Dissertations / Theses: 'International Center for Law in Development'

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Randis, Justas. "Definition of investment in International Centre for Settlement of Investment Disputes: criterion of the contribution to the economic development of the host state." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140603_135341-71455.

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The Master Thesis are dedicated to the analysis of the interrelationship of the term „investment“ of Article 25(1) of the ICSID convention and criterion of the contribution to the development of the host state, which is argued to be part of the definition of investment. The aim of this paper is to draw a map for a legal practitioner, of ways of application and non-application of the criterion of the contribution to the development of the host state. Analysis provided in the Master Thesis explaines how and why the criterion of the contribution to the development of the host state may be applied or not applied within the three divergent approachres to the term „investment“ Article 25(1) of the ICSID convention: the subjective approach, the autonomous objective approach and the autonomous intuitive approach.
Paradoksalu, tačiau net po beveik penkiasdešimties metų sėkmingo veikimo Pasaulio banko įsteigtame tarptautiniame užsienio investicijų apsaugos režime vis dar nesutariama dėl pačios termino „investicija“ sąvokos. 1965 m. Konvencijos dėl valstybių ir kitų valstybių piliečių ginčų investicijų srityje sprendimo (toliau – ICISD konvencija) 25(1) straipsnis įtvirtina investicijos terminą kaip jurisdikcinį kriterijų, tačiau jo neapibrėžia. Tai sąlygoja skirtingą termino „investicija“ interpretavimą tarp jį taikančių arbitražinių tribūnolų. Nagrinėjant investicijos terminą įdomu tai, jog tarp įvairių šiam terminui apibrėžti taikytų kriterijų yra vienas kriterijus išsiskiriantis savo kontraversiškumu. Tai prisidėjimo prie ekonominio valstybės vystymosi kriterijus. Atsižvelgus į šį kontroversiškumą, šio baigiamojo magistro darbo tikslu tapo noras sukurti aktualų žemėlapį, kuriame atsispindėtų būdai įtraukti arba pašalinti minėtą potencialų investicijos kriterijų iš investicijos termino sąvokos.

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St, John Taylor. "The power of modest multilateralism : the International Centre for Settlement of Investment Disputes (ICSID), 1964-1980." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:aeca5b93-4493-4b75-9654-182a2c76e62a.

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In 1965, amid antagonism between capital-importing and capital-exporting states over investment protection, the World Bank created ICSID. ICSID facilitates the resolution of disputes between foreign investors and states. Since major initiatives to create investment rules have failed within the UN and OECD, ICSID is the only successful attempt to create a multilateral, inter-state organization dedicated to investment. This thesis probes the intellectual, political, and economic forces behind the creation and early development of ICSID. This study combines archival work, oral histories, and interviews with econometric work. On this basis, it illuminates how ICSID's creators-mainly staff in the World Bank's Legal Department-adapted their ideas to suit the charged political context. When disseminating the idea of ICSID to states, they relied on ambiguity, expertise, and incrementalism. These three characteristics constitute an approach to organization building that I term "modest multilateralism" since the World Bank's President praised ICSID as "a modest proposal." By illustrating how this approach operated in ICSID's case, I generate insights that are applicable to other international organizations. ICSID's creation differs from the expectations of institutionalist IR theory in important ways. First, there was little state leadership, and ICSID's founding Convention is devoid of substance-it merely outlines a procedure. In this way, it takes the idea of ambiguity to its extreme. Second, ICSID's founders took steps to shield the organization from the politics of investment protection: they asked states to send legal experts, not elected representatives, and avoided deliberative debate. Third, ICSID's design was explicitly evolutionary. ICSID can operate alongside changing substantive rules-multilateral, bilateral, or domestic. Finally, contrary to previous accounts, in this thesis the ICSID Secretariat emerges as a dynamic agent. The Secretariat actively pursued ratifications and advance consents to investor-state arbitration. The creation of ICSID fostered a community of practice, which subsequently redefined international investment law through treaty making and arbitral practice.

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Zulu, Nancy Mwansa. "International development law : declaratory, aspirational and positive." Thesis, University of Buckingham, 2015. http://bear.buckingham.ac.uk/95/.

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This thesis considers the different understandings of what 'law' is and applies this to the specific area of international development law. Two central questions are addressed. Firstly, what is the basis of international development law? Put another way, in what sense can international development law be spoken of as 'real' or 'true' law? Secondly, and a precursor to the first question is the question of what is 'real' law. The following preliminary questions are also addressed: what is 'international development law'? What are the sources of international development law? Who formulates international development law? What characteristics or criteria can one use to identify law and thus identify international development law as true law? Paralleling growth of new areas of international law, and aspiring to a 'hard law', is a growing body of international development law. After World War II a distinct body of international development law emerged fostered by the newly independent countries of Africa and Asia. Despite the continued relevance of the legal aspects of the new international economic order (NIEO) debate of the 1970s, and the growing body of instruments, there is a dearth of current literature on the notion of international development law and its legal validity. This thesis addressed this gap. The questions are approached through a multiple grid of legal understandings. The thesis considers what stands as law in the positivist tradition, in the natural law or aspirational law tradition, and in the more recent tradition of legal process. Each of the types of law considered shows the different bases and varying status of international development law. Taken together, these also show the emergence of a legal structure consisting of norms, principles and rules. All this also points to increasing legalization of international development with a discernible movement towards hard law.

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Oleschak, Rekha. "The international law of development-induced displacement /." Table on contents, 2009. http://aleph.unisg.ch/hsgscan/hm00231710.pdf.

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Addo, M. K. "The implications for some aspects of contemporary international economic law of international human rights law." Thesis, University of Essex, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.378354.

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Zapata, Lugo Jose Vicente. "Sustainable development : a role for international environmental law." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26232.

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This study portrays the vital role that sustainable development has in environmental protection. It is argued that, due to an unnecessary polarization of efforts, the success of sustainable development has been rather limited. Thus, after surveying the tension between the ecological, economic development and ethical dimensions of the concept, the author demonstrates the balancing role that international environmental law can have. Two hypotheses, the hypothesis of "concavity" and that of "convexity", are presented to contribute to a more appropriate understanding of the concept. A survey of international environmental agreements and instruments is undertaken in order to present sustainable development as a field in itself.
It is further argued that sustainable development has not succeeded in enhancing environmental protection because of the erroneous efforts made to reduce it from a field of international environmental law to a norm of international environmental law. States, communities and individuals should be more concerned with developing new and firm principles in the field of sustainable development. These principles would eventually become the new norms of international and national law and thus, the cornerstone of an era of environmental protection that does not impinge upon the development that humankind is dependent upon.

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Ellis, Jaye. "Soft law as topos : the role of principles of soft law in the development of international environmental law." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=37857.

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This dissertation addresses the impact of principles of soft law on the development of international regimes for environmental protection. It focuses on three such principles that have attracted a certain degree of consensus in international environmental law and are therefore influential in international environmental regimes: namely, the principle of common but differentiated obligations; the principle of common heritage of mankind and its corollary, the principle of common concern of humankind; and the precautionary principle. The regimes analysed are the Antarctic regime, the regime for control of trade in endangered species, the regime for protection of the stratospheric ozone layer, and the emerging regime governing conservation and management of straddling fish stocks. It is argued that these principles influence normative development in international environmental regimes through processes of discourse in which participants, both state and non-state actors, seek to determine the rules by which their mutual relations will be governed and their common interests protected. Such discourse also connects the evolution of legal rules with a broader set of concerns relating to the interest of human communities in achieving a certain level of environmental protection. In this respect, the legal rules may be contemplated within a moral framework in which members of international society seek to determine what they ought to do with respect to global environmental protection.

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Mekonin, Abere. "Human Rights and Sustainable Development Law : Sustainabale Development Law :The Path to Sustainable Peace." Thesis, Linnaeus University, Linnaeus School of Business and Economics, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-6568.

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This paper considers the fast changing developments and changes in relation to sustainable development law with its three pillars, and the needs of international development. The focus of the analysis is on the connection between international economic, international social and international environmental law which constitute sustainable development law at their intersection point, and will show how they can be the paths to sustainable peace. As sustainable development law is emerging as international concern, the qualitative approach of this paper will show its pillars separately and their connection under different conditions. This paper also demonstrates that this approach is gaining ground in the literature, and it contends that it is a more appropriate way of addressing the problems of economic, social and environmental. In support of this argument, the paper looks initially how sustainable development law fits to be the path to sustainable peace within the contemporary world which is full of economic, social and environmental conflicts. Secondly, it provides a theoretical framework how sustainable development law with its pillars can lead the world to sustainable peace. Thirdly, the three pillars, (-international economic law, international social law and international environmental law-), will be elaborated in relation to their intersection and sustainable development law.

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Kazemi, Abadi Alireza. "Reaffirmation and development of customary international humanitarian law by international criminal tribunals." Thesis, King's College London (University of London), 2017. https://kclpure.kcl.ac.uk/portal/en/theses/reaffirmation-and-development-of-customary-international-humanitarian-law-by-international-criminal-tribunals(df866a57-9959-4706-888e-737e75e68d2b).html.

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The codifying of international humanitarian law (IHL) that began in the mid-nineteenth century has not diminished the importance of customary international humanitarian law (CIHL), at least, in filling the gaps between the needs of the victims of armed conflicts and the inadequacies of conventional law. This is fully reflected in the case-law of international criminal tribunals (ICTs) where customary law has been extensively applied in areas that are not sufficiently regulated by treaty provisions or where the parties to armed conflicts were not parties to similar treaties. This study mainly focuses on the contributions of the judicial decisions of the ICTs to the current state of CIHL. It examines how the decisions have reaffirmed certain rules of CIHL or, when applicable, how they have influenced the subsequent development of CIHL. It also seeks to analytically study the rules of IHL identified as customary in the decisions of ICTs. In the course of research, the customary definition of non-international armed conflicts (NIACs), tests for determining internationalized armed conflicts, customary content of war crimes, and their application to NIACs are discussed in greater details. It is argued that the ICTs contribute to customary rules by way of reaffirmation and development. They develop CIHL through judicial interpretation or practical application of existing laws to new cases. CIHL has the advantages of flexibility in formation and universality in application. The case-law of ICTs, however, clearly reveals that the prime advantage of CIHL is its constituent elements and the prerogative that the ICTs can exercise in identifying customary rules. The ICTs deliberately choose combinations of the elements of opinio juris and State practice to draw the rules that they consider to be suitable for protecting the victims of armed conflicts. The methodology has been occasionally criticized to be ultra vires law-making. This research shows that the methodology is still definable in the positivist views to international law-making, though they have managed to develop CIHL beyond its traditional boundaries to cover areas of IHL, such as NIACs where States have been traditionally reluctant to develop.

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Dawidowicz, Martin Henry. "Public law enforcement for international law : the development of third-party countermeasures." Thesis, University of Cambridge, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.611767.

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Wu, Qiongbing The school of banking &amp finance UNSW. "International finance: issues related to law and financial development." Awarded by:University of New South Wales. The school of banking and finance, 2006. http://handle.unsw.edu.au/1959.4/23416.

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This dissertation examines three distinctive issues that concern the regulators and policy makers in the development of financial markets. It contains three stand-alone research projects within the context of law, finance and economic growth. Chapter 2 examines the dynamic relationship between banks and economic growth from the points of view of market efficiency and asset pricing theory. Publicly traded banks are broadly representative of a country???s banking sector, so that banking industry stock prices will broadly reflect the performance of a country???s banking sector. Because previous research has established that the institutional framework, as well as the aggregate size, of the banking sector can significantly affect economic growth, this chapter investigates whether the stock returns on a country???s banking sector contain information about future economic growth, and whether the specific country and institutional characteristics that affect the functioning of the banking system and market efficiency also influence this relationship. Using the data from 18 developed and 18 emerging markets, the chapter finds a significant and positive relationship between bank excess return and future economic growth in both the time-series and panel analyses. The chapter also finds that this positive relationship is significantly strengthened by the enforcement of insider trading law, by banking crises, by bank disclosure regulations and financial development, but is weakened by government ownership of banks. Chapter 3 investigates the role of bank idiosyncratic volatility in economic growth and systemic banking crises. Using the same dataset from Chapter 2, this chapter finds an ambiguous relationship between bank volatility and economic growth in the time-series studies, which suggests that the effect of bank volatility on economic growth is more country-specific. In the panel analyses, the chapter finds a negative but very weak relationship between bank volatility and future economic growth. This negative relationship is magnified by banking crises and bank disclosure standards, but is alleviated by the government ownership of banks, the enforcement of insider trading law and financial development. The chapter goes further to examine whether bank volatility leads to the occurrence of systemic banking crises, and finds that the marginal effect of bank volatility on the probability of banking crises is very weak for the sample of all markets, and this result is mainly driven by the data from the emerging markets. However, bank volatility is a significant predictor of banking crises even after being controlled for macroeconomic indicators, which implies that market forces are more powerful in promoting the soundness of the banking system in developed markets. We also find that those macroeconomic and banking risk management indicators have different impacts on the probability of banking crises for the emerging and developed markets. Therefore, caution needs to be taken in interpreting the cross-country results of the studies on banking crises. Chapter 4 studies the corporate governance issues in China, a significant developing country that has been neglected by the current law and finance literature. Incorporated with the legal environment and ownership structure of China???s listed companies, the chapter develops a simple game model to study a neglected aspect of current corporate governance literature: the expropriation arising from the mixture of weak investor protection, ownership concentration coexisting with ownership dispersion, and the absence of a controlling shareholder. The last two chapters find that government ownership undermines the positive link between bank excess return and economic growth, but alleviates the negative impact of bank volatility on growth as well. This chapter shows that government ownership is also a two-edged sword in corporate governance in China: it leads to a double-agency problem; however, the strong legal protection of State assets also increases the cost of expropriation. Using the data from 1996 to 2003, the chapter finds the empirical evidence consistent with the model. By analysing the puzzles in China???s stock market, the chapter suggests that improving the legal protection of investors is the key issue in the future development of the financial market.

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Nishiumi, Maki. "Development and Democracy from a Viewpoint of International Law." Center for Asian Legal Exchange, Graduate School of Law , Nagoya University, 2005. http://hdl.handle.net/2237/20119.

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French, Duncan Adrian. "International law and the sustainable development of developing states." Thesis, Cardiff University, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.403037.

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Bradlow, Daniel David. "Doctoral degree by virtue of publications : international development law." Thesis, University of Pretoria, 2010. http://hdl.handle.net/2263/23630.

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Messenger, Gregory. "The development of WTO law in light of transnational influences : the merits of a causal approach." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:2b2214c2-6e83-44cd-bc07-bd0bf2999dc8.

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The WTO is one piece in a complex network of international, regional and domestic legal systems and regulatory frameworks. The influences on the development of WTO law extend far beyond its own Members and institutions: domestic legal instruments have provided the inspiration for numerous WTO obligations while the rights and obligations under the covered agreements are frequently incorporated into the legal systems of the Membership. The WTO is home to numerous committees and working groups that also engage with other international bodies and their domestic counterparts. Transnational actors seek to take advantage of these networks, encouraging WTO law to develop in their favour. The interactions involved, however, are highly complex and unpredictable. By drawing on different models of causal explanation, it is possible to offer a perspective on the development of WTO law that accepts its role as part of a larger globalized process. Three different causal influences are identified: instrumental, systemic and constitutive. Together, they offer a prism through which to examine the development of WTO law as it responds to the behaviour of transnational actors, bridging gaps between international relations and law and, it is hoped, offering a convincing explanatory rationale for the way in which WTO law develops.

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Swanson, Alan D. "International human rights law and development : a human rights way to development." Thesis, University of Essex, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.341236.

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Bahmany, Leyla. "Sustainable development of international arbitration: rethinking subject-matter arbitrability." Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=117139.

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The discussion pertaining to the inarbitrability of public policy disputes has a long-standing position in arbitration law. To protect public interests, domestic legal systems imposed a general ban on the arbitration of public policy disputes. In 1985, however, the United States Supreme Court in Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. removed antitrust disputes from the category of inarbitrable matters and marked a new phase in the history of inarbitrability. The general nature of Mitsubishi's reasoning affected other Western jurisdictions to remove the inarbitrability of public policy disputes in order to develop international arbitration. Mitsubishi's rationale and holding, therefore, can be considered to be pillars of the new approach to inarbitrability. This thesis critically analyzes Mitsubishi's reasoning and the record of the past three decades in light of case law and the views of prominent scholars. It draws a picture of the current situation of arbitrability in the United States, Canada, France and Belgium. The discussion explains that the removal of inarbitrability has resulted in an ineffective protection for public interests, which has caused dissatisfaction in certain sectors of society and may amount to formation of a radical view hostile to arbitration. The situation raises concerns as to whether the current development of arbitration will endure. This thesis borrows the term "sustainable development" from environmental law and economy, and applies it to international arbitration law. By redefining "sustainable development" according to the needs of international arbitration, this thesis provides a solution for developing arbitration without jeopardizing public policy interests. The solution balances private and public interests to achieve sustainable development in international arbitration.
La discussion relative à l'inarbitrabilité des différends portant sur l'ordre public occupe une position de longue date en droit de l'arbitrage. Afin de protéger les intérêts du public, les systèmes juridiques nationaux interdisaient généralement l'arbitrage de différends portant sur des questions d'ordre public. En 1985, cependant, la Cour suprême américaine dans l'affaire Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. retira les différends pourtant sur le droit de la concurrence de la catégorie des questions inarbitrables, et marqua une nouvelle phase dans l'histoire de inarbitrabilité. Le caractère général des arguments soulevés dans l'affaire Mitsubishi a influencé d'autres pays occidentaux et ils retirèrent les différends portant sur l'ordre public des matières inarbitrables afin de développer l'arbitrage international. Par conséquent, les arguments formulés et la décision prise dans l'affaire Mitsubishi peuvent être considérés comme les piliers de la nouvelle approche de inarbitrabilité. Ce mémoire analyse l'argumentaire de l'affaire Mitsubishi et le bilan des trois dernières décennies, à la lumière de la jurisprudence et des points de vue d'éminents chercheurs. Il dresse un tableau de la situation actuelle de l'arbitrabilité aux Etats-Unis, au Canada, en France et en Belgique. L'exposé explique que la suppression de l'inarbitrabilité a donné lieu à une protection inefficace de l'ordre public, ce qui a provoqué l'insatisfaction dans certains secteurs de la société et pourrait résulter dans la formation d'un point de vue radical, hostile à l'arbitrage. La situation soulève des préoccupations quant à savoir si l'évolution actuelle de l'arbitrage durera longtemps. Ce mémoire emprunte le terme "développement durable" au droit de l'environnement et de l'économie, et il l'applique au droit de l'arbitrage international. En redéfinissant le terme "développement durable" en fonction des besoins de l'arbitrage international, ce mémoire propose une solution pour développer l'arbitrage sans mettre en péril les intérêts d'ordre public. Cette solution équilibre les intérêts privés et publics pour parvenir à un développement durable dans l'arbitrage international.

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Motloung, Tebogo Wilfred. "Human rights and international environmental law: Towards the development of an international environmental right?" University of the Western Cape, 2018. http://hdl.handle.net/11394/6543.

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Magister Legum - LLM
The global state of the environment is deteriorating daily because of challenges posed by environmental degradation, including climate change. In recognition of the mounting global environmental crisis and its detrimental impact on the enjoyment of human rights, there is a growing call for the recognition of what is generally referred to as a human right to a clean environment, otherwise referred to in this study as an international environmental right. Proponents of an international environmental right hold a firm view that such a right will prevent or mitigate actions that are responsible for environmental degradation and thus contribute to environmental protection. This study seeks to determine the nature of the relationship between the environment and human rights and whether the proposal for the recognition of an international environmental right to address global environmental concerns that pose a threat to the enjoyment of human rights has merit. In determining the viability of recognising an international environmental right, a number of theories underpinning the recognition of new international human rights, the status of the right in existing international human rights agreements, political willingness and support of states, the notion of global constitutionalism, customary international law sources such as soft law instruments, international declarations etc., are considered.

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Haflidadottir, Helga. "The progressive development of international enforcement : public international law and compliance with environmental obligations." Thesis, University of St Andrews, 2018. http://hdl.handle.net/10023/14459.

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This thesis is concerned with the progressive development of international enforcement. In effect, it explores the normative pull of international law and its influence on compliance with international environmental obligations. Moreover, it looks to the notion of progress in international law and assesses its influence within the sphere of international enforcement. In recent decades, the effect of contemporary environmental challenges on the enjoyment of various values and rights have become more apparent. It is in light of this present situation that this thesis explores the progressive development of international enforcement. Furthermore, it is in light of this situation that the thesis makes a claim for enhanced compliance with international environmental obligations. The thesis main argument is that the normative pull of international law can increase the effectiveness of international enforcement within the context of some international environmental obligations. Furthermore, the thesis posits that looking to the notion of progress in international law can advance an understanding of how the normative pull impacts the authority and legitimacy of international enforcement measures. To that end, it is argued that the notion of progress in international law, by coinciding with authority in international law, justifies coercive enforcement actions; and further, that the notion of progress, by influencing the legitimacy of international enforcement, contributes to the necessity of compliance. In effect the notion of progress in international law, therefore, has the capacity to influence compliance with international environmental obligations. In order to contextualise the theoretical arguments and assumptions made, the thesis looks to two international environmental obligations: The obligation to avert the cause of climate change and the obligation to preserve and protect the marine environment.

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Espada, Gildo Manuel. "International law on water transfers." Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1880344.

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Ferrier, Jill. "The development of international space law : international cooperation in Outer Space - meeting the needs of the developing countries." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23438.

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This Thesis aims to examine recent efforts of the developing countries, within the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), to increase their participation in space activities and in particular, to develop their own indigenous space capabilities. The Thesis will demonstrate that the United Nations is not, given the present economic and political climate, the best forum within which the developing countries should try to develop space law.
Chapter 1 examines the main problems facing the developing countries in the transfer of space technology from the technologically advanced states. Chapter 2 examines the legal basis of their claims for greater cooperation. Chapter 3 examines the present debate within COPUOS where the developing countries are attempting to further develop international space law to their advantage. Chapter 4 suggests alternative routes which should be considered by the developing countries in order to work towards greater cooperation which will meet their needs.

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Jere, Maude. "Trade and sustainable development: regulating PPMs in the WTO." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25314.

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The popularisation of sustainable development and increasing alarm of the over-exploitation of natural resources and its impact on the environment has forced the international community to recognise that the current condition of the environment is a global concern. Developing alongside this recognition is an awareness of the relationship between economic growth/ trade liberalisation and the environment. The reconciliation of trade and environment necessarily involves international trade organisations and how their policies affect the environment. To this end a large part of the trade and environment debate has involved the World Trade Organisation (WTO) and its approach to trade measures that relate to environmental protection, more specifically, on whether its treatment of non-product related Process and Production Methods is in line with the goal of sustainable development. In a setting where the 'the major cause of the continued deterioration of the global environment is the unsustainable pattern of consumption and production', states have been charged with the responsibility of setting standards that regulate the processes and methods used to produce goods so that the damage to the environment is minimised. Has the WTO been able to balance the goal of trade liberalisation with environmental protection and does its policy in relation to non-product-related Process and Production Methods undermine sustainable development and the ability of states to set their own environmental protection agenda? The dissertation will try to show that while GATT rules are not designed to undermine the objective of environmental protection, their application has reduced the ability of states to set their own agendas in relation to environmental protection. This will be done through an examination of case law with reference to the 'like product' analysis under Article III of the GATT which governs domestic regulations and the treatment they afford to domestic and imported products. It will show that the WTO's reluctance to use non-product related Process and Production Methods as a way of differentiating products, has the potential of undermining the efficacy of ecological protections put in place in pursuit of sustainable development. After an examination of Article XX, the thesis shows that while Article XX provides exceptions to the obligations of member states, it does not provide enough stability and predictability to address the failing of Article III. In doing the WTO has hindered the promotion of sustainable development as PPMs which are largely a response to failed multilateral efforts to achieve consensus on environmental protection.

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Ruwitah, Mduduzi Aviton. "Does international law proscribe coups d'état? Africa's role in the development of the proscription." Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32958.

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Coups d'état have occurred around the world since time immemorial but have been more commonplace amongst African states. They have typically yielded bloodshed and instability and, they inevitably culminate in the gross violation of the most basic human rights. They also arguably constitute a perennial threat in the politics of African states and, they have been condemned in numerous instances. Such condemnation brings to the fore, questions as to international law's position on coups d'état. In light of International law placing a high premium on the doctrine of national sovereignty, it is tempting to conclude that coups d'état are beyond the scope of international law thus not being proscribed. This position is further strengthened by the absence of international treaties/conventions proscribing coups d'état. It can, however, be argued that the recognition given to the notion of democracy by some treaties/conventions such as the UDHR, CEDAW, and ICCPR, may amount to an implicit proscription of coups d'état under international law. There is also, a right to democracy, along with a proscription of coups d'état under customary international law as reflected by state practice. African states, being specially affected by the scourge of coups d'état, have played a leading role in the development of the customary international law proscription of coups d'état. Regardless of it being difficult for state responsibility to ensue, coups d'état constitute wrongful acts at international law.

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Rieu-Clarke, Alistair Stephen. "A fresh approach to international law in the field of sustainable development : what lessons from the law of international water courses?" Thesis, University of Dundee, 2004. https://discovery.dundee.ac.uk/en/studentTheses/9d84d8f5-7439-4ed9-9b18-f86bc9f3e95c.

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Implementing the goal of sustainable development has long been heralded as the means by which the needs of both present and future generations can be met. However, finding a long-term balance between economic, social and environmental interests, the basic tenet of sustainable development, has proved largely illusive in practice. This thesis shows that, while a number of “legal frameworks for sustainable development” have been proposed at the international level, they fail to fully capture the essence of sustainable development and international law’s capacity to support its implementation. Through a study of the law of international watercourses the thesis shows that a sophisticated legal mechanism, comprised of key substantive and procedural rights and obligations between States, exists to reconcile competing economic, social and environmental interests. Moreover, the thesis illustrates how the basic approach taken by the law of international watercourses can be used as a model for further developing international law in the field of sustainable development. The thesis is divided into four sections. The first section includes an overview of the topic area and an understanding of international law. In section two the thesis explores the meaning of sustainable development and considers the term’s relationship with international law. A detailed analysis of how the law of international watercourses seeks to reconcile competing economic, social and environmental interests is carried out in section three. The thesis concludes with a fourth section advocating the need for a fresh approach to international law and sustainable development and offering the foundations for this fresh approach based on lessons learnt from the law of international watercourses.

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Tiar, T. "The role of UNEP in the development of international environmental law." Thesis, University of Southampton, 1986. http://catalog.hathitrust.org/api/volumes/oclc/23366967.html.

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Thesis (Ph. D.)--University of Southampton, Faculty of Law, 1986.
Typescript. Typescript Cover title. At head of title: University of Southampton, Faculty of Law. Includes bibliographical references (leaves 399-412).

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Ocheje, Paul D. "The domestic dimension of the right to development in international law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0005/NQ43445.pdf.

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Sundhya, Pahuja. "Decolonising international law : development, economic growth and the politics of universality." Thesis, Birkbeck (University of London), 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.559845.

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This thesis is a work of international jurisprudence and political economy. It argues that the increasing violence of transformative interventions in the Third World represents the intensification of a dynamic inaugurated with the institution of the post-war settlement. The instituted dynamic both reveals and is revealed in the constitution of the space of the international and relations within it. The dynamic is a diffuse 'rationality of rule', operative in terms of an assertion of universality for a constellation of specific values and forms of social, economic and political organisation. It works through establishing a relation between the constituent parts of the ideological-institutional complex we call `international law' and is given impetus and logical coherence by the concepts of development and economic growth. Paradoxically, the dynamic is generated by a `critical instability' at the heart of international law. The instability arises from the aspirational dimension of international law in which it bears an enduring relation to an idea of justice. This relation holds out a promise of universality which has inspired attempts by the Third World to use international law as a site of political struggle. However through a combination of its ongoing movement and transcendent securing, the `critical instability' of international law is stilled. A particular content is (re)ascribed to the universal and stabilised in that `universal' position. Attempts to call on the promise of international law have therefore had the unintended consequence of legitimising an expanding domain of international intervention into the Third World. The unfolding of this universalising logic has produced 6 within international law a project of violent transformation and made the idea(l) of self government in the Third World illusory

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Iqbal, Khurshid. "The right to development in international law : the case of Pakistan." Thesis, University of Ulster, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.443563.

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Marchand, Paul R. "The export development corporation : catalyst in Canada's promotion of international trade." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=64491.

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Cheung, Lo, and 張露. "International financial centers under different political systems: a study of financial center development inChina." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2006. http://hub.hku.hk/bib/B36548340.

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Cordonier, Segger Marie-Claire. "Sustainable development in international trade law : integrating economic and social development and environmental protection in emerging trade regimes." Thesis, University of Oxford, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669870.

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Nagu, Yakubu Idisire. "From OAU To AFCTA - Analysing The Prospects For Economic Development In Africa." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31066.

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On the 21st March 2018, leaders from across the African continent met at an extraordinary summit of the African Union (AU) in Kigali, Rwanda to sign a deal for the formation of an African continental free trade area (AfCFTA). This step is perhaps the biggest leap towards the age-long dream of cross-border economic integration on the African continent since the formation of the Organisation of African Unity (OAU) in 1963. With the continent’s population expected to hit the two billion mark in 2050, it seems the pact could not have come at a better time. Africa, the subject of the agreement, consists of fifty- five States which collectively, is a 1.2 billion people large market however possessing a joint GDP of only $2.5 trillion dollars. If negotiations are concluded, the African continent would have succeeded in the creation of the largest free trade area since the Marrakesh agreement which led to the WTO governed multilateral trading system. Today the top trading partners of African Union member States are non-African countries. Only twenty per cent of Africa’s total trade is with its continental neighbours, whereas an estimated eighty per cent of its trade is with other trading partners across the world. The African continental free trade initiative aims to shift the trade paradigm in this regard, in a way that will increase the region’s share of its internal trade and consequently lead to growth and development. It is against this background that this work assesses the prospects of the new African Continental Free Trade Area (AfCFTA) towards meeting the goal of continental development. This research argues that the development integration approach is the most suitable option for the attainment of the ambitious goals of the initiative. In particular, the work explores the ways in which the new AfCFTA can manage the asymmetrical developmental needs of various African States. The research also assesses the dispute settlement mechanisms which are necessary to resolve friction which may arise as deeper levels of integration are attained.

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Pichyakorn, Bantita. "Sustainable development of international watercourses in international law : a case study of the Mekong River Basin." Thesis, Middlesex University, 2003. http://eprints.mdx.ac.uk/13520/.

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The conflicts between environmental protection and the need to promote developmental growth are becoming increasingly imperative. The concept of sustainable development was created to reconcile the above conflict between these two extremes in order to ensure that an adequate quantity of natural resources and a good quality of environment are preserved for longer term purposes and for the uses of future generations. This study examines the development of this concept at international level and its impacts upon international law governing the use of international watercourses in particular. The Mekong River Basin is analysed as a case study in order to illustrate that this concept has given rise to development of the legal framework of this region. To examine these issues, this study is divided into five chapters. It begins by dealing with development of the concept of sustainable development at international level and issues arising from the law in the field of sustainable development after Rio. Chapter 2 focuses on the impact of this concept upon international watercourses law. Chapter 3 emphasises the significance of the effects of sustainable development upon the legal framework of the Mekong River Basin as indicated in the 1995 Mekong Agreement. Mechanisms adopted in this instrument to implement the above concept are also analysed. Chapter 4 illustrates problems and prospects regarding implementation of the concept of sustainable development and operation of the 1995 Mekong Agreement. Chapter 5 presents a conclusion of the study. This thesis shows that sustainable development is a difficult concept to define and implement. The Mekong Agreement makes an attempt, a laudable one, to implement certain aspects of it in relation to an international watercourse. Some aspects are successfully implemented but some are not. The Mekong Agreement is an important treaty from environmental, sustainable development and water resources points of view.

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A-Khavari, Afshin. "Environmental Principles and Change in International Law and Politics." Thesis, Griffith University, 2009. http://hdl.handle.net/10072/366628.

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Since the 1972 Declaration at United Nations Conference on the Human Environment, and subsequently the 1992 United Nations Declaration on Environment and Development, environmental principles have been frequently used at the international level in different institutional forums made up of a variety of actors including States and transnational corporations. There are a range of environmental principles which are either abstracted from broader episteme or established as open-textured norms within international environmental law and politics. Given how often they are used at the international level in negotiations, agreements, codes of conduct, or litigation within international courts and tribunals, this work studies whether as abstract and open-textured norms they have a role and function in changing international law and politics. It draws on the concept of social learning, in contrast to socialisation, as the dynamic for changing international law and politics. Environmental principles have to interplay with or constitute processes that can socially persuade or influence actors to establish interlocking beliefs, or to collectively identify with a particular culture. As such, what matters is how groups of actors create meaning from norms in their direct and diffuse interactions with each other, rather than whether individual actors comply with their obligations in accordance with environmental principles. Using three different case studies this work argues that environmental principles are significant for changing international law and politics. Their role and function in this process is relative to the weight and meaning that groups of actors give to them. As abstract and open-textured norms, environmental principles function as frames or structures for ideas and discourses which groups use to create meaning from. Their specific role and function during the interactions of actors’ is variable and depends on how they interplay with or constitute the processes that steer social learning. In this way, they can for example privilege certain discourses or provide groups with the creative impetus for the approaches that they might take to issues. Alternatively, they can establish the terms for how actors’ will socially associate a particular kind of membership within groups. Their versatility and flexibility in ideologically steering the common and collective responses of actors’ to protecting the environment from harm is essential to their significance in changing international law and politics.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Law
Arts, Education and Law
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Nomura, Mitsuhiro S. M. Massachusetts Institute of Technology. "Strategies for Japanese developers in potential international markets." Thesis, Massachusetts Institute of Technology, 2014. http://hdl.handle.net/1721.1/92597.

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Thesis: S.M. in Real Estate Development, Massachusetts Institute of Technology, Program in Real Estate Development in conjunction with the Center for Real Estate, 2014.
This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
Cataloged from student-submitted PDF version of thesis.
Includes bibliographical references (pages 75-80).
Global development has currently become an important business for developers. Although the business involves complex economic, political, and cultural issues, international real estate has been more attractive. Economic and political analysis tells the timing of getting into the market. Demographic analysis indicates if the market would expand and which target developers should focus on. Also, we can find out competitiveness and how to differentiate from other companies. Japan has not showed dramatic economic improvement for 20 years. The mature country has several issues: aging, low birth rate, and natural disasters. On the other hand, Summer Olympics 2020 will be held in Tokyo and the government has decided to dramatically improve the infrastructure. Japan will change and I would like to find out the opportunities and challenges of Japanese real estate. Hawaii market has been influenced by tourism. The market is really unique; the resort area attracts house buyers and renters from all over the world. Most visitors come from the US main land and Japan. Glancing the US and Japanese economy, developers can find out the real estate business opportunities. Vietnam has developed the infrastructure and real estate legal systems. With the new infrastructure development and the assistance of private developers, the country provides more housing. Moreover, the legal system had not allowed foreigners to own properties but has been changed to invite more capital from other countries. I have worked for a Japanese developer and experienced a short period of economic growth but we did not significantly invest and the good economy was over by the financial crisis. Most Japanese developers experienced the bubble economy and were tremendously influenced by that time, becoming more cautious in their outlook. The timing for expanding business now is perhaps not optimal. However, the benefits and challenges in these regions can be well-balanced for global developers who are eager to gain a foothold into international real estate markets.
by Mitsuhiro Nomura.
S.M. in Real Estate Development

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Wessling, William T. "Institutional quality, economic development, and natural resource abundance| Towards and interactive model of development." Thesis, Webster University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1525314.

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The study of institutions (i.e., "the rules of the game" in a society) has grown from a small fringe subject in the late 1980s to a massive pillar in the current study of International Political Economy. Two thing has become clear during the course of this growth and the involved research it entails: (1) institutional Quality (especially quality of governance and rule of law) has a determinant effect on the GDP development of a given countries economy and (2) institutional quality has a determinant effect on whether a country is either "cursed" or "blessed" with natural resource abundance (i.e., whether they are growth "winners" or "losers" in terms of GDP development. The purpose of this study is to determine whether the presence of abundant natural resources amplifies this determinant effect when controlled for nonresource abundant states, and if so to what extent. The study ultimately finds amplification of the effect of institutional quality on GDP per capita when controlling for natural resource abundance, ultimately suggesting that resource abundance can be either a "blessing" or a "curse" depending on preexisting institutional quality. Secondary findings indicate the existence of a "slippage" effect in institutional quality once natural resources are introduced to a given state's economy.

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Algozin, Samuel. ""Thinking Through Others": The development of a culturally resonant international criminal jurisprudence." Thesis, McGill University, 2010. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=86937.

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In this thesis, the author asserts that through the process of cultural contextualization, the universal norms of international criminal law are interpreted and defined in a manner which resonates across cultures. Critics of the international criminal legal system assert that it fails to adequately accommodate the cultural diversity of its subjects. Through a detailed examination of international criminal jurisprudence, the author displays that the consideration of cultural context has become commonplace for international criminal tribunals. Furthermore, the Rome Statute of the International Criminal Court contains provisions which allow for the consideration of cultural context in assessing international crimes. Cultural contextualization of international crime serves to make the universal norms of international criminal law more relevant in diverse cultures and also enhances our understanding of the universal norms of international criminal law. Finally, the author provides a critical assessment of cultural contextualization, and asserts that it is a process which must be undertaken in a way which preserves the fairness of international criminal proceedings.
Dans cette thèse, l'auteur affirme que par le processus de la contextualisation culturelle, les normes universelles du système pénal international sont interprétées et définies de façon telle qu'elles résonnent à travers des cultures. Les critiques du système pénal international affirment que le système ne répond pas adéquatement à la diversité culturelle des individus. Par un examen détaillé de la jurisprudence pénale internationale, l'auteur montre que la prise en considération du contexte culturel est devenue habituelle pour les tribunaux criminels internationaux. De plus, le Statut de Rome de la Cour Pénale Internationale contient des dispositions qui tiennent compte du contexte culturel dans l'évaluation des crimes internationaux. La prise en considération du contexte culturel sert à établir des normes de droit pénal universelles dans le respect des différentes cultures et permet de mieux comprendre les normes universelles du droit pénal international. Finalement, l'auteur fournit une évaluation critique de la contextualisation culturelle et conclut que c'est un processus qui doit être fait de manière à préserver l'impartialité des procédures criminelles internationales.

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Unlu, Ayse Nihan. "The Montreux Convention and the development of the legal regime of the Turkish Straits." Thesis, University of Birmingham, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.247090.

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Libebe, Eugene Lizazi. "Climate change governance in the SADC region: towards development of an integrated and comprehensive framework policy or protocol on adaptation." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12907.

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Includes bibliographical references.
The scientific community has shown that climate change is occurring and is caused mainly by human activities. This state of affairs has various societal and environmental implications which has demanded attention and raised concerns about the future of human life on earth. Increasing concerns about climate change has led the international community, regional bodies and national governments to adopt legal instruments and other mechanisms to address the phenomenon. In these efforts and measures mitigation and adaptation have been the prominent response strategies. However, adaptation to climate change has experienced much less attention than mitigation. This research provides a conceptual analysis of adaptation, and discusses some socio-economic and cultural implications of climate change in the Southern African Development Community (SADC), in order to show why adaptation is a better response to climate change. The research outlines and assesses the relevant developments in international, African and mainly SADC’s responses to climate change through adaptation in their legal and institutional frameworks. This includes related developments in Namibia and South Africa as SADC Member States. The study advocates for regional consensus to design a holistic policy framework and effective governance on adaptation to climate change in the SADC, as one of the world’s most vulnerable regions. As such, the study further examines the aspect of good governance and institutional frameworks as essentials for climate change adaptation in the SADC context. It concludes that it is necessary for SADC member states to cooperate in formulating an integrated and comprehensive protocol on adaptation.

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Hagedorn, Rosa. "Trade and sustainable development : using the World Trade Organization to more effectively protect the environment." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12668.

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The Brundtland Report also defines sustainable development as “a process of change in which the use of resources, the directions of investments, the orientation of technological developments, and institutional change all enhance the potential to meet human needs both today and tomorrow.” This vague and broad definition relies on the notion that the world’s environment is a system where actions in one country can affect life on other continents. Examples of this include the 2010 Icelandic volcano eruption that affected air quality and travel in Europe, and the recent radiation detected in the United States after the earthquake and subsequent radiation leaks in Japan. The definition also implies that practically every aspect of our lives can have some effect, or can be relevant to, achieving a sustainable development goal. Most forms of production and consumption, key aspects of international trade, affect and can harm the environment. Thus, the issue is less about stopping these actions and more about making them less harmful to the environment and humankind. There will always be tension between forms of economic activity and environmental protection. However, trade is only one of many economic activities, and the WTO cannot be solely responsible for all aspects of the promotion of sustainable development and environmental protection. At its most general definition, international trade is the “economic interaction among different nations involving the exchange of goods and services.” It can lead to both economic growth and development. At its core, international trade involves the basic concept of supply and demand. Human needs and desires drive what will be in demand. This demand drives the need for a supply of that resource. Thus, the real question is what aspects of the current trading system, including the WTO, can be enhanced or changed to promote sustainable development. This paper aims to examine the relationship between the WTO and sustainable development. It further seeks to evaluate the ways in which the relationship has been successful and the ways in which it has been hindered. Finally, this paper looks to the future and suggests ways to enhance and change this relationship and more effectively protect the environment through the WTO.

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Harvey, Caitlin Megan. "Digital trade and development: A way forward for Africa at a continental and multilateral level." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31438.

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This paper argues that digital trade can benefit developing countries and result in substantial financial gains. The regulation thereof has been at the forefront of negotiations at the multilateral level and within regions of Africa. While developing economies do not typically reap the benefits of digital progression, this paper proposes that digital trade can be developed in such a way so as to prioritise the developmental considerations of Africa specifically. Through observing the progress of the WTO platform for digital trade, namely the Work Programme on Electronic Commerce, it is seen that the multilateral regulation of digital trade is a complex task. Developing country participation at this level is essential to the sustainable development of digital trade. Within Africa, there have been notable advancements in the regulation of digital trade, evidenced by the establishment of COMESA’s Digital FTA. The considerations for the advancement of digital trade for a developing continent are numerous as not only do the traditional barriers to trade still remain a primary concern but there is also the potential threat of furthering the existing digital divide that persists between the developing and the developed world. Therefore, the paper proposes that should Africa consider developing digital trade through AfCFTA (the African Continental Free Trade Agreement) digital trade in services should be prioritised ahead of digital trade in goods. This would help overcome Africa’s trade facilitation and development challenges and advance Africa’s position in the multilateral trading system.

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Henn, C. "The origins and early development of the idea of protecting power." Thesis, University of Cambridge, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.233237.

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Lusa, Bordin Fernando. "The analogy between states and international organizations : legal reasoning and the development of the law of international organizations." Thesis, University of Cambridge, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708385.

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Darby, Jonathan Michael. "The role of adjudication in the resolution of international environmental disputes and the development of international environment law." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607996.

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Cheung, Lo. "International financial centers under different political systems a study of financial center development in China /." Click to view the E-thesis via HKUTO, 2006. http://sunzi.lib.hku.hk/hkuto/record/B36548340.

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SUGINO, Tomohide. "Human Development and Collaboration with Universities in Japan International Research Center for Agricultural Sciences (JIRCAS)." 名古屋大学農学国際教育協力研究センター, 2004. http://hdl.handle.net/2237/8938.

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Sarenmalm, Isabel. "Sustainable Development in International Law and the protection of the Global Commons." Thesis, Uppsala universitet, Institutionen för geovetenskaper, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-325200.

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The four ‘Global Commons’ – the Atmosphere, Antarctica, the High Seas (Oceans) and Outer Space – are in international law identified and recognised as falling outside the jurisdiction of any state. Whilst crucial to mankind and the global ecosystem as a whole, the commons are severely impacted by the current anthropogenic climate change. This thesis argues that the global commons have a weak legal protection today. Given the significance of the global commons for the achievement of sustainable development, exploring possibilities to strengthen such protection through international law is crucial to secure the future of our world. The purpose of this thesis is to highlight the issues relating to the current legal protection of the global commons and to address them in the perspective of international law and sustainable development as intersecting conceptual and theoretical frameworks. By applying and analysing the acknowledged New Delhi Declaration of Principles of International Law Relating to Sustainable Development, this thesis will aim to provide insights, and maybe even a fresh point of view, as to how legal instruments could be structured and implemented in the strive for more effective and sustainable protection of the global commons.

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Miggiani, Mark Anthony. "War remnants : a case study in the progressive development of international law /." Genève : Institut universitaire de hautes études internationales, 1988. http://catalogue.bnf.fr/ark:/12148/cb36643222n.

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Hannikainen, Lauri. "Peremptory norms (jus congens) in international law : historical development, criteria, present status /." Helsinki : Lakimiesliiton Kustannus, 1988. http://catalogue.bnf.fr/ark:/12148/cb373828424.

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Farchakh, Loubna. "The concept of intergenerational equity in international law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80918.

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The theory of intergenerational equity is closely linked to the notion of sustainable development. It is indeed considered to be one of its aspect. Intergenerational equity can be divided in two facets: the intergenerational component links the present generation to future generations, while the intragenerational aspect imposes, within the same generation, a duty for industrialized countries to help developing countries. The legal status of intergenerational equity appears to be limited because of its qualification as a concept. Therefore, this concept of intergenerational equity belongs to the realm of soft law. Nevertheless, legal implications can be drawn out from this theory. Different means of implementation can be envisioned, some belonging to the domain of soft law, other employing more classical tools, such as institutional mechanisms.

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Dissertations / Theses on the topic 'International Center for Law in Development'

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