Dissertations / Theses on the topic 'International and municipal law – Great Britain'
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1
Keefer, Scott Andrew. "Great Britain and naval arms control : international law and security 1898-1914." Thesis, London School of Economics and Political Science (University of London), 2011. http://etheses.lse.ac.uk/319/.
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This thesis traces the British role in the evolution of international law prior to 1914, utilizing naval arms control as a case study. In the thesis, I argue that the Foreign Office adopted a pragmatic approach towards international law, emphasizing what was possible within the existing system of law rather than attempting to create radically new and powerful international institutions. The thesis challenges standard perceptions of the Hague Peace Conferences of 1899 and 1907 which interpreted these gatherings as unrealistic efforts at general disarmament through world government, positing instead that legalized arms control provided a realistic means of limiting armaments. This thesis explores how a great power employed treaties to complement maritime security strategies. A powerful world government was not advocated and was unnecessary for the management of naval arms control. While law could not guarantee state compliance, the framework of the international legal system provided a buffer, increasing predictability in interstate relations. This thesis begins with an account of how international law functioned in the nineteenth century, and how states employed international law in limiting armaments. With this framework, a legal analysis is provided for exploring the negotiations at the Hague Conferences of 1899 and 1907, and in the subsequent Anglo-German naval arms race. What emerges is how international law functioned by setting expectations for future behaviour, while raising the political cost of violations. Naval arms control provided a unique opportunity for legal regulation, as the lengthy building time and easily verifiable construction enabled inspections by naval attachés, a traditional diplomatic practice. Existing practices of international law provided a workable method of managing arms competition, without the necessity for unworkable projects of world government. Thus failure to resolve the arms race before 1914 must be attributed to other causes besides the lack of legal precedents.
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Frei, Gabriela A. "Great Britain, international law, and the evolution of maritime strategic thought, 1856-1914." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:306f9554-9b0a-4d0e-938e-9a5b515d7c6e.
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Harfield, Clive Geoffrey. "Process and practicalities : mutual legal assistance and the investigation of transnational crime within the EU from a UK perspective, 1990-2004." Thesis, University of Southampton, 2004. https://eprints.soton.ac.uk/194559/.
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Domestic criminal law helps define State sovereign identity. Over the past fifty years some criminality has become increasingly transnational in character. In the absence of a universal criminal code (as opposed to specified international crimes), States apply municipal law to prosecute offences of a transnational nature relying on mutual legal assistanceto secure evidence located outside the prosecuting State. A comparatively late contributor to the development of mutual legal assistance the UK now seeks to influence the work of the EU in developing a legal framework upon which to base mutual legal assistance and enhanced international law enforcement co-operation. The course of this developmentis outlined. This thesis examines through questionnaire and interview data, investigator and prosecutor experience of mutual legal assistance mechanisms in gathering of evidence from abroad for use at trial in England and Wales. Comparisons are made with data from an earlier survey of UK police (1996) and with an evaluation of mutual legal assistance administrative mechanisms within the EU (1999-2001) in order to identify changes in investigator experiences since the EU began to drive the strategic development of regional international law enforcement co-operation with the Treaty of Amsterdam and to assess whether politicians and administrators are delivering the solutions needed by investigators working across national borders. Set within the legislative context of the Criminal Justice (International Co-operation) Act 1990, the data indicate that neither this regime nor the emerging EU framework were addressing all practitioner concerns. Political responsesto the New York terrorist attacks of September 2001, which occurred during data gathering for this thesis, accelerated legislative construction in the UK and the EU. Updated to include discussion of these changes (some still not yet entered into force), the thesis now provides a benchmark against which to assess their impact in due course.
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Bieker, Eva. "Die Interventionen Frankreichs und Grossbritanniens anlässlich des Frankfurter Wachensturms 1833 eine Fallstudie zur Geschichte völkerrechtlicher Verträge /." Baden-Baden : Nomos Verlagsgesellschaft, 2003. http://books.google.com/books?id=mNPiAAAAMAAJ.
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Qi, Jing. "Britain's drug-pushing activities in China : the two opium wars from the perspective of their lawyers and legal advisors." Thesis, University of Aberdeen, 2012. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=192187.
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In this study, the first clashes between Western explorers and the Far East, as well as relations between Britain and China from the eve of the First Opium War (FOW) to the establishment of the British diplomatic residence in Beijing under the treaty regime, have been discussed from a legal point of view. This thesis provides a look at the circumstances of Britain’s encounter with China, their defeat of China through two Opium Wars and their use of unequal treaties to put China into a position of disadvantage. A study of British archives demonstrates the complexity of, and nuance in international law between China and the West from the 1830s to 1860. British national archives allow investigation of the legal perspective on the issues around the opium trade and the way in which it led to the FOW. The archives also shed light on the Second Opium War (SOW) and on the Western acquisition of privileges through the unequal treaties signed at the end of both wars. In its relations with China, Britain left behind the rules and practices which they recognised as the contemporary law of nations and instead, whenever the British financial and economic interest was affected, resorted to force. This paper’s purpose is to show the limitation, according to Chinese Confucian thought, of the self-perception of the Western conception of law and the justice. In fact, this thesis will also show how some British legal advisors and politicians took the side of China and how they argued that Britain had violated the principles of international law. They recognised that China was a sovereign nation and that international law applied in its relations with Britain. Thus this study uncovers aspects of history of international law in the 19th century neglected because of the later prospering of racial theories.
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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.
7
Simon, Joanna. "Preventive terrorism offences : the extension of the ambit of inchoate liability in criminal law as a response to the threat of terrorism." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:d60038d1-fc76-4845-8ea9-3f6e2c58129e.
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The aim of this thesis is to assess the justifications for various extensions of the criminal law introduced to combat terrorism, in particular those extensions that go beyond the existing remit of inchoate offences and extend liability to earlier acts and intentions. Its method is to begin by exploring the principles of criminal law theory that ought to apply to such extensions; to interrogate the definition of terrorism; and then to examine four recent classes of offence in counter-terrorism legislation that extend the criminal law beyond its legitimate boundaries. These offences are collectively referred to in this thesis as 'preventive terrorism offences' to reflect the fact that the primary rationale for their enactment is to prevent terrorism. The thesis concludes by assessing the place of these offences within the government's overall counter-terrorism strategy, focusing in particular on the Prevent leg of the strategy, which aims to reduce extremism and tackle the root causes of terrorism. The preventive terrorism offences display several very troubling features, most notably that they have the potential to criminalise non-wrongful conduct. It is argued that by virtue of their ability to criminalise non-wrongful conduct the offences under examination diminish the legitimacy and moral force of the criminal law. Furthermore, by extending inchoate liability to very remote acts of preparation, possession, encouragement, and association, the criminal law occupies the same operational space as measures under the Prevent strategy that are intended to be reintegrative. This overlap has the potential to render the offences counterproductive to the larger counter-terrorism endeavour by creating the perception that the Prevent strategy is in fact a covert surveillance mechanism to gather intelligence for future prosecutions. This perception leads to further mistrust and alienation of individuals and communities who feel disproportionately targeted by these measures. Thus, the offences not only offend criminal law principles and values, but also have the potential to offend the very preventive justification that is given for their enactment.
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Orchard, Philip. "A right to leave : refugees, states, and international society." Thesis, University of British Columbia, 2008. http://hdl.handle.net/2429/1261.
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This dissertation investigates regime-based efforts by states to cooperate in providing assistance and protection to refugees since 1648. It argues from a constructivist perspective that state interests and identities are shaped both by other actors in the international system - including norm entrepreneurs, non-governmental organizations, and international organizations - and by the broader normative environment. Refugees are a by-product of this environment. Fundamental institutions - including territoriality, popular sovereignty, and international law - formed a system in which exit was one of the few mechanisms of survival for those who were religiously and politically persecuted.
This led states to recognize that people who were so persecuted were different from ordinary migrants and had a right to flee their own state and seek accommodation elsewhere. States recognized this right to leave, but did not recognize a requirement that any given state had a responsibility to accept these refugees. This contradiction creates a dilemma in international relations, one which states have sought to solve through international cooperation.
The dissertation explores policy change within the United States and Great Britain at the international and domestic levels in order to understand the tensions within current refugee protection efforts. Three regimes, based in different normative understandings, have framed state cooperation. In the first, during the 19th century, refugees were granted protections under domestic and then bilateral law through extradition treaties. The second, in the interwar period, saw states taught by norm entrepreneurs that multilateral organizations could successfully assist refugees, though states remained unwilling to provide blanket assistance and be bound by international law. These issues led to the failure of states to accommodate Jewish refugees fleeing from Germany in the 1930s. The third, since the Second World War, had a greater consistency among its norms, especially recognition by states of the need for international law. Once again, this process was shaped by other actors, including the United Nations High Commissioner for Refugees (UNHCR). This regime has been challenged by increased refugee numbers and restrictions on the part of states, but its central purpose remains robust due to the actions of actors such as the UNHCR.
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Howells, Gary. "Emigrants and emigrators : a study of emigration and the New Poor Law with special reference to Bedfordshire, Northamptonshire and Norfolk, 1834-1860." Thesis, University of Leicester, 1996. http://hdl.handle.net/2381/35558.
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Buchsbaum, Robert Michael III. "The Surprising Role of Legal Traditions in the Rise of Abolitionism in Great Britain’s Development." Wright State University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=wright1416651480.
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MURKENS, Jo Eric Khushal. "Contested constitutional concepts : state, constitution, sovereignty in Germany and the United Kingdom, and the European challenge." Doctoral thesis, 2005. http://hdl.handle.net/1814/4721.
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Defence date: 24 September 2005Examining board: Prof. Neil Walker, European University Institute (supervisor) ; Prof. Bruno De Witte, European University Institute ; Prof. Carol Harlow, London School of Economics and Political Science ; Prof. Stefan Oeter, University of Hamburg
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
12
O'NEILL, Aidan. "The impact of the European Court of Justice on the constitutional order of the United Kingdom." Doctoral thesis, 1992. http://hdl.handle.net/1814/5660.
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DRABKIN-REITER, Esther. "The Europeanisation of the law on legitimate expectations : recent case law of the English and European Union courts on the protection of legitimate expectations in administrative law." Doctoral thesis, 2015. http://hdl.handle.net/1814/40324.
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Award date: 30 November 2015Supervisor: Professor Loïc Azoulai, European University Institute
This thesis considers the Europeanisation of English administrative law, in the specific context of the principle of protection of legitimate expectations. It assesses whether, how and to what extent the way in which the way in which legitimate expectations are protected in EU law has influenced the protection of legitimate expectations in English law. To make this assessment, a thorough analysis is conducted of case law in both jurisdictions. The thesis is structured into five main Chapters. Chapter A provides an introduction and looks at some general issues surrounding the concept of legitimate expectation, including which expectations are protectable and what is meant by legitimacy. Chapter B traces the development of the protection of legitimate expectations in English and EU law, and considers certain particular features in more detail for each jurisdiction, with the aim of establishing some parameters against which more recent case law can be tested and compared. In Chapter C an in-depth analysis of recent case law of the English courts, both falling within and outside the scope of EU law, is undertaken, and comparisons are drawn between these cases and with the traditional position of EU law on the protection of legitimate expectations. Chapter D contains a similar analysis in respect of recent cases of the Court of Justice of the European Union. Finally, Chapter E draws these analyses together and concludes that while there is limited convergence in the way English and EU courts approach the protection of legitimate expectations, both jurisdictions remain wary of external influence.
14
"Hegemonic decline: Great Britain, the United States, and steel." Tulane University, 1993.
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The purpose of this study is to add to ongoing research in the field of international political economy, particularly to explanations of how economic policy is made. It responds to calls for less research regarding systemic theories, which currently dominate explanations of state behavior, and more research on how domestic variables affect a country's foreign economic policy. System centered approaches treat states as unitary decision makers and stress a country's relative position in the international system of states as the primary influence on its behavior. This research takes a 'politicized state-centric' approach, which contends that policy is created and destroyed at the state level, but is influenced by ideology, past experience, and various interest groups The study provides explanations for two time periods that can not be explained by the theory of hegemonic stability (currently the most popular systemic theory): the 1920s and 1930s in Great Britain and the 1960s in the United States. This study was narrowed to the steel industry because of its economic importance and the fact that both countries' policies toward steel reflect patterns in their general economic policies during the two key periods under discussion. Finally, the study contributes to cognitive theories on how a population's ideologies, values, beliefs, and available knowledge affect state behavior. Overall, the British case study gives insight into the American experience, and both studies have implications for the position of liberal states in a world of protectionism The conclusion finds many variables that affect the way states behave. These include: ideology and past policies; individualism; public opinion; past relationships between labor, industry, and government; the organization of industry, its economic importance, and past activities; interest group activity; party politics; the bureaucracy; the state of the economy; the political system; the will and capacity of a country to carry out policies; the complexity of the attempted policies; the country's position in the international system and its international economic and political concerns; the policies of other countries and their number and relative power; and the status of war and independence between statesacase@tulane.edu
15
Webber, Craig William Alec. "The decline of dualism: the relationship between international human rights treaties and the United Kingdom's domestic counter-terror laws." Thesis, 2012. http://hdl.handle.net/10500/10348.
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In the first half of the 20th Century, the United Kingdom’s counter-terror laws were
couched extremely broadly. Consequently, they bestowed upon the executive
extraordinarily wide powers with which it could address perceived threats of
terrorism. In that period of time, the internal affairs of any state were considered
sacrosanct and beyond the reach of international law. Consequentially, international
human rights law was not a feature of the first half of the 20th Century.
Following the war, however, international human rights law grew steadily, largely
through the propagation of international treaties. As the 20th Century progressed, the
United Kingdom became increasingly involved in international human rights law,
particularly by way of the ratification of a number of treaties. Prior to the year 2000,
none of these treaties had been directly incorporated into the United Kingdom’s
municipal law. The traditional Dualist understanding of the relationship between
international treaty law and municipal law in the United Kingdom, would hold that
these unincorporated human rights treaties would form no part of that state’s domestic
law.
This Dualist assumption is called into question, however, by a legislative trend which
neatly coincides with the United Kingdom’s increased involvement with international
human rights. This trend consists of two elements, firstly, the progressively plethoric
and specific ways in which the United Kingdom began to define its anti-terror laws.
The specificity in which this legislation was set out curtailed the executive’s powers.
The second element is that, over time, the United Kingdom’s counter-terror laws
increasingly began to include checks and balances on the executive. There is a clear
correlation between these trends and the United Kingdom’s evolving relationship with
international human rights law. That nation’s enmeshment with international human
rights law from 1945 onwards is undeniably linked with the parallel evolution of its
domestic counter-terror laws.
v
One of the grounds on which the status of international law is questioned is that it is
ineffectual. This thesis calls such arguments into question, as it shows that
international human rights treaties have meaningfully impacted on the United
Kingdom’s evolving counter-terror laws and thereby successfully enforced the norms
they advocate.Public, Constitutional, & International
LL.D.
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Vambe, Beauty. "A comparative analysis of cancellation, discharge and avoidance as a remedy for breach of contract in South African law, English law and the Convention for International Sale of Goods (CISG)." Diss., 2016. http://hdl.handle.net/10500/21717.
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The aim of the thesis was to critically compare termination of contracts in South Africa,
England and the CISG. It was found out that South Africa prefers to use the term cancellation
because it is a remedy of last resort. The problem with cancellation is that is a drastic step of
bringing the transaction to an abrupt and premature end, which is only used when a material
breach occurs. English law uses the term discharge as it refers to the ending of the obligations
under the contract when a breach occurred and represents the point at which one party is no
longer bound by its’ contractual obligations and claims damages. Chapter 3 argued that
though discharge goes beyond cancellation it does not cater for diverse domestic rules which
need uniform international laws. Chapter 4 discussed and argued that avoidance is a term that
was chosen by the CISG to end a contract when a fundamental breach occurs. There were
problems on interpretation of terms and use of diverse domestic rules. The advantage of the
term avoidance is that it is a technical term adopted and given a uniform meaning in the
CISG where interpretation of terms and diverse domestic rules did not apply. Avoidance
furthermore comprised concepts of rescission and termination. From the above it was argued that South Africa needs to develop new terms for termination of a contract and create new laws along the lines of the CISG.Private Law
LL. M.
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Kok, Rudie. "The localisation of breach of contract in the context of jurisdiction – a comparative study of English and South African law with specific reference to the role of the Incoterms of the International Chamber of Commerce." Thesis, 2014. http://hdl.handle.net/10210/11020.
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LL.M. (International Commercial Law)The main exploration of this paper is whether a breach of contract as a ground for jurisdiction is sufficient for a court in England or South Africa to exercise jurisdiction. This question seems straightforward in England, but not so much in South Africa. England enacted their Civil Procedure Rules to make provision for a court to exercise jurisdiction when a plaintiff who is in England wants to sue a foreign defendant in England.1 The breach of contract must occur in the jurisdiction before an English court will permit service out of the jurisdiction. South Africa’s laws on jurisdiction are derived from Roman law.2 A foreign peregrinus may sue in South Africa either where the incola is domiciled or resident or where the cause of action arises. Breach of contract is allowed in this circumstance. It is necessary for an incola plaintiff to attach property of a foreign peregrinus defendant when he wants to sue the foreign peregrinus in a South African court. This may be done where the attachment founds jurisdiction of the court, ie where the incola sues in the area where he is domiciled or resides, or where the attachment confirms the jurisdiction of the court, ie where the cause of action arises. The cause of action in relation to contracts includes the conclusion of the contract or the performance of the contract in the jurisdiction if the plaintiff sues where the cause of action arises and not where the plaintiff is domiciled or resident. The matter of whether a breach of contract can be regarded as a ratio jurisdictionis is seldom approached by South African courts. In Natal, courts allowed attachment of the defendant’s properties where there were no rationes jurisdictionis...
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BROWN, Rory Stephen. "Fighting monsters: the Anglo-American alliance against terror." Doctoral thesis, 2009. http://hdl.handle.net/1814/12020.
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Defence date: 28/04/2009Examining Board: Professor Francesco Francioni, European University Institute (Supervisor); Professor Philip Allott, Trinity College, Cambridge University; Professor Stephen Holmes, New York University; Professor Martin Scheinin, European University Institute
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Against the backdrop of the Anglo-American alliance against terrorism, and with particular reference to four of its most controversial means (indefinite detention, torture, targeted killing, and pre-emptive self-defence), this argument advocates a particular conception of law, which, the author suggests is honest, brave, and prudent. It is honest about the hollow nature of the promises made by America and Britain; it distinguishes law proper from political rhetoric and flimsy constitutional guarantees. It is brave enough to face up to the tyrannical methods we adopted, and to admit that, yes, torture, rather than being unlawful, was part of our law for a time. It is prudent not by endorsing these controversial means (as professed realists contend is necessary) but first by revealing how such brutality surreptitiously stole into our strategies and, second, by making a cogent argument that, contrary to received wisdom, we need not become monstrous to fight monsters; that morality and self-interest, military expediency and humanitarian considerations, are, more often that might initially appear, in concert. To make this argument, to evidence that the understanding of law suggested is desirable, the author ventures out of the village of legal method, casting off the shackles of genre; he draws on history, political theory, social anthropology, religion and philosophy to describe and interpret what went wrong in the 'war on terrorism', and then to indicate how that war might better be fought in the future. He discusses a wide-range of topics; including language, image, war, crime, liberty, security, rationality, amity, enmity, identity, sex, terror, perversion, temporality, spirituality, sublimity, economy, hegemony, and finally, parliaments, the press and the public man. The public man comes last because it is the essence of this argument that his responsibility for the quality of the laws and policies by which he is governed is great; that he must hold himself to account for the integrity, vitality, and, ultimately, the continued existence of liberal democracy.
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JONES, Emma L. "Protecting the unprotected worker? : the re-regulation of agency work." Doctoral thesis, 2004. http://hdl.handle.net/1814/4667.
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Defence date: 15 January 2005Examining board: Prof. Silvana Sciarra (Supervisor, European University Institute) ; Prof. Marie-Ange Moreau (European University Institute) ; Prof. Bob Hepple (University of Cambridge) ; Prof. Alan C. Neal (University of Warwick)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017