursuit of the demo-conditionality in development co-operation. On the question of what constitutes a more successful international approach to the establishment of democratic governments in the South, this study has undertaken a comparative analysis, making suggestions with respect to two models: the "Enforcement Model", based upon coercive enforcement measures, and the "Managerial Model", based upon an approach of co-operative dialogue. Finally, the study examines the state of the science with respect to enforcement of demo-conditionality, with a focus on the special relationships between the European Union and the African, Caribbean and Pacific countries. This is designed to provide a degree of insight into the practical aspects associated with the enforcement of demo-conditionality.

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Strong, Rebecca. „The War on Plastics and Other Environmental Damages: An Analysis of Innovative Environmental Policies“. Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2152.

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This thesis examines the environmental damages done by humans, such as plastic pollution, harmful energy production, and habitat destruction, and the things we are doing to correct them. It analyzes the costs and benefits government policies such as the ban of plastic products, along with creative innovations such as a sea vacuum and a cannon that shoots fish. Are we doing enough to heal the damage we have caused? Furthermore, can we change our behaviors to prevent more damage in the future?

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Tupler, Marion. „Le Pacte mondial : pertinence normative et applicabilité effective“. Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB186.

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Face à l'intensification des flux et échanges liés à la mondialisation, et un besoin croissant d'un développement durable encadré, les Nations Unies ont mis au point il y a quinze ans une initiative collective : le Pacte mondial. Cette Déclaration en quatre volets regroupant les enjeux environnementaux, le respect des droits de l'Homme, les normes internationales de travail et la lutte contre la corruption, est alors analysée pour en mesurer l'efficacité et l'impact sur le développement. Il s'agit d'en comprendre les mécanismes et d'identifier les outils déployés dans l'application de cette norme de soft law appartenant au corpus législatif international
The United Nations are confronted by the intensification of the streams and exchanges linked with the globalization, as the same time as a fundamental necessity of sustainable development. That is why they developed, fifteen years ago, an international initiative: the UN Global Compact. The Declaration contains four sections on environmental protection, Human rights, International Labour standards and anti-corruption norms. This research analyses the efficacy and the impact of the Declaration on the development, in order to understand mechanisms and to identify the deployed tools in the application of this soft law norm, as member of international legal corpus

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Havard, Léa. „L'Etat associé : recherches sur une nouvelle forme de l'Etat dans le Pacifique Sud“. Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0179/document.

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Apparu au milieu des années 1960 dans le Pacifique Sud, l’Etat associé est une forme de l’Etat singulière. A l’origine conçu par les Nations Unies comme une voie de décolonisation intermédiaire entre l’indépendance et l’intégration à un autre Etat, l’Etat associé est devenu une forme d’organisation politique pérenne choisie par cinq territoires de sorte à affirmer leur identité propre tout en partageant des liens privilégiés avec un autre Etat, l’Etat partenaire. Consubstantiel à l’Etat associé, ce rapport d’association n’est pas sans soulever des paradoxes au regard des canons de la forme dominante de l’Etat qu’est l’Etat-nation. L’étude de l’Etat associé permet alors de mettre en perspective les catégories classiques de la théorie générale de l'État. De fait, si l’Etat associé est un Etat à part entière, il est surtout une forme de l’Etat à part dans la mesure où il est construit pour un peuple complexe, caractérisé par une souveraineté déléguée et institutionnalisé par une constitution associative. Penser l’Etat associé est donc une voie pour ouvrir de nouvelles perspectives afin de réfléchir aux évolutions de l’Etat dans un monde globalisé marqué par des interdépendances croissantes
Used for the first time during the sixties in the South Pacific, the notion of Associated State is a singular form of State. Originally conceived by the United Nations as a path between the independence from another State on the one hand and the integration into this State on the other hand, the Associated State became a sustainable form to organize the political power. This form of political organisation has been chosen by five territories to assert their own identity but also, to establish a particular link with another State, the Partner State. Induced by the notion of Associated State, the relationship between the Associated State and the Partner State questions our classical representation of the State: the Nation-State. Because the Associated State is a fully form of State but a singular one, a research, centred on this singular form of State, is the occasion to put into perspective the categories classically used in a General theory of the State. Indeed, it has been built for complex societies where the sovereignty is a delegated one and where it is institutionalized by an associative constitution. Hence, thinking the Associated State is a way to open new fields of thought and discussion to think the evolution of the State in a globalized world heavily influenced by increasing interactions

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Vice, President Research Office of the. „Culture Clash“. Office of the Vice President Research, 2008. http://hdl.handle.net/2429/2769.

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Acland, A. Sarah. „Magma genesis in the northern Lau Basin, S.W. Pacific“. Thesis, Durham University, 1996. http://etheses.dur.ac.uk/784/.

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The northern Lau Basin contains the northeastern-most part of the Tonga arc-basin system. Volcanic rocks associated with the recent-arc have been sampled from Tafahi and Niuatoputapu, and young basalts «1.5Ma) have been dredged from Northern Lau Spreading Centre (NLSC), the northeastern limb of the King's Triple Junction. The 1982 'Kallisto' cruise dredged two ophiolite sections, one containing boninitic, and the other tholeiitic, lavas, from the inner wall of the northern Tonga trench. The magma genesis of these lava suites is related to the structural and geochemical controls imposed during the tectonic evolution of the region. The geochemical controls result from processes related to the mantle dynamics in the northern Lau Basin, and to along-trench variations and the degree of influence of the subduction component. The lavas associated with the Central Lau Spreading Centre are derived from the Lau Basin mantle reservoir, which has Indian MORB mantle (!MM) isotopic characteristics. This reservoir has been present under the region since early-arc magmatism, as indicated by the trace elements and !MM isotopic signatures of the tholeiitic lavas from the eastern ophiolite section, and Eocene lavas from 'Eua. A reservoir with the geochemical characteristics of residual Samoan plume mantle underlies the northern Lau Basin. This mantle has been influxing through the rip in the Pacific plate, at the northern termination of the Tonga trench, since the Lau Basin began to open « 6Ma), as a result of processes relating to subduction roll-back. The north Tongan boninites, the lavas from Tafahi and Niuatoputapu have residual plume mantle sources. However, prior to the opening of the Lau Basin, the proto-Tonga trench formed a barrier to this influx, and therefore, the influence of the plume cannot be detected in lavas associated with the early-arc, such as the tholeiites from one of the ophiolite sections and the Eocene lavas from 'Bua. The variations in the trace element and Pb isotopic compositions of the lavas from the Northern Lau Spreading Centre indicate that mixing has occurred between Lau Basin and residual plume mantle end-members in the central northern Lau Basin. The residual plume mantle sources of the north Tongan boninites and the lavas from Tafahi, Niuatoputapu and the Tofua arc have been enriched by a subduction component, the characteristics of which are enrichment in Lll..E, Ph ± LREE. In the south, the subduction component is made up of fluids derived from subducted Pacific altered oceanic crust and pelagic sediments. However, in the north, it is comprised predominantly of fluids derived from Pacific volcanogenic sediments, with a contribution from altered oceanic crust and possibly subducted plume crust.

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Aqorau, Transform. „Tuna management and UNCLOS : implementation of UNCLOS through the Forum Fisheries Agency“. Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28823.

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Regional organisations have often played a catalytical role in developing regional ocean regimes that directly pertain to the peculiar needs and circumstances of a given region. As a response to the challenges imposed by the United Nations Convention on the Law of the Sea, the island States of the South Pacific region established the South Pacific Forum Fisheries Agency, with the specific mandate to assist them manage the enormous tuna resource of the region. The thesis seeks to ascertain the extent to which those needs have been satisfied. The thesis begins with the hypothesis that the Forum Fisheries Agency has in fact fulfilled those needs. The analysis is based on inferences which are drawn from the functions and responsibilities of the Forum Fisheries Agency, and certain significant legal developments it has helped spawn. The thesis does not engage in a cost/benefit evaluation of the Forum Fisheries Agency because that is an issue best left to the purview of individual member States to determine. Two conclusions are drawn from the analysis. First, the Forum Fisheries Agency has met the needs of the island States. Secondly, through the Forum Fisheries Agency, the island States are implementing the United Nations Convention on the Law of the Sea.
Law, Peter A. Allard School of
Graduate

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Ramírez, Orbe Josselyn Paola, Utia Kenny Gonzales und Madrid Davelouis Manuel Adriano La. „Los centros de desarrollo empresarial como herramienta para la internacionalización de las Mipyme dentro del marco de la alianza pacifico“. Bachelor's thesis, Universidad Peruana de Ciencias Aplicadas (UPC), 2017. http://hdl.handle.net/10757/622012.

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El presente trabajo consiste en una investigación documental sobre los Centros de Desarrollo Empresarial y su impacto de internacionalización en las MIPYME en el Perú bajo el marco de la Alianza del Pacifico, lo cual se realizó un análisis acerca de los modelos de CDE aplicados en diferentes países de Latinoamérica. De esta manera, la investigación documental incluye un marco teórico en el que se observa y definirán conceptos como el contexto de la Alianza del Pacifico, las herramientas de los Centros de Desarrollo Empresarial y el concepto de las estrategias de internacionalización. La metodología que se empleó para llevar a cabo la investigación fue la revisión y análisis bibliográfico de modelos de centros de desarrollo empresarial enfocado en la implementación e impacto en diferentes países de Latinoamérica. Así mismo, se realizó el análisis en dos entrevistas a expertos del tema en cuanto el potencial de las MIPYME y su desarrollo con la herramienta de los CDE. Los resultados del análisis dieron la importancia de desarrollar un modelo de CDE en el Perú con el objetivo de que las MYPES puedan ser sostenibles e internacionales. Además, dicho trabajo resalta el rol importante que tiene AP en cuanto el desarrollo de CDE y su integración entre los países de la alianza.
The present work consists of a documentary research about the Business Development Centers and their impact of internationalization in the small companies in Peru under the framework of the Pacific Alliance, which made an analysis about the models of SBDC applied in different Countries of Latin America. In this way, documentary research includes a theoretical framework in which concepts such as the context of the Pacific Alliance, the tools of the Business Development Centers and the concept of internationalization strategies are observed and defined. The methodology used to carry out the research was the review and bibliographic analysis of models of business development centers focused on the implementation and impact in different countries of Latin America. Likewise, the analysis was carried out in two interviews with experts on the subject regarding the potential of small companies and their development with the advice of SBDC. The results of the analysis gave the importance of developing a model of SBDC in Peru with the objective that small companies could be sustainable and international. In addition, this paper highlights AP's important role in the development of SBDC and their integration among alliance countries.

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