Dissertations / Theses on the topic 'International law theory'
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Owuor, Elijah. "Theory of International Law: Basic Human Rights Conception of the International Law." Digital Archive @ GSU, 2008. http://digitalarchive.gsu.edu/philosophy_hontheses/3.
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The incidents of human rights violations have increasingly captured the international attention. I think that part of the reasons for human rights violations is because of the foundational theories of the current international law. In this thesis project, I argue that basic human rights should be the moral foundation of the international law. I achieved my goal in several steps. In the first section, I introduced the thesis project; I also outline my objectives. In the second section, I briefly define human rights, basic human rights, and provided the scope of basic human rights. In the third section, I provided my argument that basic human rights should be the moral foundations of the international law; provide criterion of state legitimacy; I critiqued the United Nations in the context of my arguments. Finally, I concluded by formulating the international basic human rights law.
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Owuor, Elijah Medego. "Theory of international law basic human rights conception of the international law /." restricted, 2008. http://etd.gsu.edu/theses/available/etd-05192008-125514/.
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Thesis (B.A. Honors)--Georgia State University, 2008.Title from file title page. Robert Sattelmeyer, Andrew Jason Cohen, committee members. Electronic text (34 p.) : digital, PDF file. Description based on contents viewed October 26, 2008. Includes bibliographical references (p. 34).
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Searl, Mark. "A normative theory of international law based on new natural law theory." Thesis, London School of Economics and Political Science (University of London), 2014. http://etheses.lse.ac.uk/999/.
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This thesis articulates a normative theory of international law based on new natural law theory. New natural law theory is a theory of ethics, politics, and law that is based on the classical natural law doctrine of Thomas Aquinas. The primary reference point of the thesis in relation to new natural law theory is the work of John Finnis, who in Natural Law and Natural Rights and subsequent writings elaborates the theory in the consideration of fundamental concepts in political philosophy and legal theory. The thesis examines the tenets of new natural law theory regarding the common good, authority, law, justice, human rights, and legal obligation, and uses these to formulate normative claims regarding the moral purpose of international law and the moral standards that international law should satisfy in light of its purpose. The thesis posits the existence of an ‘international common good’, encompassing a set of supranational conditions that are instrumental to human welfare and that require international cooperation for their realisation. The thesis claims that the primary moral purpose of international authority and international law is to further the international common good through resolving the coordination problems of the international community of states. Identifying ‘principles of justice’ for international law, the thesis asserts that positive international law should promote and demonstrate respect for human rights, and should also promote and protect the international common good. The thesis further argues that states have a general moral obligation to obey international law, based primarily on the necessity of state compliance with international laws in order to facilitate the effectiveness of such laws in promoting the international common good. These claims are elaborated with reference to existing features of international law, and through comparison with existing normative and non-normative perspectives in international legal theory on the concepts considered.
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Nicholson, M. C. "The 'idea' of international law : a critical theory." Thesis, University College London (University of London), 2013. http://discovery.ucl.ac.uk/1389070/.
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On the basis of Frankfurt School critical theory and, in particular, the work of Walter Benjamin and Theodor Adorno, this thesis argues for an original, critical theory of international law’s ontology and practice. That argument develops out of a critique of three theoretical approaches to international law – the technological-industrial or positivist approach, the New Haven, legal realist approach, and the Critical Legal Studies, discourse approach. The recent debate concerning the fragmentation of international law is used, in chapter one, to illustrate the interaction between these three approaches and their limitations. The ultimate aim of the thesis is to present and defend a theory of international law based on the representation of life, reality, and nature as an alternative to theoretical approaches which emphasise legal control and domination of life, reality, and nature.
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Nicholson, Rowan Alexander. "A theory of statehood and personality in international law." Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/270074.
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Which political entities have personality in international law? ‘States’ is an inadequate answer. Historically, the term has not always designated a stable, legally meaningful category of entities, nor have states been the sole political entities with rights and duties. Moreover – contrary to traditional views – there is more than one means of acquiring statehood, with the consequence that not all states are alike in legal terms. This thesis offers an explanation of the personality of states and other political entities that takes this complexity into account. The first chapter of the thesis presents a definition of the personality of political entities. The definition draws on W N Hohfeld’s approach to rights and duties and requires a person to have at least one right or duty in his sense. This emphasises that personality is primarily about conduct: international law regulates conduct by persons towards other persons. Chapter 2 investigates the personality of political entities before the twentieth century, focusing on the question of what differences existed between Western states and the empires, chiefdoms, and other political entities found elsewhere in the world. This question was significant for the emergence of a stable concept of statehood. Chapter 3 examines the general rules about statehood. It rejects both the view that statehood always depends on criteria of effectiveness and the view that statehood always depends on recognition. The most persuasive view is that statehood can be acquired either by effectiveness or by recognition (with some qualifications: notably, recognition may create statehood relative only to some other states). This explains, among other things, how states can survive extended periods of anarchy. Chapter 4 deals with exceptions to the general rules, showing that recognition usually cannot be used to breach an existing state’s territorial integrity and that the role of peremptory norms must be reassessed in light of the existence of two alternative means of acquiring statehood. The final chapter concerns the possibility that political entities may have personality short of statehood.
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Hessler, Kristen M. "A theory of interpretation for international human rights law." Diss., The University of Arizona, 2001. http://hdl.handle.net/10150/279864.
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A complete theory of interpretation for human rights law must answer two kinds of questions. First: Who should interpret international human rights law? Second: What principles should guide the interpretation of human rights law? Individual governments frequently claim the right to interpret international law as it applies to them, but this claim is contested by many United Nations subgroups and by nongovernmental organizations like Amnesty International. I argue that international institutions are more likely to give a fair hearing to people's human rights than are their own governments. Accordingly, we can conclude as a general rule that international institutions should be assigned authority to interpret international human rights law. The general rule has an exception, however. Democratic states that protect basic freedoms of speech and assembly will promote and protect their own citizens' human rights better than undemocratic states. Moreover, free democratic states, by giving a voice to all citizens, can take advantage of local knowledge about particular human rights problems and solutions, and so are more likely than international institutions to interpret human rights law with a sensitivity to the human rights of all citizens and to the locally important human rights issues. Therefore, unlike other states, liberal democratic states should have the authority to interpret international human rights law as it applies within their borders. What principles should guide the interpretation of human rights law? The answer depends on whether we take a short- or long-term perspective. Currently, the institutions of international law are relatively ineffective when compared to most domestic legal systems. While this remains the case, a principle allowing interpreters to use their judgment about moral human rights in interpreting human rights law can be justified on the basis of the contribution this would make to global deliberation about the proper understanding of moral human rights. As human rights law develops more effective, less voluntaristic institutions, this principle of interpretation should be phased out.
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Bsoul, Labeeb Ahmed. "International treaties (muahadat) in Islam : theory and practice in the light of siyar (Islamic international law)." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19495.
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This dissertation seeks to explain the viewpoint of Islamic international law {siyar) with respect to the various aspects of treaties {mu'abadat) with non-Muslims. The siyar deals with (the notion) of mutual relations between Muslims and non-Muslims during times of war and peace, and thus has become an intrinsic branch of the Shari'a. The varying nature of siyar and its changing interpretation throughout Islamic history captured the attention of a number of jurists and historians from both the classical and modem times, whose works have been frequently consulted throughout this study. In the course of classical and pre-modem Islamic history, treaty-making continued to evolve and contributed to shaping both political and social relations between Muslims and non-Muslims. Non-Muslim residents in Islamic territories {dar al-Islam), such as the abl al-dhimma and ahl al-aman, were dealt with as existing identities within Islam and were also dealt with by the means of contracts ('aqd), which determined their status under siyar. Relations between Muslims and non-Islamic territories {dar al-harb) were detennined by the conditions of peace and war, and treaties between the two were regulated according to the precedent set by siyar. The treaties selected for this dissertation cover the full spectrum of what Muslims and non-Muslims could do to develop and protect the interest of their communities. Thus, this study aims to shed some bight on a relatively untouched branch of Islamic law, while also elucidating the social ramifications of legal theory and practice.
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Amos, Robert. "The protection of plants in international law, theory and practice." Thesis, University of Sussex, 2017. http://sro.sussex.ac.uk/id/eprint/71815/.
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This thesis provides a comprehensive overview of international environmental law as it relates to plants. In doing so, it offers new perspectives on some of the key debates in the law, as well as on humanity's relationship with the natural world. The first part of the thesis looks at the philosophical rationales for giving legal protection to plants. Drawing on the literature relating to value, different interpretations of the value of plants are identified, including instrumental, intrinsic and ecological. Each interpretation is then tracked in international conservation law and policy. An almost exclusively anthropocentric picture is revealed, and the implications of this for conservation policy and practice are discussed. Attention then turns to global and regional approaches to protecting plants. First, the construction and content of key legal agreements are assessed against a range of criteria for effectiveness. Second, an analysis of the design and form of conservation mechanisms is conducted, focussing on the extent to which protected areas reflect the ecological needs of plants and the representativeness of lists of protected and endangered species. In each case the law is found to fall short, and proposals on how to address this are given. In the third part of the thesis, how the law responds to some of the main threats to plants, namely climate change, international trade and alien/invasive species, is considered. Each impacts on plants in different ways and has been subject to very different legal responses. In each case, however, weaknesses can be identified that undermine the law's ability to adequately protect plants. Finally, the extent to which the law supports and frustrates the work of conservation practitioners is examined. As well as offering practical reforms to make the law a better tool for practitioners, consideration is given to wider governance reforms to international environmental law.
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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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Nicolaas, Buitendag. "States of Exclusion : A Critical Systems Theory Reading of International Law." Kyoto University, 2020. http://hdl.handle.net/2433/258981.
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Nijman, Janne Elisabeth. "The concept of international legal personality : an inquiry into the history and theory of international law /." The Hague : T.M.C. Asser Press, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/484567152.pdf.
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Khadjavi, Hodjat. "Theory of lex mercatoria and recent developments." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26448.
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Since the early 1960s, some scholars of international commercial law and arbitration have begun to introduce new sources of law, other than domestic law, for international transactions. This is the result of two factors: (1) the immense growth of transnational contracts; and (2) their distinctive nature.This line of thought generated a lively battle over delocalization or domestication of transborder contract which still exists today. Scholars of different legal systems have introduced diverse theories including that of lex mercatoria which has received considerable attention. The controversy is not merely over the terminology, but also concerns the complex issue of the delocalization of substantive law in international commercial dispute resolution. A few scholars have maintained that this idea constitutes a third legal system described as a transnational legal system, in addition to the national and international systems. In turn, opponents claim that such a substantive law exists, if at all, only within the ambit of domestic jurisdiction.
The main theme of the present study is to identify the major schools of thought with respect to the theory of new lex mercatoria, and then to trace its influence and impact on scholarly writings, national and international legislation, transnational practices, and case law.
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Weiß, Norman. "Kazuko Hirose Kawaguchi: A Social Theory of International Law, International Relations asa Complex System (International Law i n Japanese Perspective, Band 10) / [rezensiert von] Norman Weiß." Universität Potsdam, 2004. http://opus.kobv.de/ubp/volltexte/2011/5581/.
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rezensiertes Werk:
Kawaguchi, Kazuko Hirose: A Social Theory of International Law, International Relations asa Complex System (International Law in Japanese Perspective, Band 10). Leiden/Boston : Martinus Nijhoff Publishers, 2003. - 316 S.
ISBN: 90-411-2158-7
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Çali, Basak. "Change in international law as exemplified by the problematic of intervention." Thesis, University of Essex, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268709.
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Simpson, Gerry J. "The right of succession in international law : a new theory of legitimacy." Thesis, University of British Columbia, 1989. http://hdl.handle.net/2429/27369.
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Secession is the process by which a territorially discrete entity within a state achieves independence from that state. In this thesis a code of legality is devised which legitimizes secession in certain cases without advocating the breakdown of world order.
The right of secession envisaged derives its force not from political concepts such as democracy, liberalism or socialism, but from the right in international law to self-determination. To this end, an historical introduction is offered which traces the historical roots of the right to self-determination and its earliest connection with secession. This study illustrates how the transformation of self-determination from political principle to legal right in the era of the United Nations and decolonization led to a restrictive interpretation of the concept. This interpretation, it is argued, has neglected the link between self-determination, human rights and the right to secede. Self-determination has consequently been drained of significance at the very moment when it should be in the vanguard of the quest for a world order based on respect for human rights.
This study, therefore, has several purposes. First, a basis in international law for a right of secession is sought by analyzing the provisions of several United Nations Declarations on self-determination. Second, the humanitarian potential of the right of secession is realized by renewing the link between human rights and self-determination in a novel theory of legitimacy. Third, an index of validity is outlined by which the legitimacy of a particular secession can be ascertained using criteria which take into account political, economic and moral as well as legal factors. This index is referred to throughout the paper in five case studies which illustrate the varying practical consequences of applying this theory of legitimacy. In this way, a theory of secession is proposed which subscribes to the rules of international law and the realities of the international political system while providing a conceptual foundation for a humane world order.Law, Peter A. Allard School of
Graduate
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Secker, Emilie Elizabeth. "Participation in international human rights law : a comparison of theory and practice." Thesis, Lancaster University, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.538615.
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Van-Rooyen, David Patrick. "The legitimacy of international law : re-examining the theory of state consent." Thesis, Durham University, 2019. http://etheses.dur.ac.uk/12934/.
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With the post-WWII acceleration of globalisation and the proliferation of transnational concerns (such as nuclear armament, financial instability, climate change, the spread of diseases etc.), there has been a concomitant increase in international laws and institutions designed to regulate this activity and facilitate international cooperation. This widening and deepening of international law brings to the fore normative concerns about how and from where international law derives its legitimacy. Indeed, international legal institutions have been suffering a 'crisis of legitimacy' in recent years: from the 1999 'Battle of Seattle' to Brexit. This thesis aims to contribute to the philosophical literature on the political legitimacy of international law. In particular, it seeks to morally evaluate the traditional theory of international legal legitimation: 'state consent'. After conducting an in-depth conceptual analysis of three key concepts (international law, political legitimacy, and state consent), the thesis will consider six arguments against the proposition that state consent is either sufficient or necessary for the legitimacy of international law. I conclude that state consent is not 'sufficient' as - to properly legitimate international law - state consent would need to fulfil the additional necessary requirement of being 'authorised' by the individuals within the state; arguably through a process of deliberative democratic decision-making. I also conclude, however, that state consent may be 'necessary' for the legitimacy of a certain category of international law; namely, the international law of 'cooperation' (as opposed to 'coexistence'). The thesis ends by tentatively suggesting proposals for how international law may increase its claim to legitimacy under the existing state-consent model: first, by incentivising a process of internal democratisation, and second, by establishing an international 'harm principle' that better protects third-parties from indirect harm.
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Yazdani, Majid. "The place of international sale of goods under Iranian law theory and practice /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ59160.pdf.
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Ossman, Ghassan. "The theory and the practice of disguised extradition under international law : with particular reference to English law." Thesis, University of Liverpool, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.278775.
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Alves, de Brito Paulo JoseÌ Homem de Sousa. "A theory of international law in the face of nationalism : a study in political and legal theory." Thesis, University of Bristol, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.404094.
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Szablewska, Natalia M. "The politics of international law : implications for the Chechen conflict." Thesis, Aberystwyth University, 2010. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.537480.
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This thesis is a socio-legal study of the politics of international law (i.e. the relationship between international law and international politics). There is not necessarily an accepted scope, or even direction, of this relationship but it is widely perceived to be important in international, as well as national, affairs. Still, this relationship needs to be better understood and articulated. This thesis offers a theoretical and empirical account of the phenomenon of the politics of international law, and its implications for the Chechen conflict by exploring how and to what extent one's understanding of the phenomenon is determined by culture, history, political and social context. Part One is an overview of the literature and theoretical approaches to studying the relationship between (international) law and (international) politics, as well as an analysis of sixteen face-to-face semi-structured interviews with practitioners of international law and international politics from different backgrounds and cultures. That leads to a theoretical model which is applied and verified in Part Two, a case study of the Chechen conflict. This focuses specifically on a socio-historical understanding of international law, the humanitarian and human rights movement in Russia, and the relationship between human rights law and international humanitarian law in the judgements of the European Court of Human Rights in the so-called Chechen cases. The findings of this study indicate that international politics is highly influenced by international law just as international law is affected by international politics. They both are integral parts of the international system, nevertheless, remain distinct from each other. It is therefore the politics of international law that allows international relations to take place, where politics provides the means by which the negotiations can take place and law creates specific language and provides a framework within which the debates can take place. It demonstrates that the challenges of modern times make that the two become increasingly influential on one another.
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Bowman, Megan. "Our tangled web : international relations theory, international environmental law, and global biodiversity protection in a post-modern epoch of interdependence." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78204.
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The global crisis of biodiversity depletion sets the stage for a necessary re-definition of State self-interest in the international milieu. That re-definition is effected by a changing perception of 'self'; one that occurs through the mental lens of interdependence and long-term vision. This thesis attempts to challenge conventional precepts and present a submission for change by drawing upon constructivist thought, which asserts that current perceptions are socially constructed and rooted in "collective intentionality", such that what has been human-made can be altered by the same processes through which it came into existence. In so doing, the author employs the notions of international ethics as a shared belief and international law as an ideational instrument to facilitate that change in favor of international cooperation toward the necessary amelioration of global biodiversity diminution in order to assure our future.
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Patrick, H. A. "Aspects of the Scots international private law of property : towards a coherent general theory of choice of law." Thesis, University of Edinburgh, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.660430.
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Selected issues in the Scots international private law of sale, securities and insolvency are considered, with a view to establishing a tentative general theory of choice of law relative thereto, which could in turn be applied to further issues in the Scots international private law of property and that of other legal systems. The traditional analytical distinction between real and personal rights is applied in a specialised concrete manner in order to ascertain by each consecutive lex situs the real rights which have been created and extinguished in a given item of property. In a situation in which it becomes necessary to rank several rights in and to such an item of property, all extant rights therein and thereto are compared and evaluated relative to each other in accordance with the lex situs at that time, having been 'translated' for such purposes. This simple structure derives from the requirements of third party certainty in property law. The basic choice of law structure is qualified in situations in which it is appropriate to do so, without detracting significantly from requirements of third party certainty. Thus, for example, property issues arising between the parties to transactions are characterised in personal terms and subsidiary choice of law rules are suggested regarding 'mobile' property and in situations such as import transactions and in which several rights derive from the same legal system, concerning all of which the straightforward lex situs rule appears inappropriate. Such subsidiary rules preserve third party certainty by operating after initial permissive reference to the lex situs. Similar rules provide for coherent analysis of funds in an international context, and, in particular, funds arising on insolvency.
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Sheldon, Margot. "Strengthening Parliament's oversight role during international trade negotiations: A grounded theory approach." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/23019.
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The Constitution of the Republic of South Africa, 1996 (hereafter referred to as "the Constitution"), outlines the different roles and functions of the arms of government, namely the Executive, Judiciary and Legislature. In terms of international agreements, Section 231 of the Constitution provides the parameters within which the Executive and the Legislature are responsible for when entering into international agreements. The Executive is responsible for negotiating and signing all international agreements, which must then be approved by the National Assembly and the National Council of Provinces in order to be ratified. Furthermore, the Constitution requires the Legislature to oversee the work of the Executive. In this regard, Parliament, as the representative of the people of South Africa, has a duty to ensure that even international agreements will benefit the citizenry and not undermine national objectives. However, due to the democratic principle of separation of powers, Parliament has little control over the outcomes of the negotiations which the Executive undertakes on behalf of the nation. Signed international agreements may not always be in the national interest. In these instances, Parliament cannot alter the terms of the agreement. It can at best approve this for ratification with reservations or reject it once it has been tabled. Several challenges arise in relation to the approval for ratification of international agreements. This is primarily related to Parliament's capacity and the time available to consider signed agreements, and its knowledge and understanding of the content and implications of international agreements. This study, therefore, considers how Parliament can effectively oversee developments during international trade negotiations. This is to circumvent situations where the trade agreements do not support national strategic objectives. A grounded theory approach was used to develop a theory on how to strengthen Parliament's oversight role during international trade negotiations. Grounded theory is a qualitative research method, which uses a mainly inductive approach. Data was gathered through conversational interviewing with a number of stakeholders such as Members of Parliament and parliamentary officials, as well as technical and nontechnical literature. These were analysed to develop key concepts or variables. Next, a literature review was conducted to determine the parent body of knowledge within which the research study falls. This process yielded further variables. It also assisted in determining the linkages between the key concepts. Finally, I undertook a theory building process to determine the relationships between the key concepts and the key concern variable. From the analysis, this study proposes that the Executive and Members of Parliament need to understand the importance and relevance of holding the Executive accountable for its actions in relation to international trade negotiations. Once this is clearly established, there will be an incentive to develop institutional capacity to perform oversight over this type of Executive action. This enhanced capacity will lead to more effective oversight over the Executive's involvement during international trade negotiations and thus greater accountability by the Executive to ensure that these negotiations support national strategic objectives.
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Strinka, Sarah Marie. "The Human Rights-Based Approach to Development: A Theory of Change." Ohio University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1586262883778281.
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Yong, Caleb Hoe-Kit. "Justice, legitimacy, and movement across borders : a political theory of international migration." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:7f94a135-778d-45cd-acdf-e5e15adba7f1.
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Existing moral reflection on immigration law and policy is caught in an impasse between (1) proponents of an individual right to free international migration and (2) proponents of a state’s right to control its borders. In Chapter 1, I examine arguments supporting an individual right to free international migration. I show that the case for this putative right cannot be settled solely by considering the strength of individuals’ interest in being able to cross international borders according to their choice. Rather, at a crucial point, the argument for an individual right to free migration turns on the truth of a particular conception of global justice. In Chapter 2, I examine arguments supporting a state’s right to control its borders. I contend that these arguments do not seek to defend the substantive justice of restrictive immigration policies, but rather the legitimacy of processes of political decision-making by which states unilaterally determine their own immigration policies. Abandoning this right-versus-right paradigm, I recast the debate by focusing on two distinct questions: (1) the question of justice in immigration, which substantively evaluates immigrant admission policy; and (2) the question of the legitimacy of immigration law enacted by procedures responsive only to states’ internal political decisions. I further propose that in articulating principles of justice in immigration, we should first develop a conception of global justice which will provide the background for our evaluation of immigration policy. In Chapter 3, I develop and defend a conception of global justice I call cooperation-based internationalism. I argue that co-citizens are joint participants in a scheme of cooperation which provides them with the social goods they need to lead autonomous lives. They therefore owe each other special duties of social justice. In addition, I argue for a duty of assistance which applies among all human persons globally. This duty requires developed states to assist developing states in establishing minimally just institutions. In Chapter 4, I develop a conception of justice in immigration against the background of cooperation-based internationalism. I argue that there is no requirement for states to allow open immigration. Nevertheless, I argue that co-citizens owe each other duties which impose significant moral constraints on immigration policy: states must (1) allow for family unification; (2) eschew policies that select immigrants based on criteria that unjustly call into question the fitness for citizenship of certain current members; (3) regulate labour immigration so that all current citizens benefit equally unless unequal gains benefit worse-off citizens. The duty of assistance is also imposes constraints on immigration policy. Developed states should (4) avoid immigration policies which cause brain drain harmful to international development and (5) admit and resettle refugees. In Chapter 5, I turn to the distinct question of the legitimacy of unilaterally-enacted immigration law. I argue that the application and enforcement of immigration law counts as a coercive exercise of political power which stands in need of justification. I examine the consent and natural duty of justice theories of political legitimacy, concluding that these influential theories cannot establish the legitimacy of immigration law. I conclude by considering the implications of the illegitimacy of immigration law for the evaluation of irregular migration.
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Floss, Sidney. "Les critiques de la notion de souveraineté en Droit et Sciences Politiques : l'évolution sématique des concepts source de confusion." Thesis, Rennes 1, 2015. http://www.theses.fr/2015REN1G005/document.
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Cette thèse s’interroge sur les raisons de la crise actuelle de la notion de souveraineté. La plupart des critiques affirment dénoncer la souveraineté dans sa conception classique telle que formulée par Hobbes et Bodin. Il s’agira alors de montrer que ces critiques manquent leur objet. Elles ne concernent pas la souveraineté de Hobbes ou Bodin mais une reconstruction de celle-ci. La thèse soutenue est que les évolutions paradigmatiques au sein des différentes disciplines ayant à traiter de la souveraineté ont profondément modifié son sens, de même que le sens des termes la définissant. Les concepts de pouvoir, d’État, de droit, ont été transformés en fonction de l’évolution des États et des préoccupations de chercheurs appartenant à des champs différents. Ce travail s’attachera à préciser la diversité de sens accordée aux différentes notions pour ensuite montrer que les critiques actuelles de la souveraineté transposent leurs propres définitions aux termes utilisés par Bodin et Hobbes. Il apparaîtra alors qu’en reprenant la souveraineté dans son sens originel, il est impossible de la considérer comme limitéeThis doctoral thesis questions the reasons behind the current crisis of the concept of sovereignty. Most critics claim they denounce sovereignty in its classical sense, that is to say as expressed by Hobbes and Bodin. We will show that these critics fail to identify their object. They don’t aim at the notion of sovereignty as developed by Hobbes and Bodin, but rather a reconstruction of it. The idea defended here is that paradigmatic evolutions within the various disciplines dealing with sovereignty have deeply altered its meaning, as well as the meaning of the terms defining it. Concepts such as power, State, and Law have been changed according to the evolution of the States and the concerns of researchers in various fields. This work endeavors to clarify the plurality of meanings granted to these different concepts in order to show that the current critics of sovereignty are substituting their own definitions for the terms used by Bodin and Hobbes. Thus, it appears that by using sovereignty in its original sense, it cannot be regarded as limited
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O'Connor, John Francis. "The principle of good faith in legal theory: ( with particular reference to public international law)." Thesis, University of London, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.488809.
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Onoria, Henry Michaels. "The effect of human and group rights on the theory of personality in international law." Thesis, University of Cambridge, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.627172.
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Mishu, Humayra M. "The politics of international law and India-Bangladesh land border management : a critical approach theory." Thesis, Nottingham Trent University, 2018. http://irep.ntu.ac.uk/id/eprint/34662/.
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This thesis explores the management of specific aspects of land border disputes on the India-Bangladesh frontier. Drawing on a critical theory approach which problematizes the politics of international law, it asks how a partial border dispute resolution between India and Bangladesh became possible and how and why it proved difficult to achieve in and after 1974, and it suggests that the interaction of law and politics is a major underlying cause of the patterns in that resolution. The specific approach used is taken from Koskenniemi (2005, 2011), who has argued that international legal theories tend to universalise conflicts which are better understood as specific problems in specific historical and political contexts, and that it is the politics of a dispute rather than the legal dimensions as law which shape the processes and possibilities of their resolution. The research asks how effective the available means for conflict resolution have been and why the ongoing border dispute between India and Bangladesh have proved so intractable. The employed methods, derived primarily from Strydom's (2011) account of critical theory methodology, use a qualitative analysis approach to examine substantive issues between the two countries, their history, diplomacy and geography, and to examine carefully how the disputes are seen, defined and acted upon by key players on both sides. The thesis includes a critical analysis of the India-Bangladesh land border dispute with the primary focus on the weaker actor, making sense of Bangladesh's response to attempts to dominate its border policies by a much larger country that was also, in the early 1970s, the sponsor of its independence. The thesis draws on a wide range of original sources, including primary documents sources from both sides and interview sources conducted by the author. It also includes a critical appraisal of the process of negotiation and the interlocking of legal and political arguments in the management of the conflict. The dispute has been partially resolved since the thesis was started, and the analysis aims to explain both the management and the degree of agreement reached by 2015.
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Kim, Ki-hong. "Essays on GATT and international trade disputes." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC IP addresses, 1997. http://wwwlib.umi.com/cr/ucsd/fullcit?p9820986.
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Marx, Rebecca N. "What Is the Role of International Law in Resolving Territorial Conflict? An Analysis." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/scripps_theses/734.
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In my thesis, I investigate the effectiveness of international law in helping to settle territorial disputes. My hypothesis is that international bodies and laws fail to ameliorate territorial conflict because they fail to provide sufficient incentives to overcome political hurdles to resolution. To analyze this topic, I will examine three territorial disputes in Northeast Asia. The three cases in question are all quite longstanding. All three have had ample time and opportunity to be arbitrated or adjudicated by an international body. Yet this has not occurred. I will postulate reasons why they this is the case, using information drawn primarily from scholarly journals, and other reputable sources in the field of political science which are listed in the bibliography herein. I have also reviewed the text of relevant treaties that apply to the nations under examination. While all three of the cases that I describe take place in the same geographic region, one may apply the lessons learned from these three cases more globally because the same root problem that prevents these three Northeast Asian examples from being resolved through international law also exists in other cases—namely insufficient incentive to change the status quo in spite of potential consequences and unwanted concessions.
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Sullivan, Laurence Michael. "International law and the break-up of the United Kingdom : towards a democratic theory of secession." Thesis, University of Cambridge, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.621924.
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Bjorge, Eirik. "A theory of national application of the European Convention on Human Rights." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:886adfa8-c036-415c-9268-cc1f828792a5.
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This study seeks to flesh out a theory of national application of the European Convention on Human Rights (ECHR). It does so by seeking to provide an answer to the research question, ‘what is the proper role of the domestic courts in the application of the European Convention?’ By relying upon the examples of French, German, and UK law, the study argues that it is not true in descriptive terms, nor desirable in normative terms, that the domestic courts take an approach to the ECHR based upon friction and assertion of sovereignty. This study argues instead that domestic application of the ECHR is built on the attainment of certain aims. These aims are inferred, in the main, from the domestic courts’ jurisprudence, such as it relates to four central ECHR doctrines, and they are: the doctrines of evolutionary interpretation; proportionality; the margin of appreciation; and autonomous concepts. On the basis of an analysis of this jurisprudence, the four aims are identified as being, first, honouring the principle of pacta sunt servanda; secondly, the safeguarding of human rights based upon the insight that human rights are a paramount good to be pursued; thirdly, the aim of positive, as opposed to negative, rights diversity; and, fourthly, the aim that conclusions reached on the domestic level of one state must be capable of being universalized. The approach of the domestic courts to the application of the ECHR can be explained on the basis of the domestic courts’ wish to attain these four aims. The proper role played by the domestic courts, the study argues, is one in which they are willing to give a lead to Strasbourg as well as to be led, in both, to use the wording of the Preamble of the ECHR, ‘the maintenance’ and in the ‘further realisation’ of the Convention rights.
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Kathrani, P. "International refugee law and legal theory : developing a new global ethic for the contemporary protection of refugees." Thesis, King's College London (University of London), 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.731472.
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This thesis scrutinises, from the perspective of legal theory, how contracting states have applied the Refugee Convention. It argues that a hard positivist paradigm of separating what the law is from what it ought to be is insufficient because the Convention is a legal instrument of value that protects human autonomy. That is why it is necessary to use a different framework. It will use a rational one and argue that while the Convention, as a legal document, required contracting states to protect the rational autonomy of those seeking protection, rationality has also enabled states to put their interests first. This will also be related to the wider notion of power. The thesis will then apply this rational framework to explain why Britain has passed some unreasonable measures for processing asylum claims and also use it to argue why it is becoming increasingly important for human freedom in a global world that states adopt the proper legal will.
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Martineau, Anne-Charlotte. "Une analyse critique du débat sur la fragmentation du droit international." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010336/document.
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Cette thèse cherche à analyser de manière critique le débat sur la fragmentation du droit international tel qu'il est apparu à la fin des années 1990. Débattre de la fragmentation, c'est débattre du sort réservé au droit international en raison de la prolifération des institutions et des modes de pensée spécialisés. De l'extérieur, le droit international public semble dépassé par les structures dynamiques et informelles de gouvernance privée tandis que de l'intérieur, la croissance continue de ses branches spécialisées pose la question de savoir s'il existe encore un tronc commun ou un noyau dur autour duquel la discipline serait unifiée. Du point de vue interne, donc, la multiplication des règles et des institutions spécialisées l'ont perçue comme un danger qui doit -et qui peut- être évité, tant et aussi longtemps que l'on assure la cohérence ou l'unité d'interprétation du droit international général et de ses branches spécialisées, travail qui incombe à la dogmatique juridique ainsi qu'à la pratique juridictionnelle. Du point de vue externe, l'apparition des régimes de régulation fonctionnels témoigne plus simplement de l'impact de la mondialisation sur le droit (international) et de la façon dont celui-ci s'adapte à celle-là au travers de nouveaux processus déformalisés de juridisation. L'objectif de cette thèse est de montrer qu'aucune des positions ne peut l'emporter de manière décisive sur les autres, de comprendre pourquoi et d'analyser les conséquences de cette indéterminationThe aim of this PhD is to critically analyse the debate on the fragmentation of internationallaw as it émerged in the late 1990s. This debate is a debate about the fate of international law in light of the proliferation of specialised institutions and multiple modes of thinking. From the outside, public international law seems sidelined by the informaI structures of private governance while, from the inside, its functional differentiation raises the question of whether there is a centre around which the discipline would still be unified. From an internaI viewpoint, thus, the multiplication of specialised mIes and institutions looks like a dangerous evolution that should -and can- be avoided, as long as international lawyers ensure a consistency in the interpretation ofboth general internationallaw and specialised regimes. From an external viewpoint, the growth of regulatory regimes seems to reflect the impact of globalisation on (international) law and the way law responds to the functional difTerentiation of global society. The objective of this the sis is to show that none of the positions can prevail decisively over the others, to understand why, and to analyse the consequences of such an indetermination
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Massey, Chitralekha Marie. "Child soldiers : theory and reality of their existence : the question of international protection available to them in contemporary times." Thesis, University of Nottingham, 2000. http://eprints.nottingham.ac.uk/11743/.
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Children are regarded as holders of specific rights and special privileges, and yet more and more children continue to be abused in one form or the another. One of the worst forms of abuse is the willingness of adults today to use children on the numerous frontlines of the world. This aim of this thesis is to develop an argument against the practice of child recruitment and participation and for the practice of non-recruitment and hence non-participation in any form of all children under 18 in armed conflicts. Chapter One introduces the problem, it reflects on the impact and effect of armed conflict on Children, Chapters Two and Three present the moral arguments and the legal basis for extending protection to children from this form of abuse. Chapters Four and Five considers the issues of recruitment and subsequent treatment on capture for these child soldiers. Chapter Six is a case study of Uganda. This case study attempts to answer questions that might help in reaching out realistically to help children in this situation. Chapter Seven emphasises on the right to rehabilitation. Chapter Eight analyses the response of the international Community to the problem of Child Soldiers and Chapter Nine in the form of concluding remarks summaries the conclusions of this thesis, that it is possible to stop this practice but we need a stronger and united political stand for this purpose. It presses for the adoption and enforcement of a Optional Protocol to the Convention on the Rights of the Child which will establish a flat ban on all forms of participation by all children under 18.
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Wiese, Volker. "Deconstructing the dogma of territoriality, a new approach to the private international law of copyright through the theory of transposition." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0019/MQ55111.pdf.
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Yusuf, Hakeem Olayinka. "Transitional justice, judicial accountability and the rule of law- a Nigerian case study." Thesis, University of Glasgow, 2009. http://theses.gla.ac.uk/545/.
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This study investigates accountability of the judiciary for its role in authoritarianism as an integral part of accountability in transitions. It argues this is an important but relatively neglected aspect of transitional justice theory and state practice. The thesis of the research is that the judicial institution, as the third branch of government ought to be held accountable for its role in past governance in transitional societies. This is particularly important to obtain comprehensive accountability. It is also relevant to the crucial task of institutional transformation which is a key objective of transitional justice. The paucity of critical perspectives on the role of the judiciary during a society’s troubled period would appear to be because of the view that it lacks a distinct role in governance. This suggests that the judicial function was inconsequential or judicial outcomes were invariably imposed. In view of the acknowledged important role of the judiciary in both liberal and democratising polities all over the world, it is argued that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. There is the need to publicly scrutinise the course of judicial governance in post-authoritarian societies as a cardinal measure of institutional transformation. Following on the recognition that the judiciary in post-authoritarian contexts will be faced with enormous challenges of dispute resolution, restoration of the rule of law, as well as a key role in policy determination and governance, its institutional transformation following a period of siege is critical to the survival of democracy and the rule of law. The mechanism of choice identified in this research for scrutiny of the judicial function in transitional societies is the truth commission. The research proposes extending the purview of truth-telling processes as a measure of public accountability to the judiciary in post-authoritarian contexts. The research adopts a comparative perspective but to contextualise the argument, it focuses specifically on judicial governance and accountability for the past in Nigeria’s transition to democracy after three decades of authoritarian rule.
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Hammond, Judith. "The quest for perpetual peace: possibilities for international law reform based on Philip Allott's theory of social idealism." Thesis, University of Auckland, 2010. http://hdl.handle.net/2292/6692.
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This thesis takes up Philip Allott's challenge to think beyond the confines of academic and professional disciplines, to formulate new ideas that will transcend the current international order and create a better human future. Part I offers a theoretical exploration of past endeavours to secure perpetual peace and a map of the contemporary theoretical landscape in international law and international relations within which Allott's theory of social idealism is situated. Part II is an explication and evaluation of Allott's theory. The evaluation confirms that while the theory prescribes an international constitutionalism for a "true" international society, it does not provide practical guidance for improving the current system of international law. Allott is well aware of this. When referring to his own contribution to the discourse on the nature and function of law in humanity's integrated future, he declares that the geometer's work is complete, but that there is a need for more detailed carpenter's plans. His hope is that (younger) scholars and intellectuals will be inspired to reconnect with their intellectual inheritance, to explore new and better lines of thought, and to seek better connections between ideas – even ancient ones. Consequently, in Part III, Allott's theory is used as a springboard to construct three practical proposals intended to contribute to those detailed plans. The proposals have been developed to enable humanity to move in the direction of Allott's "true" international society specifically by transcending the recurrence of mass slaughter that is both condemned and condoned by the current regime of international law. The first proposal of an ethical obligation, and the second of an eventual legal code, concern the holding to account of all capable members of humanity for the protection of vulnerable members from atrocity. The proposals are submitted in the hope that the contemplation – if not the realisation – of these ideas might accelerate the socialisation and democratisation of international society by "the people". This would also accelerate the infiltration of international law by individuals as both subjects and objects, and redirect the central task of international law away from the protection of naked reason of state towards the reconciliation of capability and vulnerability of individual members. The third political proposal suggests how these ideas might be promulgated within the current legal and political milieux. It is anticipated that these proposals would enhance the development of a "true" international law – one that is a product of the total social process of international society, of all people and subordinate societies. With the actualisation of such an international law, perpetual peace might be realised.
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Kikugawa, Tomofumi. "A theoretical analysis of the Law of the Sea negotiation in the context of international relations and negotiation theory." Thesis, University of Stirling, 1999. http://hdl.handle.net/1893/1521.
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The Law of the Sea negotiation, which was instigated as a response to increased human activities at sea, was an international law making process. The negotiation has been described as the longest, most techncally complex, continuous negotiation attempted in modem times. It was attended by almost all states in the world and contained a series of complex and overlapping issues. It was a remarkably successful process in that it concluded with an agreement, which protagonists with different interests and objectives succeeded in producing after 27 years. This thesis analyses international relations and negotiation theories that relate to the Law of the Sea negotiation, highlighting the strengths and weaknesses of each body of theory. The work goes on to examine the most importnt aspets of the Law of the Sea negotiation, including why the negotiation started, the core issues and principal actors of the negotiation, the process up until 1980 when the draft Treaty was devised, the American rejection of the Treaty and the process which led to the final agreement of 1994. The work then looks at these individual aspects of the negotiation in the context of the examination of international relations theory and negotiation theory that relates to the Law of the Sea. The thesis concludes by proposing a model that explains the Law of the Sea negotiation. The model questions existing theory on the meaning of the state and states' status in international society.
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Braig, Katharina. "The individual right to reparation for victims of sexual violence during armed conflict in international law - theory and practice." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4683.
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Canga, P. "Detention of minors in the United Kingdom and Turkey as an immigration policy : assessing the predictive value of human rights compliance theory." Thesis, City, University of London, 2017. http://openaccess.city.ac.uk/19259/.
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The end of World War II was the beginning of an era of promises being made for the protection of human rights. Since then, the international community has established a variety of legal instruments that aim to achieve this protection. These legal instruments at the international level provide certain standards for states to fulfil, such as the right to a fair trial and prohibition of arbitrary detention. Despite the growing international human rights network including several official and non-official actors, non-compliance with international protection standards by states is still a serious challenge within the system. The ever-enlarging literature on international law compliance theories persistently seeks to find ways to overcome this problem. Immigration detention of children, one of the human rights issues on which the international network has provided guidance to states, has been practiced by Turkish and British immigration authorities for a considerable period of time. This practice has been justified on the grounds of efficient immigration control. Nevertheless, these two countries recently took legislative steps towards compliance with international human rights standards regarding immigration detention of minors. This research investigated these processes in Turkey and the UK to find out whether there were any actors that influenced the decision to change legislation by applying a selected compliance theory that focuses on socialisation between various actors such as courts and international monitoring bodies and the state. It was clear that these two very different countries reached the same conclusions via distinct routes, in reference to different reasons and motivations. While the theory’s predictive value showed only limited success in the UK’s case due to its reliance on socialisation and international law, it had high explanatory power for Turkey’s case. Nonetheless, it still demonstrated the importance of identifying actors capable of influencing decisionmaking of states to further strengthen the system of protection of human rights.
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Ntovas, Alexandros. "Compulsory settlement of compatibility fishery disputes : the theory of embedded clauses in article 7 of the agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks." Thesis, University of Southampton, 2011. https://eprints.soton.ac.uk/345561/.
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The 1995 UN Fish Stocks Agreement established the principle of compatibility envisaging that conservation and management measures adopted within national Exclusive Economic Zones and those adopted on the adjacent high seas should be compatible. However, the aforementioned principle has been regarded as representing one of the most contentious elements in the new law of the sea régime. The ambiguity lies in the existent legal uncertainty about the measures which shall be regarded as the referential basis for international regulatory schemes. The above controversy becomes more acute in the shade of the doubtful application that the available disputes settlement provisions under the 1982 UN Convention on the Law of the Sea might have on this kind of disputes. The present disquisition studies the rationale behind an obscure system of clausal construction which was conceived by, and for first time emerged from the drafts of, the UN International Law Commission in early 1950s. This clausal construction refers to the peculiar pattern of legal drafting wherein procedural clauses are amalgamated into articles of substantive law. It is argued that treaty articles containing such clauses are predisposed to establish an inextricable connection between the substantive provisions and the provisions of procedure for the settlement of disputes. This kind of blended provisions represents a sui generis law, the peculiarity of which derives from its own insusceptibility to State auto-interpretation. The purpose of this analysis is to argue in favour of the compulsory application of the 1995 UN Fish Stocks Agreement's settlement procedures on compatibility disputes in remaining unaffected by the operation of the procedural limitation. In advancing this argument the present thesis aims at developing a theory over the functional role of the procedural clauses which initially seem that for no obvious reason have been extracted from Part VIII of the Agreement and been embedded into the substantive article of compatibility. By analysing thus the textual formation of embedded clauses the present thesis constructs its argument upon – and further advances – an existing proposition in the literature that views compulsory dispute settlement procedures as indispensable element of the substantive principle insofar as compatibility is vaguely construed in neutral terms; i.e., without a predetermined orientation in its geographical scope.
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Malm, Samuel. "Rawls problem of securing political liberties within the international institutions." Thesis, Umeå universitet, Institutionen för idé- och samhällsstudier, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-148927.
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In Law of Peoples Rawls tries to work out a theory that will ensure a fair interaction between the world’s ‘peoples’ (synonymous with “nations”). By this he means a description of international rules that both liberal and non-liberal peoples can accept, with the purpose of eradicating political injustices in the world; which Rawls believes is the big cause of the greatest evils in the world. Furthermore, in his theory, Rawls envisions a set of international institutions (WTO, World Bank and “the UN”) that will work as the basic structure for implementing this scheme of law; global rules of trade; providing loans; facilitation of capital investment, etc. However, the theory lacks a description of which political liberties the peoples would want to secure, within the international institutions, and of what principles of distribution they should be assigned. Accordingly, I will in this essay try to establish which rights the peoples—as Rawls envisions them—would want to secure, and why they would want to be viewed as equal to everybody else, by reasons of the institutions profound and pervasive effect on peoples success. Furthermore, I will contend that this equality in political liberties, and especially the ‘principle of equal participation’, will be impaired by the inequalities in resources that Rawls accepts between the peoples. Consequently, an issue of how wealthier peoples will use their power to promote their self-interest, and the lack of belief that constitutional safeguards, within the international institutions, will constrain them from using means of agitation.
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Radice, Luke C. "Evolving Conceptions of Sovereignty as Applied to Membership in International Organizations." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2147.
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In the current international climate, both nations and individuals increasingly question both the validity and necessity of international organizations. This paper seeks to answer some of those questions, and to determine why countries choose to surrender significant portions of the national power that they are afforded under traditional perceptions of “Westphalian sovereignty”. This question is answered through an analysis of historical political thought on the concept of Sovereignty, then is applied to two case studies: the United Nations and the European Union, in which the benefits and downsides of surrendering sovereignty are discussed. Ultimately, this thesis concludes that the concept of Westphalian sovereignty is weakening in the modern world, as the international system gradually adopts new ideas about what national power allows, and reapplies old concepts that had long fallen out of use. Additionally, many of the problems faced by humanity in the present day are too large and complicated to be solved by singular nations, and require concerted international action. Together, these evolving conceptions of sovereignty and increasingly complex global problems have greatly contributed to the growth and empowerment of international organizations.
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Dahlman, Roland. "Corporate form and international taxation of box corporations." Doctoral thesis, Stockholm : Acta Universitatis Stockholmiensis : Almqvist & Wiksell International [distributör], 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-1009.
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Bourdoncle, Emmanuel. "Le concept de traité international. Racines antiques et significations contemporaines." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020076.
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Instrument essentiel du système juridique international, le traité se caractérise par sa permanence historique et son utilisation étendue. Cette importance peut notamment être soulignée à travers une analyse historique mettant en avant la dimension inhérente à tout système juridique international de l’instrument conventionnel. Dans sa nature comme dans sa pratique, le traité démontre une souplesse et une faculté d’adaptation essentielle que l’Antiquité gréco-romaine permet d’éclairer. En effet, pensé et utilisé largement à cette époque, cet instrument connaît dès ce moment ces principaux traits. Collection d’actes unilatéraux dont l’unité découle de son caractère écrit et la force obligatoire de l’engagement international de ses parties, le traité permet la formation d’obligations internationale diverses conduisant à une application particulière du droit internationalAs an essential instrument of the international legal system, the treaty is characterized by its historical permanence and its extensive use. This importance can be highlighted in particular through a historical analysis putting forward the inherent dimension of the convention to any international legal system. Its nature and its practice demonstrate the treaty flexibility and a capability of adaptation that the Greco-roman Antiquity allows to enlighten. Indeed, thought and used from this time, this instrument knows its main features since this moment. Collection of unilateral acts whose unity derives from its written character and its binding force from the international commitment of the parties, the treaty allows the formation of international obligations leading to a particular application of international law
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Oguri, Kota. "Sexual Occidentation and Its Consequences in LGBT Rights Politics: Reverse Orientalism, Homonationalism and Postcolonial Homophobia." Ohio University / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1429552752.
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Doucet, Marc G. "Asia-Pacific Economic Cooperation (APEC) and the parallel 'people's summits': Theorizing the political and democracy in international theory." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ57036.pdf.
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