Dissertations / Theses on the topic 'Civil rights - general'
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Moores, Christopher. "From civil liberties to human rights? : British civil liberties activism, 1934-1989." Thesis, University of Birmingham, 2011. http://etheses.bham.ac.uk//id/eprint/1760/.
Full textMcGoldrick, Dominic. "The practice and procedure of the Human Rights Committee under the International Covenant on Civil and Political Rights." Thesis, University of Nottingham, 1988. http://eprints.nottingham.ac.uk/11742/.
Full textKohno, Takeshi. "Emergence of human rights activities in authoritarian Indonesia : the rise of civil society /." The Ohio State University, 2003. http://bibpurl.oclc.org/web/21105.
Full textMilli, Ece. "Assessing The Human Rights Regime Of The Council Of Europe In Terms Of Economic And Social Rights." Master's thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12615020/index.pdf.
Full textCoskun, Asu. "Enforcement Of Intellectual Property Rights In A General Framework And Evaluation Of Enforcement Measures In The Eu Context." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/2/12608078/index.pdf.
Full textthe difficulties faced by right holders, judiciary, public agencies, international and regional organizations in the implementation stages will be discussed by referring to the legal texts such as the TRIPS Agreement, the EU Enforcement Directive and Regulations. All dimensions of counterfeiting and piracy will constitute an important focus of this thesis. The thesis will seek to clarify uncertainties arising from the jurisdictional conflicts for the determination of the applicable law and competent courts in intellectual property cases involving foreign elements.
Zasimczuk, Ivan A. "Maxwell M. Rabb : a hidden hand of the Eisenhower administration in civil rights and race relations." Thesis, Manhattan, Kan. : Kansas State University, 2008. http://hdl.handle.net/2097/753.
Full textFiglali, Taskin Aysegul. "Developing A Scale Of Citizenship Perceptions In Terms Of Rights And Duties In Contemporary Turkey." Phd thesis, METU, 2008. http://etd.lib.metu.edu.tr/upload/3/12609695/index.pdf.
Full texts opinions concerning the possible effects of Turkey&rsquo
s EU membership on citizenship issues a scale of &ldquo
EU membership and citizenship&rdquo
has been developed. In addition to the questionnaire study which was applied to unionized workers, employers, bureaucrats and retired military officers, focus group meetings and interviews were conducted. The results of the scale study revealed that all occupational groups shared a republican perception of citizenship as far as the total right and duty items are considered. However, in terms of political and social elements of citizenship, occupational groups displayed different perceptions. In terms of political elements, while workers, employers and bureaucrats emphasized the political rights, with respect to social elements workers assigned more weight to social rights. The EU membership and citizenship scale results indicated that all occupational groups shared a pro-EU perspective with respect to its effects on citizenship.
Coban, Aslihan. "An Examination Of Two Turkish Ngos From A Pluralist Perspective: Human Rights Association (ihd) And Women For Women." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/12607720/index.pdf.
Full textV will be examined using three dimensions: effectiveness, enhancing solidarity and responsibility, and the dimension of inner democracy. As the methodology of the case study, in-depth interview techniques were adapted for capturing the qualities of the organizations in a detailed way. At that level, in-depth interviews from each organization were conducted with members having different positions. In addition to this, all written documents obtained from the organizations were scanned and the relevant ones have been examined for the sake of the study. Since the aim of the study is to understand what part Turkish NGOs play in the consolidation of democracy in Turkey considering the assumptions of classical and contemporary pluralist school in their analysis of voluntary associations and interest groups, this study espoused an associational concept of democracy as the method of work, which is a contemporary concept that underlines the democratic role of free and voluntary associations. In this context, this study tries to discuss the following questions: To what extent are Turkish NGOs independent from the state? To what extent can they have leverage on governmental policies? Do they mitigate conflict through overlapping interests? Do they enhance social trust, tolerance, compromise and a sense of solidarity in society and within their organization? To what extent are they democratic, pluralist and horizontally structured inside their organization and to what extent they are democratic regarding their decision making process? Are they open and inclusive enough in their membership recruitment techniques?
Prebble, Zoë, and John Prebble. "Comparing the General Anti-avoidance Rule of Income Tax Law with the Civil Law Doctrine of Abuse of Law (Part II)." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123114.
Full textEl presente artículo compara y analiza la manera en que los Estados miembros de la Unión Europea, los Estados Unidos y el Reino Unido combaten la elusión tributaria a través de sus sistemas legales. El artículo aborda temas como la influencia del Tribunal de Justicia de la Unión Europea y el caso Cadbury Schweppes en el establecimiento de normas antielusivas en los Estados miembros de la Unión Europea, y la aplicación de la doctrina de la simulación en los Estados Unidos y en el Reino Unido.
Aydin, Gulsen. "Authoritarianism Versus Democracy In Uzbekistan: Domestic And International Factors." Master's thesis, METU, 2004. http://etd.lib.metu.edu.tr/upload/12604690/index.pdf.
Full textZanon, i. Pérez Marc. "Des de la legalitat: Entitats civils i oposició al franquisme." Doctoral thesis, Universitat Pompeu Fabra, 2016. http://hdl.handle.net/10803/378043.
Full textCatalan civil society lived a long process of antifrancoist mobilization from the sixties. A very large part of the population channeled their desire for freedom through organizations that, though working legally, played a role in denouncing the dictatorship and put pressure for the establishment of a rule of law that would respect the civil rights. This was the case of Òmnium Cultural, Justícia i Pau, Amics de les Nacions Unides and the Col·legi d’Advocats de Barcelona. Their special status gave them more room to manoeuvre than the groups in clandestinity and encouraged other social groups to involve themselves in actions against the dictatorship, and thus deepening in the process of erosion of francoism that made the survival of the dictatorship impossible after Franco´s death.
Cruz, Guilherme Ferreira da. "Os reflexos condicionantes da parte geral da Lei 8.078/90 na formatação do direito material positivo das relações de consumo." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-03092012-142717/.
Full textThe investigation of constraining reflexes of the General Part of Act 8.078/90 in formatting the positive substantive law of consumption relationship is directly related to the legal systematic employed in the CDC confection, especially regarding the first ten articles and the option to enroll in them the main structuring foundations of the whole protective system. Indeed, the positive substantive law of consumption relationship cannot be dissociated of the General Part of Act 8.078/90, true interpretation rule aimed at setting the range and depth of this legal framework, established by constitutional determination to support this specific subject, the consumer, beyond that, inclined to search the real balance in the obligational relations focused on the consumption market. The main purpose is to visualize the Codes General Part as a constraining factor of substantive private law rules created in order to materialize the Congress originary will to protect the consumer, working as a distributive justice in a historically unbalanced legal relation, demoting the remaining special part rules to a purely explanatory function. Moreover, the positive dogmatic, the Code applicability limits, the Consumption Relationships National Policy, the objective good-faith as a minimum ethical demandable, the consumers basic rights and the risk as an element of civil liability were examined. At the end, a purpose analytical summary is presented, identifying direct conclusions concerning the theoretical and practical problems examined. It becomes imperative to comprehend the real dimension of the substantive rights granted to consumers and therefore, the only path is to deeply investigate the constraining reflexes of the General Part of Act 8.078/90 in structuring the best consideration in legal terms to promote consumer protection.
Sgarioni, Márcio Frezza. "O requisito da repercussão geral como elemento de efetividade do recurso extraordinário em matéria ambiental." reponame:Repositório Institucional da UCS, 2011. https://repositorio.ucs.br/handle/11338/609.
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The research aimed to examine the impact of juridical general repercussion as a requirement of admissibility, inserted by Constitutional Amendment 45/2004 and regulated by Law No 11.418/06, as its implications for future judicial extraordinary appeals based on the environmental resources. The methodology adopted was the research on the available data basis of doctrine, legislation and court decisions. Analyzing the juridical general repercussion as a requirement of admissibility, and its configuration within the transcendence hypothesis (economics, political, social and juridical) in comparison to the fundamental right to a healthy and balanced environment, it was realized that the requirement is not just a tool for a judicial filtering of the extraordinary appeals, but also is an element of effectiveness for the extraordinary appeals that deals with the constitucional environmental issues, in face of the subjective paradigm shift towards to another one, with more objective characteristics. With this goal, a less formal alternative was presented (related to the timing of the requirement analisys), wich is the presumption of the juridical general repercussion in the public civil and popular law suits; a more active participation of the amicus curiae even in the preliminaries stages; and the disruption of the impossibility of the review of the facts dogma, to allow a hermeneutics more focused on the environmental protection, using, to do so, the laws that address to the concentrated control of constitutionality as the laws that invoke the breach of the fundamental precept.
Casabona, Marcial Barreto. "O princípio constitucional da solidariedade no direito de família." Pontifícia Universidade Católica de São Paulo, 2007. https://tede2.pucsp.br/handle/handle/7500.
Full textThe objective of this PhD thesis is the defense of the application of the constitutional principle of solidarity (art. 3°, clause I, Federal Constitution) within family law. This assignment consists of an introduction (Chapter I), in which the course to be followed is carefully laid out. Chapter II consists of a philosophical investigation pursuing the origins of the instinct of solidarity. Aristotle and his ideas of justice and friendship, which are strongly connected to charity, was taken as a starting point. From there on, only the thoughts of the most important philosophers who dealt with these three matters were included, We end with the study of utopian socialists and the development of charity and solidarity as a duty, and thus forensic institution. In chapter III juridical solidarity and its most significant representations are approached, Next, in chapter IV, principles, general clauses, undetermined legal concepts were studied, as a means to best pinpoint the juridical nature of the principles underlying this study. A brief incursion in the subject of human rights, which bears a close relation to the scope of this thesis, was also made. Next, chapter V analyses the principle of solidarity in some of the most important constitutions in force, leading in chapter VI to the approach of the same principle in the Brazilian constitution. As an absolutely logical following, family regulations in the Brazilian, and in the main foreign constitutions were studied. From there, in chapter VIII, the inferior to the constitution legislation, the Civil Code in force were considered, tackling the questions related to the included or missing principles. The study is terminated with a brief conclusion from which the thesis here defended is drawn succinctly and objectively
Esta tese de doutorado tem por objeto a defesa da aplicação do princípio constitucional da solidariedade (art. 3º, inciso I, Constituição Federal) no Direito de Família. O trabalho é composto de uma introdução (capítulo I), na qual minuciosamente se declara o percurso que será seguido. Em seguida, capítulo II, é realizada uma pesquisa de natureza filosófica, buscando as origens do instituto da solidariedade. Partiu-se de Aristóteles e de sua idéia de justiça e amizade, que se entrelaçam com a caridade. A partir daí, o trabalho foi trazendo o pensamento apenas dos mais importantes filósofos que trataram dos três assuntos. Concluiuse com o estudo de socialistas utópicos e o desdobramento da caridade em solidariedade como dever, e, portanto, instituto jurídico. No capítulo III, é abordado o solidarismo jurídico e seus mais significativos representantes. A seguir, no capítulo IV, estudaram-se princípios, cláusulas gerais, conceitos legais indeterminados, como meio de melhor se localizar a natureza jurídica do princípio objeto deste trabalho. Fez-se, também, uma breve incursão pelo tema dos direitos humanos, que guarda absoluta relação com o escopo desta tese. Em continuidade, capítulo V, analisou-se o princípio da solidariedade em algumas das mais importantes constituições em vigor, para juntar no capítulo VI com a abordagem do mesmo princípio na constituição brasileira. Como decorrência absolutamente lógica do caminho, enveredou-se pelo regramento da família nas principais constituições estrangeiras e nas brasileiras. A partir daí, capítulo VIII, desceu-se à legislação infraconstitucional, o Código Civil vigente, abordando os pontos relativos ao princípio ali constantes ou faltantes. O trabalho é encerrado com breve conclusão, na qual é deduzida de forma sucinta e objetiva a tese defendida (capítulo IX)
Latif, Dilek. "Peace Building After Humanitarian Intervention: The Case Of Bosnia And Herzegovina." Phd thesis, METU, 2005. http://etd.lib.metu.edu.tr/upload/3/12606504/index.pdf.
Full textThévenot-Werner, Anne-Marie. "Le droit des agents internationaux à un recours effectif : vers un droit commun de la procédure administrative internationale." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010295.
Full textInternational organizations’ immunity from jurisdiction prevents – in principle – an international agent from access to national courts in case of a conflict with his organization. Therefore, the question arises whether agents have a right to an effective remedy under international law. Despite the fact that each international organization creates its own partial legal order, various general principles identified by different international administrative tribunals establish, taken as a whole, the right of international agents to an effective remedy. However, in practice, the key stakeholders having decision-making power do not draw all necessary conclusions from these rules which would provide agents with the required guarantees for ensuring effectiveness of the legal remedies. This emphasizes the fragility of this right – a fragility which is not without consequences on the rule of law in international organizations
Scott, Katherine Anne. "Reining in the State: Civil Society, Congress, and the Movement to Democratize the National Security State, 1970-1978." Diss., Temple University Libraries, 2009. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/38730.
Full textPh.D.
This dissertation explores the battle to democratize the national security state, 1970-1978. It examines the neo-progressive movement to institutionalize a new domestic policy regime, in an attempt to force government transparency, protect individual privacy from state intrusion, and create new judicial and legislative checks on domestic security operations. It proceeds chronologically, first outlining the state's overwhelming response to the domestic unrest of the 1960s. During this period, the Department of Justice developed new capacities to better predict urban unrest, growing a computerized databank that contained millions of dossiers on dissenting Americans and the Department of Defense greatly expanded existing capacities, applying cold war counterinsurgency and counterintelligence techniques developed abroad to the problems of protests and riots at home. The remainder of the dissertation examines how the state's secret response to unrest and disorder became public in the early 1970s. It traces the development of a loose coalition of reformers who challenged domestic security policy and coordinated legislative and litigative strategies to check executive power.
Temple University--Theses
Abbas, Muhammad Zaheer. "Community-based patent opposition model in India: Access to medicines, right to health and sustainable development." Thesis, Queensland University of Technology, 2020. https://eprints.qut.edu.au/180843/1/Muhammad%20Zaheer_Abbas_Thesis.pdf.
Full textGris, Christophe. "Les droits de l'enfant a l'épreuve des droits parentaux : l'exemple du rattachement familial de l'enfant." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40067/document.
Full textThe profound changes in our way of life, (desire for equality, feminism, generalization of reconstituted families, social acceptance of homosexuality, consumer society, individuals’ identity becoming immaterial on digital networks), have gone along with a radical change in the way of thinking of how children are affiliated to a family. The mention of both parents’ names on a birth certificate, or the recognition of a child are two promising medium, yet to be examined. Concerning adoption, it is founded upon a more abstract link based on volition, meaning that it may no longer require to take into account the circumstances surrounding the adoption. Finally, parallel to genetic filiation and voluntary filiation, a new category of filiation is taking shape: polygoneic filiation (multi-parental filiation), which is based on facts and pushed by the affection felt for the child, and which will require a legal content in the best interests of the child. Beyond all these forms of belonging to a family, we can then wonder what will become new rights for children. Will a child have the right to have specific parents? What will be the criteria for equality between children in the future? What benefits will the child attain after these evolutions? What importance should be given to his/her views? More than ever, it will be crucial to re-examine an equable and predictable legal framework for family bonds which would take into consideration the new public order of the family: the rights of the child
Boidart, Emeline. "La réglementation des drones civils au niveau international : entre progrès technologiques et problématiques juridiques." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3033.
Full textToday, unmanned aircrafts are undeniably part of our daily lives. These objects surround us more and more and cross the borders, because it is not only in France that these devices become more and more known, but also in the whole world. Whether they are used for recreational purposes, in the military field or for professional activities, unmanned aircrafts are experiencing strong development, unprecedented growth.This development will consist here of dealing with the subject of civilian commercial UAVs which undoubtedly represent the largest field of unmanned aircraft. Indeed, recreational UAVs, like military ones, have a significant growth, but less than civilian professional unmanned aircrafts.These new technologies have a great potential for many companies which work on service delivery through unmanned aircraft. More and more activities are being developed in many sectors, companies are becoming aware of the work capacity that these devices can represent, and it is important to carry out this promising market.However, it is clear that no activity is really possible without a legal framework. Indeed, in a few years, we have seen the use of UAVs becoming more democratic, especially in France. Current events have shown that this use is sometimes dangerous and careless, with many incidents noted. It is therefore necessary to put in place rules that each user must respect, whether for recreational or professional use.France, and some States in the world, are among the forerunners to work extensively on a regulation. This one is certainly strict, maybe even too much, nevertheless it makes it possible to avoid accidents.However, even today many States have not worked on regulations on the activity of unmanned aircrafts within their territory. This is a serious security problem, since in these States, UAVs activities are carried out whereas no rule has yet been given.Companies are on the front line, they have a real need for regulation to develop their business, working on new technologies. Innovations always need to have a solid legal framework, to know what their scope is.Law goes hand in hand with technological progress, and yet it is often lagging behind innovation. As a result, States are facing ever-increasing growth of UAVs activities on their territory, while no regulation has been introduced. Regulation is therefore necessary for all States, to better regulate the use of unmanned aircraft and to guarantee sufficient security for all.Little by little, States are becoming aware of the importance of putting rules in place, some have done a comprehensive job on the subject, and others are building on them and starting to think about it.Of course, all existing States in the world represent as many regulations, even if some are similar, the right of unmanned aircraft is far from unified. On the contrary, it is multiple and very diverse, which can be a problem in this area.Indeed, it would be necessary to work on a convergence, a harmonization, a consensus between all existing regulations and which are still developing today. It seems obvious that the purpose of this right is to allow full integration of unmanned aircrafts in the world's airspace, among other users of the general air traffic, civilian or military ones.This integration is essential to enable both States and companies to work together on regulatory proposals for a better air traffic management, as well as improved cohabitation of all these new technologies whose activities still have an enormous potential to develop
Grundeler, Guillaume. "L'investissement : étude juridique." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1059.
Full textInvestment is a relatively new legal concept. Some years ago, the term was only used within the foreign investment regulations. Back then, investment was mostly happrehended through other legal concepts, such as capital contribution or capital movement. Since then, however, the concept of investment has largely entered the legal vocabulary. For instance, it turns out that, in the French legal order, the existence of an investment makes the conclusion of a long duration contract possible. Besides, it may also be noted that, in the international order, the jurisdiction of an arbitral tribunal established under the aegis of the ICSID is limited to the disputes that arise out of an investment.Such a phenomenon has unfortunately brought on various inconsistencies. Thus, the term appears to be used in ways that sometimes make its meaning overly wide, as in securities law, in which investment refers to all kinds of operations related to financial instruments. Similarly, in matrimonial property regimes, what the French Cour de cassation calls "investment spending" includes all real estate spending. Sometimes, on the contrary, investment is still being apprehended through other concepts that are the simple reflection of that very concept. Therefore, the purpose of this dissertation is to establish some consistency in the use of the term investment by proposing a legal definition of the concept and outlining some elements of its regime
Balat, Nicolas. "Essai sur le droit commun." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020012/document.
Full textThis work offers a comprehensive study on the “droit commun” (approximately translated into “general rules of law” or “ordinary law”), a fundamental concept at the core of the theory and daily practice of French law. Contrary to traditional approaches involving the impression of a changing and variable concept (civil law, general theory, Roman law, European law, principles?), “droit commun” is a technical concept referring, for a given institution, to the legal rules whose scope of application is indefinite. This study also reveals the two distinct applications of “droit commun”; “droit commun territorial” (“territorial general rules of law”) and “droit commun matériel” (“material general rules of law”). The first application, “droit commun territorial”, although lesser known, is technically and historically primal. Droit commun territorial is specifically mentioned for in article 1393 of the French civil code (regarding the matrimonial property regimes), and in a fundamental principle identified by the French Constitutional Council in 2011. The second application, “droit commun matériel”, is better known but needs an overview. In particular, the section of the French civil code which contains articles 2333 and following (on the “droit commun” of pledging of corporeal movables), refers to it. These two applications of “droit commun” are the expressions of a summa divisio. Although both applications have similarities, they remain fundamentally different. The respective applications of “droit commun” do not refer to the same rules of law: rules where territorial scope of application is unlimited versus rules where material and personal scope of application is unlimited
Kelley, Lloyd Earl. "Civil rights litigation: An uncertain tradition. (Volumes I and II)." Thesis, 1991. http://hdl.handle.net/1911/13502.
Full textMorin, Charles-Albert. "«Comment continuer de chanter l'Amérique?» : appartenance des Afro-Américains à la nation américaine et victoire de l'intégrationnisme de Martin Luther King." Thèse, 2014. http://hdl.handle.net/1866/11715.
Full textHow can one understand the African American community's will to belong to the American nation despite a past made of humiliation and an accumulation of setbacks? At several times during American history, elites have proposed so-called « radical » solutions that challenged the dominant paradigm of integration to the American nation. This thesis attempts to identify the reasons why, during the civil rights movement, the black community chose integrationnism championed by Martin Luther King, and rejected separatism advocated by Malcolm X. The specificity of this thesis lies in the use of the literature on the formation of nations, which allowed me to better understand the African American community's choice. The nation is seen as the product of a construction where elites and masses interact. « From the top », I analyzed how ethnic entrepreneurs King and Malcolm X redefined Americanness. « From the bottom », I analyzed how masses received the elites' discourse. My first assumption focuses on the strategic alliance between King and the American executive, which allowed King to define the legislative agenda and base his speech on actual gains he obtained. The second assumption focuses on the structure of the opportunities for African Americans that oriented the choices they made.
Čegan, Petr. "Všeobecný občanský zákoník a soukromé právo na Slovensku v letech 1918-1938 (srovnání věcných a obligačních práv)." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-330711.
Full textCournier, Marine. "Sociétés minières canadiennes et violations des droits de l’homme à l’étranger : le Canada respecte-t-il les prescriptions internationales en la matière?" Thèse, 2013. http://hdl.handle.net/1866/10446.
Full textThis study propose to assess whether Canada meets the international requirements of business and human rights in relation to the supervision it has on Canadian mining companies operating abroad. In 2011, the Human rights Council adopted the Special Representative’s Guiding Principles on Business and Human Rights in order to implement the United Nations “Protect, Respect and Remedy” Framework. According to this framework, States have obligations to protect and remedy while companies only have responsibilities to respect human rights. After six years of work, the Special Representative on Business and Human rights, John Ruggie, has chosen to give in its Guiding Principles non- binding recommendations in order to help States and businesses to encounter their obligations and responsibilities towards human rights. According to the UN, this universal instrument is the most developed in the field. Thus, it is strongly recommended that companies and especially States, comply those «guiding principles» when they elaborate their respective policies on economic activity and human rights. It is therefore necessary to check first if the supervision exercised by the legislature and the government on Canadian mining companies operating abroad succeeds to comply with the "Protect" principles. On the other hand, it must be checked whether the judicial and extrajudicial remedies available in Canada meet the requirements of the «Remedy" principles. This dual analysis will led to conclude that Canada meets broadly the "Guiding Principles" but could do much more, especially in terms of access to effective remedies for foreign victims of Canadian mining companies.
ROMANO, RAMON. "Abuso del diritto ed innovazione. Un percorso ermeneutico intorno alla proprietà intellettuale." Doctoral thesis, 2017. http://hdl.handle.net/2158/1077818.
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