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Dissertations / Theses on the topic 'Federal government – International law'
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1
Emathe, Francis E. "Somalia Igad's attempt to restore Somalia's transitional federal government." Thesis, Monterey California. Naval Postgraduate School, 2006. http://hdl.handle.net/10945/2503.
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Political solutions have been found for several longstanding conflicts in Africa in 2003 - in the Democratic Republic of the Congo, Liberia and Burundi. The political arrangements in these countries may not necessarily usher in permanent peace and stability, but they at least afford an opportunity to work toward such goals. Unfortunately, this is not the case for Somalia, where anarchy, violence and chaos have prevailed for over 15 years. A national reconciliation conference - the 14th of its kind â sat in Nairobi for two years and finally formed a Transitional Federal Government (TFG) in August, 2004. As usual, the outcome of the conference was not welcomed, either by warlords or later on by Islamic clerics in Somalia. Nonetheless, despite institutional obstacles, the Governmental Authority for Development (IGAD) has continued to press their intention to send peacekeepers to Somalia to reinstall the fragile transitional government against the wishes of the Islamic Courts Council (ICC). This thesis examines the possible strategies that IGAD should consider using in its intended mission of supporting the restoration of the Transitional Inter Governmental Authority for Development (IGAD) has continued to press their intention to send peacekeepers to Somalia to reinstall the fragile transitional government against the wishes of the Islamic Courts Council (ICC). This thesis examines the possible strategies that IGAD should consider using in its intended mission of supporting the restoration of the Transitional Federal Government.
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Schaus, Annemie. "L'exécution des obligations internationales dans l'Etat fédéral." Doctoral thesis, Universite Libre de Bruxelles, 2001. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211768.
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Tuengerthal, Hansjürgen. "Zur Umsetzung von EG-Richtlinien und staatengerichteten EG-Entscheidungen in deutsches Recht : und Überprüfung der Umsetzung der Fleischhygienegebührenrechtsakte der EG /." Frankfurt am Main [u.a.] : Lang, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/365118710.pdf.
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Zorn, Christopher J. W. "U.S. government litigation strategies in the federal appellate courts /." The Ohio State University, 1997. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487947908401578.
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Hrle, Jelena. "International arbitration and competition law." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30305.
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Arbitrating of competition law claims has generated a substantial tension between the policies served by promoting international arbitration and those protected by the national competition law. Despite the legal tension and unpredictability associated with arbitrating competition law issues, the arbitrator should, in principle, resolve such issues. This study analyses the main concerns when arbitrating competition law issues, such as jurisdiction, choice of law and, in particular, the position of national jurisdiction regarding the enforcement of the award conflicting national competition law.This study proposes the functional approach to choice of law problems according to which the arbitrator will decide on the applicable competition law bearing in mind the content of mandatory norm, its connection with a dispute and the consequences of its application and non-application. In that regard, this thesis will examine how an arbitrator should address the extraterritorial effect of the competition law. The study will suggest that if the competition law policies of states connected with a dispute serve opposing and conflicting goals, the arbitrator should, in order to preserve his/her neutral function refuse to decide whose competition policy is "better" and should consequently decline jurisdiction.
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Cheng, Jian Xiao. "International regulation of government procurement and the evolution in China." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2147559.
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Paddeu, Federica Isabella. "General defences to breaches of international law : justification and excuse in the law of state responsibility." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648758.
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Shapiro, Evan Joel. "The supranational challenge : federal and decentralized unitary states within the European Union." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22703.
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Nation states, be they federal or unitary, monist or dualist, must incorporate the norms and precepts of international law into their domestic legal orders and implement its requirements. The constitutional or equivalent courts of Germany, Belgium, Italy and Spain have provided solutions to these and related problems. While some of the topic states have undergone decentralizing or federalizing reforms simultaneous with their involvement in the European Communities and Union, all have experienced centralizing pressures, some of which involve negative implications for democratic accountability. Overall, their constitutional and governmental systems have tended to converge with enhanced contact and cooperation. They also influence and are in turn influenced by European institutions and structures, which include most recently expanded Parliamentary powers and a new Committee of the Regions representative of subnational interests and aspirations at the supranational level. How these related, complementary and at times antagonistic spheres will continue to evolve and react in the future may involve Europe's greatest challenge.
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Vasilevskaya, Marina. "The phenomenon of federalism division of authorities, intrastate stability, and international behavior /." Diss., Online access via UMI:, 2008.
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Wallace-Bruce, Nii Lante. "Nationalization in international law and the newly independent African states." Thesis, The University of Sydney, 1985. https://hdl.handle.net/2123/28734.
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The rules relating to nationalization are among the most controversial in international law today. This is particularly so with respect to the Charter of Economic Rights and Duties of States and the Declaration of the New International Economic Order. In Arica, the first notable nationalization took place in 1956 with the take-over of the Suez Canal. Since then, there have been countless nationalizations and other measures of dispossession. The basic aim of the thesis is to study the development of this phenomenon and to assess its impact on private foreign investment in Africa.
The thesis is divided into eight chapters. In chapter one, we trace the origins of the modern African States, going back to the pre-colonial period when Africa had its own indigenous states. We also trace the foundations of private foreign investment, starting from the pre-colonial period when Africa had its own self-sustaining economies. Chapter two deals with the study of the investment laws and policies of the independent African States. Chapter three is devoted to the actual nationalization measures that have taken place on the African Continent. Whilst the chapter does not claim to have covered all instances of nationalization in Africa, an attempt has been made to cover all notable cases. The chapter also deals with other measures of dispossession, namely, indigenization and expulsion. Chapters four, five and six deal with the international law rules. In chapter four, the rules of the traditional legal order are covered. The development of the New International Economic Order and issues arising from it, are discussed in chapter five. Then in chapter six, an attempt is made to determine the current state of the international law rules by bringing together the competing claims of the two legal orders. In chapter seven, we discuss the settlement of investment disputes in Africa. The chapter is divided into four parts. The first deals with actual compensation settlements concerning foreign-owned property. The second concentrates on de-nationalization or privatization of foreign property which had been nationalized earlier. The third part deals with international arbitrations involving African States and finally, there is a discussion of unresolved investment disputes. The last chapter centres on the legal protection of foreign investments. It covers both national legislation and international agreements on the promotion and protection of investments.
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Alen, Balde. "Private antitrust law enforcement in cases with international elements." Thesis, University of Glasgow, 2016. http://theses.gla.ac.uk/7060/.
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The Supreme Court of the United States consented in its Empagran decision that the foreign antitrust injury that is in a dependency relationship with anticompetitive effects (antitrust injury) in the U.S. is to be litigated before the U.S. courts. Since this decision antitrust law litigation in an international context does not depend merely on anticompetitive effects in the U.S., but also on the relationship between anticompetitive effect and (foreign) private antitrust injury. This is something that was not present in pre-Empagran cases. The Supreme Court did not provide conditions on the basis of which the relationship between anticompetitive effects and private antitrust injury could be classified as one of dependency. This means that the Supreme Court left the determination of these conditions to lower U.S. courts. The lower U.S. courts, instead of attempting to determine these conditions, have made foreign private antitrust injury even more difficult to litigate before the U.S. courts. There are three factors that contributed to this development in U.S. case law: the understanding of the Empagran litigation; the understanding of the nature of the international context, and U.S. courts taking a pro-active role in delivering their decisions for which the reasoning is difficult to understand. The greatest obstacle that post-Empagran U.S. courts have placed in front of private antitrust litigants is the requirement that instead of ‘dependency connection’ there should be ‘direct causation’ between anticompetitive effects in the U.S. and litigated (foreign) private antitrust injury. This thesis considers the existing theoretical and practical problems of the current analytical framework under which antitrust violation is analysed in an international context. The thesis introduces the new legal concept of a ‘transborder standard’. This is necessitated by the starting position of this thesis that a factual situation under adjudication cannot be only either ‘domestic’ or ‘foreign’, but can also be ‘transborder’. The introduction of the transborder standard to the existing theoretical framework enables (and requires) the analysis of the factual situation under adjudication in its integrity, bearing in mind also the purpose of private antitrust law enforcement and the right of private parties to be compensated for suffered antitrust injury. The transborder standard provides a framework to analyse antitrust claims brought before the U.S. courts by those private parties who satisfy their private antitrust injury outside the U.S. At the same time, the transborder standard does not enable private litigants to take advantage of simultaneous antitrust litigation before U.S. courts and the courts of non-U.S. countries. ‘Transborder standard’ is a new legal concept. Nevertheless, the existing system of U.S. antitrust law enforcement does support it and, consequently, the transborder standard can be directly applied.
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Nyamunda, James. "Mandatory Business-To-Government Data Sharing: Exploring data protection through International Investment Law." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443655.
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As more data is gathered, analysed and stored, private companies create new products and unlock new commercial frontiers. Simultaneously, governments are beginning to realise that the laws in place require a revamp for the good of commercial innovation and for execution of governmental prerogatives. Hence, in a bid to catch up with the data economy, governments have begun looking for new legal measures that allow them to legally access the data that is held by private companies. Amongst the existing solutions and sprouting suggestions, mandatory business-to-government data sharing often features as a measure through which obligations may be imposed upon private data holding companies to share their data with governments. Other governments have already put in place laws and adopted practices that impose mandatory business-to-government data sharing obligations on private companies. Many of the countries where private enterprises carry out their businesses have entered into International Investment Agreements (IIAs) which invariably entitle investors to Fair and Equitable treatment and prohibit unlawful compensation. Against this background, this thesis discusses the subject of mandatory business-to-government data sharing by dwelling on three main issues, that is, (i) whether data is/are protected as investment, (2) whether mandatory business-to-government data sharing obligations may infringe the Fair and Equitable Treatment standard and (3) whether mandatory business-to-government data sharing obligations may amount to unlawful expropriation.
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Ozkececi-Taner, Binnur Hermann Margaret G. "The role of ideas in coalition government foreign policymaking Turkey as an example, 1991-2002 /." Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2004. http://wwwlib.umi.com/cr/syr/main.
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Gillon, Kirstin. "The practical utility of international law in the negotiation and implementation of aboriginal self-government agreements /." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27451.
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The aim of this thesis is to evaluate the practical utility of international norms to indigenous peoples. In recent decades, indigenous peoples have looked increasingly to international fora to secure what they see as their rights. It becomes important, then, to evaluate the potential utility of these efforts. Two conclusions dominate my assessment of the role of international law. Firstly, the lack of enforceability of the norms means that international law is unlikely to achieve change in the face of state resistance. Secondly, the vagueness of the norms, coupled with the complexity of self-government regimes, severely limit the principles' ability in achieving specific change. Instead, the utility of international law is seen to lie in changing attitudes amongst the general public and governments, by establishing common standards of treatment to which all indigenous peoples are entitled, creating new channels of communication and broadening the context of indigenous disputes.
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Mupanga, Godfrey. "The work of the international criminal court in Africa and challenges for the future of international criminal justice." Thesis, University of Fort Hare, 2016. http://hdl.handle.net/10353/2645.
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Within the first decade of the ICC‟s existence, its case docket was composed of cases originating from Africa only. Relations between the African governments represented by the AU quickly deteriorated. The AU accuses the ICC of bias and unfair targeting of Africa. After the indictment of heads of states that include Omar Al Bashir of Sudan, Uhuru Kenyatta of Kenya and the late Muammar Gaddafi of Libya, the AU passed several resolutions where it reiterated its commitment to the rule of law and to combating impunity. The AU, however, instructed member states to cease all cooperation with the ICC. African states that are ICC members are now faced with conflicting obligations as a result of the AU resolutions. Moreover, the AU resolutions raise the spectre of a legitimacy crisis for the AU and a conflict between articles 27(2) and 98(1) of the Rome Statute. Based mostly on desk research coupled with my experience working on human rights and access to justice programmes in Sudan, South Sudan, Somaliland, Ethiopia, Kenya, Uganda and Zimbabwe, this thesis considers the possibility that the ICC is suffering from a legitimacy crisis as a result of the fall out and the issues of unfair selectivity that are raised by the AU. Employing the Third World Approaches to International Law as an analytical framework, the study attempts to reconcile the apparent contradictions in the new outlook and rhetoric of the AU pursuant to its Constitutive Act and the instruction to member states to withdraw cooperation with the ICC. The thesis also proposes practical ways to resolve the conflicting obligations caused by the AU resolutions and by operation of customary international law immunity of high ranking state officials referred to the ICC by way of a Security Council resolution. The current situation gives the ICC the appearance of a weak institution that is only good for low hanging fruit, which has a negative effect on the legitimacy of the ICC.
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Omiunu, Ohiocheoya. "Moving from 'central exclusivity' to cooperative federalism in the international economic participation of federal systems : a case study of Nigeria." Thesis, University of Liverpool, 2014. http://livrepository.liverpool.ac.uk/2006420/.
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Conventionally, the conduct of foreign relations (including international economic relations) by nation-states has been the exclusive preserve of the central tier of government (i.e. ‘central exclusivity’ in foreign relations). However, the peculiarities of federal systems have posed a serious challenge to this conventional position. This is because federalism is based on principles which require shared powers between multiple levels of government. As such, Sub-Federal Governments (SFGs) have been known to affect the operation of international norms in federal systems. Furthermore, the international system is constantly evolving due to geopolitical changes, most notably globalisation. These changes in the international system have facilitated an increased participation of SFGs in international relations and as a consequence brought into question the continued relevance of conventional norms pertaining to foreign relations in international law. With regards to Nigeria, and in the specific context of international economic relations, empirical evidence shows that since the start of the 4th democratic Republic in 1999, SFGs in Nigeria are increasingly accessing international markets and engaging in activities which have direct and/or indirect impact on Nigeria’s international economic relations. This trend contradicts the constitutional position in Nigeria, where the extant theoretical framework underpinning Nigeria’s international economic participation gives plenary powers for foreign relations to the Federal Government (FG). In light of this contradiction, this thesis examines the divergence between theory and reality in Nigeria’s international economic relations. This thesis puts forward a proposition that the functional reality of international economic interactions in the current dispensation necessitates a re-assessment of the existing framework underpinning the relationship between domestic (federal) and international regimes in international economic relations. In the context of Nigeria, this thesis concludes that the changing dynamics of international economic relations necessitates a shift from central exclusivity to a cooperative federalism model.
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Desgagné, Richard. "La participation des états au commerce international : les contrats gouvernementaux en droit comparé et en droit international." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60704.
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The study is about the activities of public entities in international trade, more precisely, about international government procurement. The law of government contracts, in international and municipal law, seeks to balance the stability of contractual relations between the parties and the mutability of the contract which flows from a recognition of the primacy of the public interest. The precise balance struck varies from one legal system to another. Part One of the work looks, firstly, at the recognition, immunities and capacity of public entities in international commercial transactions. Secondly, it treats the conflict of laws rules applicable before national and arbitral jurisdictions. Thirdly, it explores the various possibilities of applicable law, namely the law of the contracting State, the lex mercatoria and public international law. Part Two examines, from a comparative perspective, the notions of "public body", "public contract" and "contrat administratif" in Ameircan, English and French law. The third part explores two main themes. Firstly, the process of procurement in national law, European law, and under the Agreement on Government Procurement; and secondly, the question of the stability of the contractual obligations which can be disturbed by unilateral interventions of the contracting public entity and by external supervening events.
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Cote, Nancy C. "Referendums and constitutional amendment in Canada." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ56167.pdf.
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Chang, Catherine Kuo-Shu. "Violence against women in post-Mao China : international human rights norms and local law /." Thesis, Connect to this title online; UW restricted, 2003. http://hdl.handle.net/1773/9614.
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Marquardt, Stephan. "The right to self-government of the aboriginal peoples of Canada under domestic and international law /." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63978.
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SOBRINO, Irene. "Welfare state and federalism : a constitutional viewpoint : the cases of Germany and Spain within the framework of the European Union." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13172.
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Defence date: 4 March 2008Examining Board: Prof. Jacques Ziller, (EUI) ; Prof. Dieter Grimm, (Humboldt University, Berlin) ; Prof. Javier Pérez Royo, (University of Seville) ; Prof. Neil Walker, (EUI)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The question of the relation between the aims of current federalism and welfare states has often been portrayed as the idea of two dynamics addressing divergent senses: while federalism would essentially imply centrifugal tendencies, the fulfilment of welfare state postulates would require certain social standardization processes. However, the viewpoint from which this work departs is the constitutional intertwining of both concepts: it sets out to analyze how the welfare state principle and the federal territorial structure are constitutionally interrelated. In particular, the aspect of welfare state that is tackled refers to its fulfilment on a nation-wide basis, which requires focusing on the mechanisms needed to generate certain levels of socio-economic standardization. The main theme of the dissertation is therefore the analysis of the structural elements that embody the territorial scope of solidarity within the context of two politically decentralized countries, Germany and Spain. The dissertation is structured into five chapters. Chapter One, after analysing how the concepts of “welfare state”, “federalism” and their “interrelations” are tackled and explained by the existing literature, outlines an analytical framework for the examination of the territorial translation of welfare state. Chapter Two addresses the constitutional articulation of the search of a basic equality on the whole territory from the perspective of the allocation of social competences – i.e. health care, social assistance and social security and education - both in Germany and in Spain. Chapter Three focuses on some of the “constitutional structures” that are in charge of guaranteeing the basic uniformity of living conditions throughout the territory of each country (e.g. Art. 72 of the German Basic Law and 149.1.1 of the Spanish Constitution). Chapter Four analyses certain mechanisms that articulate the financial territorial redistribution in each system. Chapter Five is devoted to analysing the EU as a new territorial stratum involved in the social sphere regulation interacting with the nationally based welfare state.
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Ouma, Steve Odero. "Federalism as a peacemaking device in Sudan's interim national constitution." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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The focus of this study was on the Interim Constitution adopted on 9 July 2005 by Sudan. The significance of the federal principle both as a peacemaking device and a tool of democratisation was considered. The objective of the study was to provide an informed and well-researched estimation of the potential perils and possibilities for success of Sudan's contemporary constitutional arrangement.
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Zimuto, Prince Charles. "An analysis of "self-determination" in international law : the case of South Sudan." Thesis, University of Fort Hare, 2015. http://hdl.handle.net/10353/5697.
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This research intends to investigate the scope and applicability of the concept of ‘self-determination’ outside the context of decolonisation using South Sudan as a case study. Demands for the exercise of the right to self-determination are widespread. These are vehemently resisted by states who view the concept of ‘self-determination’ as a potential source of territorial disintegration. International instruments which provide for the right to self-determination also discourage the impairment of the territorial integrity of states in the name of self-determination. The problem faced in international law is therefore how to balance the right to self-determination with the principle of territorial integrity. The study reveals that the general understanding is that outside the context of decolonisation the right to self-determination may be exercised within the territorial boundaries of a state without compromising the territorial integrity of a state. The internal exercise of the right to self-determination entails human rights protection, participation in the political affairs of the state and autonomy arrangements. This general understanding is however problematic where a state systemically violates the rights of its people and denies them political participation in the affairs of the state. The people of South Sudan found themselves in such a situation from the time when Sudan gained independence from British colonial rule. Despite a number of negotiations with the government of Sudan, the people of South Sudan continued to be marginalised and their rights violated with impunity. They then demanded to exercise their right to self-determination externally and eventually they seceded from Sudan through the framework created by the Comprehensive Peace Agreement of 2005. In the light of the secession of South Sudan from Sudan this study proposes a remedial self-determination approach to the understanding of post-colonial self-determination. In terms of this approach when people are denied the right to exercise their right to self-determination internally, or their rights are deliberately and systemically violated, they may exercise their right to self-determination externally and secede.
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Hatupopi, Petrus. "The responsibility to protect (R2P): an analysis of the fulfillment of the obligation borne by the Nigerian Government and the international community to protect the Nigerian population from Boko Haram." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27491.
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This dissertation investigated the doctrine of the responsibility to protect (R2P), which was unanimously endorsed at the 2005 UN World Summit by all the UN Member States. I determined the status of R2P in public international law. I found that, although the 2005 UN World Summit Outcome Document is not a source of international law, the responsibility to protect contained therein under paragraph 138, reiterated the existing international legal obligation of states to protect their populations from genocide, crimes against humanity, war crimes and ethnic cleansing. I have argued that if a state fails to fulfil its legal obligation to protect its population from mass violations of human rights, the principle of state sovereignty and its accompanying norm of non-intervention cannot prevent the international community from responding appropriately to protect the population of that state. But the international community does not have a legal obligation on how it should respond to situations of human rights violations. However, the responsibility to protect as contained in paragraph 139 of the 2005 UN World Summit Outcome Document and the constitutive documents of organizations such as the United Nations, the African Union and the Economic Community of West African States (ECOWAS) have given authority to the international community to intervene in their member states in order to protect populations from mass atrocity crimes. On that basis, the responsibility to protect on the part of the international community exists. But the international community retains the discretion to decide on whether it should respond and how it should react to situations that fall within the scope of R2P. I used the three pillars of the responsibility to protect, contained in the 2009 report of the UN Secretary General to determine how the responsibility to protect was implemented in Nigeria to protect the population from crimes against humanity and war crimes perpetrated by members of the Islamic extremist militant group called Boko Haram. I analyzed various measures taken by the Nigerian government, the United Nations, the African Union, and the Economic Community of West African States (ECOWAS) and concluded that the measures taken were not effective in defeating Boko Haram. Hence, I found that the responsibility to protect was not successfully implemented in Nigeria.
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Cunningham, Laura Lynn. "Federal, state, and local government interactions in the administration of wetland protection measures in Virginia." Thesis, Virginia Tech, 1988. http://hdl.handle.net/10919/43838.
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Jørgensen, Nina H. B. "The responsibility of states for international crimes /." Oxford : Oxford University Press, 2005. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=015629585&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA.
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Diss. University Oxford, 1999.Diss. u.d.T. "State responsibility for the Commission of Crimes against international law. Originaltitel: State responsibility for the Commission of crimes against international law.
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Fernandes, Jack J. "Sentencing Reform In The Nation’s Juvenile Justice System: A Set of State and Federal Policy Recommendations Following Miller v. Alabama (2012)." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/cmc_theses/1340.
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This research was focused on analyzing and interpreting the U.S. Supreme Court’s holdings in several cases that directly affect the juvenile justice system and the sentencing process of youth offenders. Drawing primarily from Miller v. Alabama (2012) and the Supreme Court’s ‘Miller doctrine’, this thesis goes against the viewpoints of many policymakers, arguing that life without parole and mandatory adult sentence minimums for youth offenders are ‘cruel and unusual’ punishments that are unconstitutional as sentencing options for a juvenile offender. In order to arrive at the conclusion that the aforementioned punishments violate a youth’s 8th Amendment right to a proportional sentence, this thesis drew from previously unavailable research in modern neuroscience that substantiates the Supreme Court’s claim that “Children are different” on a developmental basis and thus, can never possess the same degree of culpability for a crime as an adult offender.
If one accepts the conclusions made in this thesis, it is a matter only of when, not if, the sentencing process for youth offenders experiences a paradigm shift on a legislative level, and becomes a much more efficient and successful process where rehabilitation becomes the foremost goal. If science and developmental psychology support the Supreme Court’s assertion that nearly all juvenile crime-activity is the result of “transient immaturity,” then why are 16 year olds being sentenced to life without the possibility of parole? This thesis explores the possible answers to this question, and anticipates the possible impediments to national changes in juvenile sentencing procedures.
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Mation, Gisela Ferreira. "Direito internacional na jurisprudência do Supremo Tribunal Federal." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-04042014-145906/.
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O presente trabalho busca analisar a evolução da discussão dogmática sobre a relação entre direito interno e direito internacional na jurisprudência do Supremo Tribunal Federal. A pesquisa dedica especial atenção a três casos específicos, julgados entre 2008 e 2010, que são representativos de uma nova fase no entendimento corte, em que o Supremo Tribunal Federal tratou de uma série de questões inéditas na sua jurisprudência. São eles a decisão, em 2008, sobre a prisão civil do depositário infiel, proibida pela Convenção Americana de Direitos Humanos; a ADPF no 101, de 2009, sobre a importação de pneus usados e remoldados, cuja regulamentação também foi objeto de decisões no âmbito do Mercosul e da OMC; e a ADPF no 153, de 2010, que discutiu a Lei da Anistia, também tratada na Corte Interamericana de Direitos Humanos. Mapeando as discussões dogmáticas nesses casos, busca-se identificar as implicações dos tratados internacionais e das decisões de tribunais internacionais para o ordenamento jurídico brasileiro, bem como as contradições e omissões de tais decisões. A análise do desenvolvimento da jurisprudência do Supremo Tribunal Federal considera as transformações ocorridas no direito internacional a partir do final da Segunda Guerra Mundial e as mudanças incorporadas às constituições brasileiras, e em especial a Constituição de 1988 e a sua Emenda no 45, de 2004.This study seeks to analyze the evolution of the dogmatic debate on the relationship between domestic and international law in the Brazilian Supreme Courts case law. The research devotes special attention to three specific cases, decided between 2008 and 2010, which are representative of a new phase in the courts understanding, in which the Supreme Court has dealt with completely new issues. These cases are the following: the decision in 2008 on the civil imprisonment of an unfaithful trustee, prohibited by the American Convention on Human Rights; ADPF No. 101, from of 2009, on the import of used tires, which had also been the subject of decisions within Mercosur and WTO; and ADPF No 153, from 2010, which discussed the Brazilian Amnesty Act, also addressed by the Interamerican Court of Human Rights. By mapping dogmatic discussions of these cases, I seek to identify the implications of international treaties and decisions of international tribunals for the Brazilian legal system, as well as the contradictions and omissions of such decisions. The analysis of the development of the Supreme Courts case law considers the transformation occurring in international law since the end of World War II and the changes incorporated into the Brazilian constitutions, and in particular the Constitution of 1988 and its Amendment No 45 of 2004.
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Gillon, Kirstin Elizabeth. "The practical utility of international law in the negotiation and implementation of aboriginal self-government agreements." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq29826.pdf.
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Gardner, Jocasta. "The public debate about the formulation of the Basic Law of the Federal Republic of Germany, 1948-1949." Thesis, University of Oxford, 2004. http://ora.ox.ac.uk/objects/uuid:22eacfe2-571c-4d8a-a4fa-a13061a47ee4.
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Four years after the end of the National Socialist dictatorship and a disastrous major war, basic rights and democratic government were enshrined in the Basic Law for the Federal Republic of Germany in May 1949. Thus parliamentary democracy was formally and institutionally reintroduced to Western Germany at the Bund level. Successful implantation of democracy, however, requires not only constitutional arrangements but also, and perhaps more importantly, participation on the part of the people in the democratic process. Through analysis of the public involvement in the Basic Law's formulation and the impact of the public debate on the deliberations of the Parliamentary Council between September 1948 and May 1949, the degree of participation of Germans in the three Western zones of occupation, upon which the new West German state could subsequently build, is explored. Initial answers are suggested in chapter II and then developed in subsequent chapters as various contentious topics debated by the Parliamentary Council are examined. Anti-parliamentarianism, the search for a new symbol, newspaper perceptions as a reflection of the reality of interaction between occupier and occupied in the constitution's formulation, and the public debate about the nature and status of the second chamber, about the relationship between God and the Basic Law, and about full equality for women are analysed. The nature and extent of the public debate 1948-1949 make clear that the German population of the Western zones had already begun to think and function in a democratic fashion on the Bund level. This thesis suggests that the creation of an institutional framework, such as the Basic Law, should not be overemphasized at the expense of the developing democratic culture in post-war Western Germany. Without the gradual democratization of the population already well underway when the provisional constitution came into force on 23 May 1949, it is unlikely that the Federal Republic of Germany could have established itself so successfully so quickly.
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Shattock, Alexander Harry. "The legal limits of intervention by invitation of government in civil wars." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/288826.
Full textAbstract:
It has become widely accepted that if a state sends troops into another state following a government request, it will not breach the prohibition on the use of force set out in Article 2(4) of the UN Charter. This is known as "intervention by invitation." However, it is clearly open to abuse, especially when invoked as a legal justification for intervening in a civil war, allowing allies of ineffective governments to help suppress genuine popular revolts. Thus, many 20th century writers argued that intervention by invitation in civil wars was not lawful, on the basis that it would necessarily breach the principles of self-determination and non-intervention. Several 21st century writers have maintained this position. This thesis will challenge those claims. Its focus will be on the legal limits on intervening in a civil war: the key question being what circumstances, if any, preclude a state from responding to a government invitation to intervene in a civil war. Part I will set out the key doctrinal issues and the scope of the research question, including the definition of a civil war. In contrast to previous studies of intervention by invitation, it will critique the alleged prohibition on intervention in civil wars by analysing its two constituent elements, self-determination and non-intervention, from a historical and theoretical perspective, concluding that neither principle is sufficiently clear in definition or application to support a general prohibition on intervention by invitation. Part II will analyse recent state practice on intervention by invitation, in order to determine whether it is an evolving norm in light of new developments such as the global war on terror and the apparent decline of the effective control doctrine. It will also consider potential limits to intervention by invitation in civil wars in the absence of a general prohibition, such as loss of government status, coercion and the ways in which an invitation can be communicated, and the extent to which these limitations have been challenged or confirmed by recent state practice.
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Hirt, Michael. "The constitutions of Italy, the Federal Republic of Germany and the United States of America in relation to Article 22 of the Warsaw Convention /." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59931.
Full textAbstract:
Article 22 of the Warsaw Convention, 1929 limits the liability of the air carrier in the event of death or wounding of a passenger to 125,000 Francs-Poincare based on a defined gold value. In 1955, the limitation has been raised to 250,000 Francs-Poincare.As gold has lost its special position in the monetary system the value of the limitation of liability has decreased and some plaintiffs have argued that the limitation of liability is unconstitutional.
The Warsaw System is presented, the grounds for a limitation of liability, and Article 22 are analyzed. The relationship between municipal law and international law is described. The constitutionality of Article 22 is examined for the jurisdictions of Italy, the Federal Republic of Germany and the United States of America. Those lines of argumentation that could be used to challenge Article 22 in all constitutional systems similar to those of the abovementioned States are presented.
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Hess, Martin Christopher. "The Australian Federal Police as an International Actor: Diplomacy by Default." Phd thesis, Canberra, ACT : The Australian National University, 2018. http://hdl.handle.net/1885/144278.
Full textAbstract:
Under traditional International relations theory, diplomacy
relates to relations between sovereign nations. There have been
two broad schools of thought on the dynamics behind these
relations: the ‘realist’ school, which tends to consider
power and conflict as the major lens through which such should be
viewed, and the ‘idealist’ school which tended to focus on
cooperation rather than conflict. Between these two extreme
views, a third school, the English School of International
Relations, also known as the British Institutionalists, provides
somewhat of a compromise view, acknowledging the merit of both
realism and idealism, by accepting that power remains an
important element but also advocating that acceptance of common
norms and institutions plays a significant role in determining
relations, or the International Society between states.
In 1977 Hedley Bull offered the following definition of
International Society when he stated that International Society
… exists when a group of states, conscious of certain common
interests and common values, form a society in the sense that
they conceive themselves to be bound by a common set of rules in
their relations with one another, and share in the working of
common institutions.
This thesis is not specifically related to International
Relations theory, which deals with inter-state relations. Whilst
inter-state conflict and international relations remain important
drivers of foreign and military policy, there is a growing
recognition that it is intra-state conflict avoidance and
post-conflict reconstruction which increasingly mitigate the risk
to the safety, security, peace and prosperity of nations and
regions. Much of this disquiet has its roots in
maladministration, poor governance and a lack of justice. These
are areas in which traditional approaches to foreign intervention
via trade, aid and military force have limited effect, and in
which effective consent-based policing and justice can play a
significant part in building sustainable and peaceful outcomes.
This thesis discusses the role played by a non-traditional actor
in the international arena, the police, specifically the
Australian Federal Police (AFP), in addressing some of these
intra-state justice and governance issues in a constantly
changing, unstable and unpredictable global and regional
environment. The thesis is intended to outline the diversity and
versatility of AFP activities and to contextualise them in terms
of non-traditional New Diplomacy. The aspects of diplomacy of
most significance relate to diplomatic qualities or traits of the
individual police officer, diplomatic behaviours of these
members, and diplomatic outcomes of their activities. As such
the thesis does not relate directly to International Relations
theory or to International Society, as espoused by Hedley Bull.
There are, however, some interesting intersections which are
worthy of note. There are some critics of the English School who
argue that it is Eurocentric. Today’s International Relations
originated in the 19th century when a number of European nations
formed a club of ‘civilised’ states bound by international
law, which expanded around the globe to involve all nations. This
concept has been used to explain the lack of imperative for a
supra-state or world government to maintain orderly inter-state
relations, as the force which binds them is consent to agree to
common interest and values within a global rules-based order.
In terms of policing on an international scale, global government
is simply too unwieldy. There are a number of global,
consent-based institutions such as the United Nations and
INTERPOL, which fulfil this requirement to a certain extent. The
AFP has had long involvement with both of these global
institutions, as well as several regional policing institutions.
In terms of conflict-oriented ‘realism’ and cooperative
‘idealism’, policing walks both sides of the street. As this
thesis will discuss, the whole posture of liberal-democratic
policing is conflict prevention, and the means by which such
police carry out their daily duties is by cooperation. This is
the context in which replication or expansion of International
Society should be considered in relation to the activities of the
AFP internationally and regionally.
This thesis is by definition Eurocentric, or more specifically
Anglo-centric, due to the historical fact that the AFP draws all
of its principles from Australia’s British antecedents and
adheres to a largely ‘western’ or European notion of human
rights values.
This thesis explores the role of the AFP as an international
actor. The thesis asserts that effective international policing
has never been more important in linking the international with
the domestic. The way the AFP operates in a landscape where
traditional policing paradigms are rapidly changing, due to
ever-changing, political, diplomatic, and transnational issues,
is examined in the context of the ‘globalisation paradox’, of
both needing and fearing, global governance simultaneously, as
raised by Anne-Marie Slaughter in her book, A New World Order.
The way the organisation has evolved from its origins, based on
Western liberal-democratic policing values, approaches and
skills, to an organisation involved in international policing and
diplomacy at the highest levels, while still retaining its
liberal-democratic credentials is explained. It is argued that in
the contemporary international and Australian context, the AFP is
an effective and experienced agency. It is further argued that
this is a distinctive form of new diplomacy, appropriate to an
increasingly globalised world.
The AFP has established an extensive international network in
more than 30 countries, has been a consistent contributor to
national security, has participated in numerous international
deployments over half a century, and continues to play a
meaningful role in Australian foreign policy efforts. The thesis
provides evidence to show how AFP officers exhibit diplomatic
qualities similar to those listed by Daryl Copeland in his book
Guerrilla Diplomacy , as well as those mentioned by Christopher
Meyer in his book Getting Our Way.
In all of its international endeavours, AFP members have
demonstrated, in varying degrees, the three enduring elements of
diplomacy as outlined by Jonsson and Hall in their book The
Essence of Diplomacy. They have communicated and negotiated in
some very challenging circumstances and they are representatives
of the Australian Government and its humanitarian values. The
AFP, as part of broader efforts with institutions such as the UN,
have not so much sought a replication of international society,
as mentioned by Jonsson and Hall, but have provided a supplement
to international society, by effective networking, thereby
addressing in large part, Slaughter’s ‘globalisation
paradox’. It is not so much universal police homogeneity which
is sought by such endeavours, as a balance between it, and the
heterogeneity which is inevitably associated with cultures
transitioning from custom and tradition, to 21st century
expectations of nationhood. The way the AFP’s transnational
operations, activities, and deployments, not only serve perceived
national interests, but result in more effective regional
governance, is identified as ‘diplomacy by default’, because
formal Track I diplomacy is not their primary objective. It will
be demonstrated how international diplomacy, while generally
conducted with perceived national interests as its primary goal,
has a secondary benefit, good international citizenship, and that
the AFP has a credible history of serving both.
It is argued that the AFP is well positioned within government,
law and intelligence and security circles, in the Australian and
international contexts, through an extensive liaison officer
network in South-East Asia, the South-West Pacific as well as
more broadly. It will be demonstrated how the AFP has shown
itself as capable and ready to respond effectively to extant and
emerging challenges, and as such, has earned a place in foreign
policy discussions and considerations at the highest diplomatic
levels, including the UN. The AFP provides a distinctive and
direct link between the global, the regional, and the domestic,
which matches the rapidly globalised community it represents. The
thesis confirms that international policing acts as a distinctive
aspect of Australian ‘firm’ diplomacy, and supplements the
more traditional elements of international engagement, between
the ‘soft’ or traditional diplomacy, and the ‘hard’ form
of military intervention. The evidence provided shows how it is
by this form of whole-of-government activity, inclusive of
policing, that stability and security are enhanced, and peace and
prosperity are encouraged. Overall, the thesis affirms the AFP as
a transnational agency, which is well placed to link the
international with the domestic, the contextual with the
aspirational, and the theoretical with the practical, in a period
of strategic uncertainty in international affairs at the dawn of
the Third Millennium.
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Schreider-Dressayre, Aurélie. "L’évolution du statut des collectivités territoriales en droit européen et international." Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111003.
Full textAbstract:
Approcher les collectivités infra-étatiques sous l’angle du droit international peut paraitre relativement paradoxal dans un ordre juridique qui s’est construit autour du principe de souveraineté, et sur le monopole de l’Etat en matière de relations extérieures. Pour autant, les collectivités territoriales ont développé, de manière empirique, leur influence et leurs interventions sur la scène internationale, au point de constituer les bases d’un droit international des collectivités territoriales.La caractéristique de cette étude ne tient pas à son objet mais plutôt à l’angle d’approche utilisé. La littérature juridique s’est largement enrichie depuis une vingtaine d’années sur la question des collectivités territoriales. Leur examen a largement porté sur la coopération décentralisée sous tous ses aspects : de la nature juridique de l’accord de coopération à l’évolution des domaines de coopération. Au même titre, un certain nombre d’auteurs ont étudié l’applicabilité du droit communautaire aux collectivités territoriales européennes ou plus largement les effets de la politique régionale communautaire sur ces mêmes entités infra-étatiques. Mais le point commun de l’ensemble de ces contributions doctrinales tient à l’angle d’approche choisi. Chacune de ces études part du postulat selon lequel la collectivité territoriale s’inscrit dans l’ordre juridique interne ce qui l’exclut a fortiori du champ juridique international. Nous suivrons une approche inverse. Notre étude partira de l’ordre juridique international, pour tenter d’y inscrire les collectivités territoriales.Quel statut juridique peut-on accorder aux collectivités territoriales ? Une collectivité infra-étatique, en tant que démembrement de l’Etat, peut-elle constituer un « acteur » du droit international voire un sujet de celui-ci ? Si les collectivités territoriales répondent favorablement aux critères matériels constitutifs de l’Etat (un territoire, une population, un gouvernement), la souveraineté, dernier attribut de la personnalité juridique internationale, leur fait défaut. L’irrecevabilité des critères de la personnalité juridique internationale n’empêche pourtant pas les collectivités territoriales de développer des relations internationales de nature à la fois horizontales et verticales. Ces rapports juridiques internationaux entretenus avec leurs homologues mais également avec des sujets de droit international contribuent, sur le fondement des principes de subsidiarité et d’autonomie locale au développement de normes juridiques internationales qui leurs sont propres. Devenues destinataires de droits et d’obligations issues de l’ordre juridique international, les collectivités territoriales ne développent-elles pas les contours d’une personnalité juridique internationale ?The idea of examining infra-state authorities from the angle of international law may seem somewhat paradoxical in the context of a legal system built on the principle of national sovereignty and on the state monopoly on foreign relations. Yet local government entities have empirically extended their influence on and activity on the international stage, to such an extent that these now constitute the basis of a corpus of international law for local government entities.The distinguishing nature of the present study derives less from its subject matter than from the angle of approach used. Over the past two decades, the corpus of legal literature has been considerably enriched as regards the question of local government entities. Study of these has largely focused on decentralized cooperation in all its aspects – from the legal nature of a cooperation agreement to changes in the areas of cooperation. Similarly, a number of authors have studied the applicability of European Community law to European level bodies or, more broadly, the effects of regional European Union policies on these same infra-state entities. What is common to all these contributions, however, is the chosen angle of approach. Each of these studies is bound by the postulate that local government is subject to the domestic legal system, which by its very nature excludes it from the scope of international law. This present study applies the opposite approach, however, taking the international legal system as its starting point and seeking to define the place of local government entities within it.What legal status can one assign to local government entities? Can an infra-state entity, as a subdivision of the state, constitute an “agent” of international law, or even a subject of it? While local government entities do meet the material criteria for what constitutes a state (a territory, a population, a government), they nevertheless lack sovereignty, the ultimate attribute of the international legal personality. Yet the fact that they do not meet the criteria for admissibility to the international legal personality has not stopped local government entities from developing international relations of both a horizontal and vertical nature. The international legal relationships they maintain with their peers as well as with subjects of international law are contributing, on the basis of the principles of subsidiarity and local autonomy, to the development of international legal standards which are specific to them. Consequently, having become the objects of rights and obligations derived from the international legal system, could it not be argued that local government entities are developing the outlines of an international legal personality?
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Zwingmann, Beke. "Separation of powers the 'German way'? : the relationship of the German Federal Government and Parliament in the EU context." Thesis, Cardiff University, 2016. http://orca.cf.ac.uk/95422/.
Full textAbstract:
The thesis uses the doctrine of the separation of powers as the conceptual framework to analyse the jurisprudence of the German Federal Constitutional Court on EU matters from its early decisions to the latest cases on the European Stability Mechanism. The court’s decisions have been widely discussed in terms of the impact of European integration on democracy and democratic participation at the national level. The aim of the thesis is to put the court’s jurisprudence into a different context by reading it from the perspective of separation of powers in order to assess the impact of EU integration on the relationship between national institutions, specifically the German Federal government and parliament. The analysis will show that while the decisions on the ESM have overall strengthened the position of the Federal parliament in the particular subject-matter of those cases (budgetary control), this should not necessarily be understood as a re-definition of the relationship between the Federal government and parliament in the context of EU matters as a whole. By using the separation of powers as a framework for analysis, it becomes apparent that while the German constitutional system may seem to have acknowledged the different constitutional nature of the EU, the political institutions as well as the Federal Constitutional Court have yet to draw the necessary consequences for the relationship between the Federal government and parliament at national level: by treating EU matters merely as a ‘special kind’ of foreign affairs, the fundamental alteration of the balance of power between the executive and the legislative caused by European integration has gone unchecked by the German Federal Constitutional Court and has led to constitutional practices which arguably undermine not only the democratic accountability of the actions of the German Federal government but also the concept of separation of powers itself.
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Blackford, William R. "The Responsibility to Protect and International Law: Moral, Legal and Practical Perspectives on Kosovo, Libya, and Syria." PDXScholar, 2014. https://pdxscholar.library.pdx.edu/open_access_etds/2532.
Full textAbstract:
Humanitarian intervention has long been a secondary or tertiary concern in a security driven international system. Since NATO's intervention during the Kosovo crisis in 1999 there have been significant developments in both the language and form of humanitarian intervention as a matter of international law. The events in Kosovo sparked debate about how to handle humanitarian crisis in the future and thus humanitarian intervention evolved into a redefinition of sovereignty as responsibility and the Responsibility to Protect. The Responsibility to Protect has had a number of opportunities to continue to evolve and assert itself in an international legal context throughout the ensuing years since the Kosovo intervention.
The purpose of this research is to explore the moral, legal and practical implications of the Responsibility to Protect doctrine. Classical and contemporary theories of international relations and moral philosophy are applied in the context of the Responsibility to Protect and its effect upon the international system and specific states to cultivate a sense of the development of the norm and different actors' attitudes towards it. A literature review is conducted to show the practical and conceptual issues inherent in the framework of the Responsibility to Protect. The norm is then applied to the cases of Kosovo, Libya, and Syria to assess its effect in practice and determine its origins. The analysis of these case studies leads to a number of conclusions regarding its effectiveness and future application.
The case studies chosen for this research are Kosovo, Libya, and Syria. The case of Kosovo helps to establish a humanitarian intervention framework, the need for redefinition, and the beginning of the Responsibility to Protect. Libya shows the first strong case for the positive application of the Responsibility to Protect in a practical sense. The non-intervention in Syria shows the difficult political issues involved in intervention and presents uncertainty as to the positive develop of the norm. These cases clearly show the myriad of practical challenges to RtoP that are borne out the theoretical, moral issues embedded in its philosophy.
The conclusion drawn from the literature review and subsequent case studies is that the current efforts to assert the Responsibility to Protect are aimed at the wrong areas of international law and states, and that the norm is not developing positively in a linear pattern. To successfully promote its acceptance the Responsibility to Protect must build institutional linkages to make intervention more cost effective, exercise the regional options available to promote and ensure the legitimacy of intervention, and assure the acceptance of RtoP by the major powers in the Security Council.
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Brühl-Moser, Denise. "Die schweizerische Staatsleitung : im Spannungsfeld von nationaler Konsensfindung, Europäsierung und Internationalisierung ; mit Bezügen zu Belgien, Deutschland, Frankreich, Grossbritannien und Österreich /." Bern : Stämpfli, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/524327785.pdf.
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Newcombe, Andrew Paul. "Regulatory expropriation, investment protection and international law, when is government regulation expropriatory and when should compensation be paid?" Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0004/MQ46036.pdf.
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Siraze, Garcia Deborah Esther. "The Twitter Diplomacy of Heads of States and Government : An Analysis." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/78227.
Full textAbstract:
International relations is constructed of ideas and concepts that have won legitimacy through the passage of time. Diplomacy is an ancient practices that has evolved and has become a practice that states have accepted as legitimate. The arrival of the digital world and the new Information Communications Technologies (ICTs) in the diplomatic world has made it possible to adopt trends like engaging in social media applications like Twitter to practice diplomacy. This creates the need to better understand the use of social media platforms as a tool of diplomacy. The growing engagement of Heads of States and Governments in communicating messages on Twitter, the so-called Twidiplomacy, is changing from what was considered a mere “trend” to a “common practice” in the conduct of diplomatic practice. As authorities share their culture through their behaviour and it is further shared and emulated through the use of Twitter by other authorities, these actions create new collective identities and shared knowledge in the diplomatic practice. These trends may lead to new patterns of diplomatic behaviour that may transform the diplomatic practice. Abdullakkutty (2018:11) contends that as an extension of innovative digital diplomacy “the use of social media is so extended that it can easily realise the diplomatic functions of negotiation, representation and communication”. Using a case study of tweets by a few Heads of States and Governments tweeting on similar major diplomatic incidents, this study researches these trends in innovative diplomacy leading to Twidiplomacy and how these are affecting the traditional roles of diplomacy, namely: negotiation, representation and communication.Mini Dissertation (MDips)--University of Pretoria, 2020.
Political Sciences
MA (Diplomatic Studies)
Unrestricted
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Wendel, Philipp. "State responsibility for interferences with the freedom of navigation in public international law /." Berlin [u.a.] : Springer, 2007. http://deposit.d-nb.de/cgi-bin/dokserv?id=2991082&prov=M&dok_var=1&dok_ext=htm.
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Berrios-Ayala, Mark. "Brave New World Reloaded: Advocating for Basic Constitutional Search Protections to Apply to Cell Phones from Eavesdropping and Tracking by Government and Corporate Entities." Honors in the Major Thesis, University of Central Florida, 2013. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1547.
Full textAbstract:
Imagine a world where someone’s personal information is constantly compromised, where federal government entities AKA Big Brother always knows what anyone is Googling, who an individual is texting, and their emoticons on Twitter. Government entities have been doing this for years; they never cared if they were breaking the law or their moral compass of
human dignity. Every day the Federal government blatantly siphons data with programs from the original ECHELON to the new series like PRISM and Xkeyscore so they can keep their tabs on issues that are none of their business; namely, the personal lives of millions. Our allies are taking note; some are learning our bad habits, from Government Communications Headquarters’ (GCHQ) mass shadowing sharing plan to America’s Russian inspiration, SORM. Some countries are following the United States’ poster child pose of a Brave New World like order of global events. Others like Germany are showing their resolve in their disdain for the rise of tyranny. Soon, these new found surveillance troubles will test the resolve of the American Constitution and its nation’s strong love and tradition of liberty. Courts are currently at work to resolve how current concepts of liberty and privacy apply to the current conditions facing the privacy of society. It remains to be determined how liberty will be affected as well; liberty for the United States of America, for the European Union, the Russian Federation and for the people of the World in regards to the extent of privacy in today’s blurred privacy expectations.B.S.
Bachelors
Health and Public Affairs
Legal Studies
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Suzuki-Jones, Maya K. "Anti-Human Trafficking Efforts: A Case Study of Argentina and Its Federal Capital." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/scripps_theses/872.
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Human trafficking is the world’s fastest growing global crime, which finally gained its due attention in the late 1990s. This thesis provides a critique of governmental anti-human trafficking efforts, in particular the U.S. Department of State’s Trafficking in Persons Report. Additionally, this thesis focuses on Argentina and its federal capital, as a case study of the effectiveness and ineffectiveness of governmental reports on human trafficking, as well as the contributions made by non-governmental anti-human trafficking efforts. This thesis argues that due to many factors, government corruption being one of the main ones, it is important to be critical of state power and the knowledge it produces surrounding the issue of human trafficking. It is also crucial that governmental anti-human trafficking efforts strengthen coordination and increase collaboration with regional and local NGOs and other non-governmental anti-human trafficking efforts, in order to more effectively fight to eliminate this transnational and international crime.
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Hartl, Jennifer Ann. "Human trafficking in the Russian Federation: an examination of the anti-trafficking efforts of the federal government, non-governmental organizations and the International Organization for Migration." Thesis, University of Iowa, 2010. https://ir.uiowa.edu/etd/682.
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This paper examines human trafficking operations in the Russian Federation as well as the efforts of the Russian government, non-governmental organizations, and the International Organization for Migration to prevent trafficking, prosecute traffickers, and provide assistance to survivors of trafficking. Russia has made considerable efforts in the past nineteen years to become a key economic player on the global stage. However, government corruption and an economy propped up by corporations entangled in the buying, selling, and exploitaiton of human beings undermines the pursuit of Great Power status. Field research conducted in Moscow in 2009 revealed that government efforts to combat human trafficking in Russia currently fall short thereby perpetuating a cycle of human trafficking, corruption, organized crime, and poverty.
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Blang, Eugenie M. "To urge common sense on the Americans: United States' relations with France, Great Britain, and the Federal Republic of Germany in the context of the Vietnam War, 1961-1968." W&M ScholarWorks, 2000. https://scholarworks.wm.edu/etd/1539623983.
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America's Vietnam War had profound ramifications beyond its immediate effect on Southeast Asia and the United States. This dissertation utilizes the debate over Vietnam between the United States and its major European allies, Britain, France, and West Germany, as an analytical framework to examine inter-allied relations. The "Vietnam problem" strained the traps-Atlantic alliance and revealed the respective self-interest of the four member nations. The British, French, and West Germans had serious misgivings about the American strategy in Vietnam, based on a differing view of the nature of the conflict and a pessimistic assessment of American chances for success in South Vietnam. Equally important, the Europeans feared that Washington might disengage from Europe and that the fighting in Southeast Asia might develop into a major, perhaps even a world war. European security hence might be dangerously undermined by further American escalation in Vietnam. According to the European powers, the Cold War should be primarily fought in Europe. Although London, Paris, and Bonn were deeply apprehensive about the American engagement in Vietnam, they failed to develop a unified policy to affect American decision-making because they were unable to transcend their nationalistic agendas. Presidents Kennedy and Johnson unsuccessfully attempted to win substantial European support for America's role in Vietnam. to the United States, Vietnam was a prime domino that could not be allowed to fall and Washington viewed European concerns as parochial and counter-productive. The essentially unilateral approach of the United States in Vietnam led to tragic failure. as a result of the Vietnam experience, Washington realized that it could not fulfill all its global obligations without the backing of its European allies. The lack of a cohesive policy toward America's engagement in Vietnam revealed inherent shortcomings in the foreign policy-making of the European nation-states, which were still guided by a nationalistic, self-interested approach. Britain, France, West Germany, and the United States painfully recognized that in order to successfully meet global challenges they needed to listen more closely to each other and develop a mutualistic policy that would better serve their shared interests as allies and friends.
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Höchstetter, Klaus. "Die offene Koordinierung in der EU : Bestandsaufnahme, Probleme und Perspektiven /." Baden-Baden : Nomos, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=015435109&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Smith, Roger. "Japan's international fisheries policy : the pursuit of food security." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670139.
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Moyo, Khulekani. "Water as a human right under international human rights law : implications for the privatisation of water services." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80062.
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Thesis (LLD)--Stellenbosch University, 2013.Bibliography
ENGLISH ABSTRACT: The worsening scarcity of fresh water resources has led to an increasing number of people without sustainable access to safe water across the globe. Water privatisation has been presented as the panacea to addressing the global water crisis. Privatisation of water has heightened the impetus for the explicit recognition of water as a human right. This dissertation seeks to establish the legal status of the right to water under international human rights law. The dissertation further attempts to ascertain the scope and normative content of such a right. In order to answer these questions, this dissertation carries out a detailed analysis of the possible legal basis, scope and normative content of the right to water under international human rights law. The principal question that arises is how a State can ensure compliance with its human rights obligations in the event of involvement of non-State actors such as private corporations in the management and distribution of water services. This dissertation‘s main hypothesis is that although privatisation of water services does not relieve the State of its legal responsibility under international human rights law, such privatisation imposes certain obligations on private actors consistent with the right to water. The dissertation goes beyond articulating normative considerations and looks at implementation at the national level by highlighting good practices on the practical implementation of the right to water consistent with the normative standards imposed by the right. The dissertation‘s key contribution is its development of an accountability model to ensure that States and private actors involved in the provision of water services have clearly designated roles and responsibilities consistent with the human right to water. If properly implemented, the model has the potential to give greater specification to the normative commitments imposed by the right to water in privatisation scenarios.
AFRIKAANSE OPSOMMING: Die verergerende skaarste van vars water bronne het aanleiding gegee tot die toename in die hoeveelheid mense sonder volhoubare toegang tot veilige water oor die hele aarde. Dit word aangevoer dat die privatisering van water die wondermiddel is om die globale water krisis aan te spreek. Die privatisering van water het aanleiding gegee tot 'n verskerpte aandrang om water uitdruklik te erken as 'n mensereg. Hierdie proefskrif poog om die regsstatus van die reg tot water te vestig binne die raamwerk van internasionale menseregte. Die proefskrif probeer verder om vas te stel wat die omvang en normatiewe inhoud van so 'n reg sal wees. Vervolgens voltrek hierdie proefskrif 'n uitvoerige analise van die moontlike regsbasis, omvang en normatiewe inhoud van die reg tot water binne die raamwerk van internasionale menseregte. Die vernaamste vraag wat opduik is hoe 'n Staat kan verseker dat sy menseregte verpligtinge nagekom word waar nie-Regeringsrolspelers soos korporasies betrokke is by die bestuur en distribusie van waterdienste. Die kern hipotese van hierdie proefskrif is dat alhoewel die privatisering van waterdienste nie die Staat verlig van sy regsverpligtinge in terme van internasionale menseregte nie, sodanige privatisering sekere verpligtinge aan privaatrolspelers voorskryf wat in lyn is met die reg op water. Hierdie proefskrif gaan verder as die artikulering van normatiewe oorwegings en kyk ook na die implementering op nasionale vlak deur goeie praktyke uit te lig met betrekking tot die prakiese implementering van die reg tot water wat konsekwent is met die normatiewe standaarde wat die reg voorskryf. Die kern bydrae van hierdie proefskrif is die ontwikkeling van 'n aanspreeklikheismodel wat versker dat Regerings en privaat rolspelers wat betrokke is by die voorsiening van waterdienste duidelik aangewysde funksies en verantwoordelikhede het wat in lyn is met die reg tot water. Indien hierdie model behoorlik implementeer word, het dit die potensiaal om grooter spesifikasie te gee aan die normatiewe verpligtinge wat deur die reg tot water voorgeskryf word in privatiserings scenarios.
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Al-Harbi, Ibrahim Sulaiman. "Democracy in Islamic and international law : a case study of Saudi Arabia." Thesis, Brunel University, 2010. http://bura.brunel.ac.uk/handle/2438/4522.
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Following the rise of Islamic fundamentalism, Muslim nations have been placed in the spotlight of international debate; the prevailing understanding is that democracy and Islam are fundamentally incompatible. This verdict is particularly damning in light of the trend in International Law which, since the collapse of communism in Eastern Europe, has equated democracy with human rights. Yet, a thorough analysis of the debate, taking into account the historical and theoretical bases of liberal democracy — the cultural, legal, and political development of Islam, and the extent to which the politics of Islamic countries represents the politics of Islam — reveals that democracy and Islam are, in fact, fundamentally compatible. In practice, Islamic Law can be applied alongside developments in democratic representations and human rights, whilst popular perceptions of Islam as inhibiting development in human rights are often unfounded, as can be demonstrated by examining the case of Saudi Arabia.
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Heaton, John Ricou. "Civilians at war reexamining the status of civilians accompanying the armed forces /." View thesis, 2004. http://handle.dtic.mil/100.2/ADA425026.
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Thesis (LL. M.)--George Washington University, 2004.Title from title screen (viewed Sept. 9, 2005). "May 23, 2004." "ADA425026"--URL. Includes bibliographical references. Also issued in paper format.
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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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