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Dissertations / Theses on the topic 'International Law'
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1
Roberts, Anthea Elizabeth. "Is International Law International?" Phd thesis, Canberra, ACT : The Australian National University, 2017. http://hdl.handle.net/1885/124611.
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International lawyers are familiar with the question:
“Is international law law?” But this thesis instead asks the
question: “Is international law international?” Using a
variety of methods, this work sheds light on some of the ways in
which international law as a transnational legal field is
constructed by international law academics, and is conceptualized
in international law textbooks, in the five permanent members of
the Security Council: the People’s Republic of China, the
French Republic, the Russian Federation, the United Kingdom of
Great Britain and Northern Ireland, and the United States of
America. It explores how different national communities of
international lawyers construct and pass on their understandings
of “international law” in ways that belie the field’s claim
to universality, perpetuating certain forms of difference and
dominance. By adopting a comparative approach, it aims to make
international lawyers more aware of the frames that shape their
own understandings of and approaches to the field, as well as how
these might be similar to or different from the frames adopted by
those coming from other states, regions or geopolitical
groupings. It also examines how some of these patterns might be
disrupted as a result of shifts in geopolitical power, such as
the movement from unipolar power toward greater multipolarity and
the growing confrontations between Western liberal democratic
states (like the United States, the United Kingdom, and France)
and non-Western authoritarian states (like China and Russia).
2
Perrin, Benjamin. "An emerging international criminal law tradition : gaps in applicable law and transnational common laws." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101824.
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This thesis critically examines the origins and development of international criminal lave to identify the defining features of this emerging legal tradition. It critically evaluates the experimental approach taken in Article 21 of the Rome Statute of the International Criminal Court, which attempts to codify an untested normative super-structure to guide this legal tradition.<br>International criminal law is a hybrid tradition which seeks legitimacy and answers to difficult questions by drawing on other established legal traditions. Its development at the confluence of public international law, international humanitarian law, international human rights law and national criminal laws has resulted in gaps in difficult cases with no clear answers. These lacunae have been filled by recourse to judicial discretion, exercised consistent with Patrick Glenn's theory of transnational common laws, and by privileging one of the competing aims of international criminal law: enhancing humanitarian protection versus maximizing fairness to the accused.
3
Orakhelashvili, Alexander. "Peremptory norms in international law /." Oxford [u.a.] : Oxford Univ. Press, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/508437466.pdf.
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Godoy, Wilson Magdalena Sofia. "Sexual violence in armed conflict under international law: The interplay between international humanitarian law human rights law and international criminal law." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/56998.
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Fuentes, Carlos. "Normative plurality in international law: the impact of international human rights law in the doctrine of sources of international law." Thesis, McGill University, 2014. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=123029.
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This dissertation attempts to provide a theoretical framework for explaining the choices made by international decisions-makers as to what constitutes law. It is proposed that the practice of international human rights courts recognises that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on such practice, the author advances his normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.<br>Cette thèse vise à fournir un cadre théorique pour expliquer les choix effectués par les décideurs internationaux sur ce qui constitue la loi. Il est proposé que la pratique des tribunaux internationaux des droits de l'homme reconnaît que différents instruments normatifs coexistent dans un espace non-ordonné, et que le sens peut être produit par le libre jeu de ces instruments autour d'un problème. Sur la base de cette pratique, l'auteur avance son hypothèse de la pluralité normative qui stipule que les décideurs doivent étudier l'acquis du droit international afin d'identifier tous les instruments contenant des informations normatives pertinents pour une situation particulière. L'ensemble des règles de droit applicables à la situation doit ensuite être complété par d'autres instruments contenant des informations normatives spécifiques relatives à la situation, résultant en un système complet de normes avançant un objectif commun.
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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.<br>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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Neuwirth, Rostam Josef. "International law and the publicprivate law distinction." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30320.
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Traditionally, public international law and private international law were perceived as two different categories of law; the former governing the international relations between states and the latter those between private individuals. Their relation is based upon an evolutionary development from private to public, and from municipal to international, law. In the modern world, this evolution has culminated in a dynamism reflected in numerous interactions between a wide range of different actors. As a result, the former boundaries between the public and private law, as well as the international and municipal law dichotomy, have become blurred. In an emerging global society, these four major categories have entered a dynamic dialogue that equally challenges both legal theory and practice. This dialogue is centred around a functioning global legal framework, in which public international law and private international law can---due to their distinct scopes of application---answer many unanswered questions, providing that they speak with one voice.
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Lagerberg, Eric M. "Conflicts of laws in private international air law." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59992.
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The thesis deals with problems of conflict of laws and its latest developments, especially in Europe, in relation to international air transport. (1) The contractual situations connected with air transport are analysed in light of the applicable international air law conventions and of a comparative survey of the conflict of laws rules of some states and international conventions on conflict of laws concerning contracts. Where the international air law conventions do not supply the solution or where they are not applicable resort has to be made to the conflict of laws. (2) Conflict of laws also arises in the legal interaction (contracts, sale of goods, transfer of ownership--res in transitu, torts, marriages, wills, etc.) between persons onboard an aircraft in flight. (3) The aircraft as an expensive and highly mobile chattel poses problems from the rights in rem point of view in the conflict of laws. (4) Aircraft accidents and the tortious liability of persons and entities involved as well as obligations arising from assistance and rescue operations pose conflict of laws problems.
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Clados, Mirjam Sophia. "Bioethics in international law." Diss., lmu, 2012. http://nbn-resolving.de/urn:nbn:de:bvb:19-152470.
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Jackson, Miles. "Complicity in international law." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:4f6db506-c5a7-43d6-af49-fec9ad2d7461.
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This thesis is concerned with the ways in which international law regulates state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to wrongdoing by a principal actor. Whenever complicity is prohibited, certain questions arise about the scope and structure of the complicity rule. To answer these questions, this thesis proposes an analytical framework in which complicity rules may be assessed, and defends a normative claim as to their optimal structure. This framework and normative claim anchor the thesis’ analysis of complicity in international law. The thesis shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. These doctrines are marked by the breadth of the complicit conduct prohibited, a standard of knowledge in the fault required of the accomplice, and an underused nexus requirement between the accomplice’s acts and the principal’s wrong. In contrast, international law’s regulation of state complicity was historically marked by an absence of complicity rules. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of regulating the state’s participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.
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Manton, Ryan. "Necessity in international law." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:0ee2dd8e-6eac-4364-b538-21ae5eb932a2.
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This thesis examines the role of necessity, as a defence to State responsibility, in international law. Necessity provides a State with a defence to the responsibility that would otherwise arise from its breach of an international obligation where the only way that State can safeguard an essential interest from a grave and imminent peril is to breach an obligation owed to a less imperilled State. It is a defence that has generated a considerable body of jurisprudence in recent years and yet it continues to be plagued by a perception that States have abused it in the past and by fears that States will abuse it in the future - 'necessity', declared the German Chancellor on the eve of World War I, 'knows no law'. This thesis contends that this perception is flawed and these fears are unfounded. The main claim of this thesis is that necessity operates as a safety valve within the law of State responsibility that mediates between the binding quality of international obligations and the harsh consequences that may follow from requiring compliance with those obligations at all costs. This safety valve promotes the reasonable application of international law and it recognises that international law must sometimes bend so that it does not break. The thesis bears out this claim by contending that necessity has a stronger pedigree than is commonly appreciated and that it is solidly grounded in, and its contours are constrained by, customary international law. It charts those contours by first examining the scope of the obligations to which necessity may provide a defence, which includes examining how necessity relates to fields of law that contain their own safety valves regulating emergency situations. It then proceeds to examine the conditions that a State must satisfy in order to establish necessity and it finally examines the consequences of necessity, including for the stability of international law. The thesis concludes that any suggestion that 'necessity knows no law' has no place in international law today.
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Taylor, Owen. "International law and revolution." Thesis, SOAS, University of London, 2014. http://eprints.soas.ac.uk/20343/.
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This thesis aims to provide an investigation into how revolutionary transformation aimed to affect the international legal order itself, rather than what the international order might have to say about a revolution. This study also hopes to illuminate the potential limits that the legal form offers to revolutionary praxis. Revolutionary praxis is taken to constitute action taken in pursuit of the social aspirations first born in the modern era alongside the expansion of the capitalist mode of production that envisaged a world free of the exploitation of man by man and the relentless pursuit of profit. This thesis takes as a central concern the deep connection between the form of law and capitalism, which implies that law as it is currently recognised would not survive the demise of capitalism, and that therefore revolutionary legal praxis would have as its ultimate aim the overthrowing of the current system of international legal relations. Such practice would simultaneously aim to reveal the law as complicit in and constitutive of capitalist oppression, thereby disenchanting the liberal legalist aspirations of the progressively inclined members of the profession. In order to examine this basic thesis, Soviet and Third World relationships to international law are considered. The Soviet relationship was explicitly couched as revolutionary praxis, although it did not see law as the prime location of such activity. The Third World also aimed at radically overhauling international relations, but did so with a far greater investment in the form of law as a vehicle for this aim. The thesis concludes that although the prime reason for the failure of both Soviet and Third World's international legal engagement could be considered in some sense as 'force of arms', that this was entwined with and supported by the 'force of law'. The law's internal logic proved inimical to revolutionary praxis, which offers a substantial caution to any attempt to 'use' international law to pursue anti-capitalist activity.
14
Zeffert, Henrietta. "Home and international law." Thesis, London School of Economics and Political Science (University of London), 2017. http://etheses.lse.ac.uk/3566/.
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International lawyers talk about housing but rarely about home. This is surprising when one considers that home is central to everyday life in the world. Home is the navel of our daily journeys and an arbiter of the transitions we make during our life course. The image of ‘home as haven’ conjures a place liberated from fear, emotionally noble and natural, a metaphor for comfort, solidarity and protection. Yet home throughout the world is far from this ideal. Home destruction, forced eviction, displacement, distress sales, dispossession, repossession, unaffordability and homelessness are also emblematic experiences of home. As the desire for home is twinned with increasing anxieties about it arising from the pressures and possibilities of globalisation and its attendant spatial transformations, economic crisis, political realignment and escalating social inequality, the need to ask how the intimate realm of home is linked to the norms, ambitions and contradictions of global phenomena and the international legal regimes that relate to them is extensive. While home is not a well-developed concept in international law, in this thesis I argue that international law is in fact already present at home. Through three studies of home set in different contexts, I illustrate some of the ways that international law gets involved in transformations of home. I suggest that international law’s ‘homemaking’ work can have devastating effects and that these effects are frequently ignored or elided by scholars and lawmakers in the field. Nonetheless, I also argue that the concept of home can be understood as an analytical tool which opens up a terrain of experience – of loss, suffering and struggle but also radical engagement and expanded agency – that is not captured or expressed in international law. Taking a global socio-legal perspective and a critical geographic approach to home, this thesis traces how international law reaches into, takes place in, and gives shape to everyday life in relation to home. While the main aim of the thesis is to draw international law scholars’ attention to home, it also contributes to methodological discussions among international law scholars working at the interface of the local and the global and especially those scholars interested in the everyday life of international law.
15
Loos, Clemens. "The convergence and divergence of International Humanitarian Law and International Human Rights Law." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6236_1182745813.
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<p>In this minithesis, I demonstrate that International Humanitarian Law and International Human Rights Law are two distinct but related fields of law. First, the examination deals with the instance that the aim of both branches of law, the protection of human rights, is common, but the approach to reach this aim is different. In this regard, I show numerous points of divergence of both branches of law which have their origin in the fundamentally different historical developments of International Humanitarian Law and International Human Rights Law. I give the main attention to the application of both sets of law, whereby the contractions and legal gaps of the protection of human rights become apparent. The proposals dealing with the solution of these issues are discussed. I argue that a new legal instrument for a comprehensive and compatible protection of human rights is necessary, especially in times of internal strife. Regarding the question as to whether International Humanitarian Law or International Human Rights Law should apply if both branches are applicable, I take the view to apply the roman principle of law lex specialis derogat legi generali in such a way that the more specific rule whenever they have a specific justification for dealing with specific problems is applicable. Both branches of law do not merge to one, but they converge to a harmonious relationship, where they complement each other and provide the highest protection of human rights.</p>
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Ochse, Aaron Richard. "Targeted Killing, Drones and International Law| How U.S. Practice is Shaping International Law." Thesis, The George Washington University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1556566.
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<p> Since 2002, the United States has been conducting drone strikes as an integral part of its war on terror against al Qaeda. This paper discusses the evolution of that practice and considers the legal implications of the targeted killing of alleged members of al Qaeda and its affiliate organizations in non-battlefield situations. It argues that the U.S. is negatively influencing international law at a time when the law is unsettled with regard to non-battlefield targeting of members of armed opposition groups. Further, some of the strikes conducted by the U.S. violate the principles of distinction, proportionality and military necessity. The paper suggests that the U.S. should alter its course of actions, support a more restrained view of the boundaries of targeted killing, and limit any targeted killings to high-level members of terrorist organizations.</p>
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Fard, Shahrad Nasrolahi. "Is reciprocity a foundation of international law or whether international law creates reciprocity?" Thesis, Aberystwyth University, 2014. http://hdl.handle.net/2160/d749591e-1f9b-4d7b-a43a-3dc7ef062b15.
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The absence of a powerful uniform legal authority, to enforce international law and international agreements, has placed reciprocity in a pivotal position in inter-State relations and the extent to which States rely on reciprocity. This thesis examines the significance of reciprocity and the extent to which reciprocity manifests itself in international law, more specifically is this manifestation a foundation of international law or whether international law creates reciprocity. The present work argues how reciprocity in international law is a multifaceted concept. On the one side it is a principal tool incentivising States away from wrongful acts, and to abide by their obligations; alternatively it is a tool for establishing the right to a reciprocal response. Thus the study sets out to explore how international law shapes the international community’s interactions and how, in turn, these interactions shape international law. Considering the important role that the rule of law plays in the context of international law, the thesis aims to provide an in-depth analysis of the rule of law particularly in its relationship with international law. This analysis will provide a useful discussion on the interactions between the rule of law and reciprocity. The United Nations was established to enhance co-operation amongst the international community with the goal of maintaining international peace and security. This thesis will explore the role of reciprocity in international law on enhancing international commitment and international co-operation. The significance of this lies in reciprocal and ‘remedial’ options in international law that maintain States’ commitment to international obligations which in turn develops friendly relations and international co-operation. This thesis will aim to contribute to scholarly works to bridge the existing gap in interdisciplinary studies exploring the connection between reciprocity, co-operation and the rule of law in the realm of international law.
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Weatherall, Thomas Christopher. "Peremptory norms of general international law (Jus Cogens) : international law and social contract." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607751.
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Lu, Angela Cheng-Jui. "International airline alliances : EC competition law-US antitrust law and international air transport /." Leiden, 2002. http://catalogue.bnf.fr/ark:/12148/cb41007115m.
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Neuwirth, Rostam Josef. "International law and the public/private law distinction." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64296.pdf.
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Dang, Hop Xuan. "International law as governing law of state contracts." Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.496437.
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Las, Heras Horacio Raúl. "International Labor Law Standards and Argentine Domestic Law." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/117309.
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The following article attempts to address the problem, from the point of view of the labour law, which arises on the interpretation of standards on the basis of an analysis of sources, both internal sources such as international. Whereupon, the author advocates maintain the essence of the protective principle of labour law which will lead to combining rules from different sources to protect both the worker as the structure institutional and legal of the domestic law of each country.<br>El presente artículo intenta abordar la problemática, desde el punto de vista del derecho laboral, que se presenta en torno a la interpretación de normas laborales partiendo de un análisis de fuentes, ya sea tanto fuente interna como internacional. Con lo cual, el autor aboga por mantener la esencia del principio protector del derecho laboral lo cual llevará a conjugar normas de las diferentes fuentes para proteger tanto al trabajador como a la estructura institucional y legal del derecho interno de cada país.
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BARRA, MATTEO. "Investment protection between international law and EU law." Doctoral thesis, Università Bocconi, 2010. https://hdl.handle.net/11565/4053897.
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Mills, Alex. "The confluence of public and private international law : justice, pluralism and subsidiarity in the international constitutional ordering of private law /." Cambridge ; New York : Cambridge University Press, 2009. http://opac.nebis.ch/cgi-bin/showAbstract.pl?u20=9780521731300.
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Brölmann, Catharina Maria. "The institutional veil in public international law international organizations and the law of treaties /." [S.l. : Amsterdam : s.n.] ; Universiteit van Amsterdam [Host], 2005. http://dare.uva.nl/document/79790.
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Melzer, Nils. "Targeted killing in international law /." Oxford [u.a.] : Oxford Univ. Press, 2009. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=018603773&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Teilw. zugl.: Zürich, University, Diss., 2006 u.d.T.: Melzer, Nils: Targeted killing under the international normative paradigms of law enforcement and hostilities.<br>Includes bibliographical references (p. [445]-458) and index.
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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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López, Escarcena Rafael Sebastián. "Indirect expropriation in international law." Thesis, University of Edinburgh, 2008. http://hdl.handle.net/1842/24852.
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The protection of aliens offers an international minimum standard of treatment. The main interference risked by foreign investors is the expropriation of their property. This may occur in two forms: as an outright taking or as measures having an equivalent effect. Changes in international economics and politics have placed the latter in the centre of legal debate. Indirect takings refer to those measures that are not openly expropriatory, but result in the deprivation of the property of an alien. Identifying the boundaries between them and non-compensable regulatory measures is the chief problem in this area of international law. While the issue is left unsolved by the conceptual analysis of indirect takings, two doctrines provide useful guidelines on it. The first one has been identified as the sole-effect doctrine. According to this position, the central factor in establishing whether an indirect taking has occurred is the result of the host-state measures on the affected property. The second position is the so-called police powers doctrine. Besides the effect on the alien’s property, this takes into account the purpose and the context of the respective measures. The present thesis investigates which of these doctrines conform to international law. For that purpose, it studies the protection of the property of aliens in the law of nations, as developed in the different international <i>fora</i> where the issue has been addressed, and the minimum standard of treatment on which it is based.
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Athanasopulos, Haralambos. "Nuclear disarmament in international law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0024/NQ36567.pdf.
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Hrle, Jelena. "International arbitration and competition law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64281.pdf.
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Sahurie, Emilio J. "The international law of Antarctica /." New Haven, Conn. : New Haven Press [u.a.], 1992. http://www.gbv.de/dms/spk/sbb/recht/toc/274013894.pdf.
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Chinkin, Christine. "Third parties in international law /." Oxford : Clarendon Press, 1993. http://www.gbv.de/dms/spk/sbb/recht/toc/277409462.pdf.
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Xue, Hanqin. "Transboundary damage in international law /." Cambridge [u.a.] : Cambridge Univ. Press, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/353846376.pdf.
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Hrle, Jelena. "International arbitration and competition law." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30305.
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Arbitrating of competition law claims has generated a substantial tension between the policies served by promoting international arbitration and those protected by the national competition law. Despite the legal tension and unpredictability associated with arbitrating competition law issues, the arbitrator should, in principle, resolve such issues. This study analyses the main concerns when arbitrating competition law issues, such as jurisdiction, choice of law and, in particular, the position of national jurisdiction regarding the enforcement of the award conflicting national competition law.<br>This study proposes the functional approach to choice of law problems according to which the arbitrator will decide on the applicable competition law bearing in mind the content of mandatory norm, its connection with a dispute and the consequences of its application and non-application. In that regard, this thesis will examine how an arbitrator should address the extraterritorial effect of the competition law. The study will suggest that if the competition law policies of states connected with a dispute serve opposing and conflicting goals, the arbitrator should, in order to preserve his/her neutral function refuse to decide whose competition policy is "better" and should consequently decline jurisdiction.
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Panagopoulos, George C. "Restitution in private international law." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340238.
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Kingsbury, Benedict. "Indigenous peoples in international law." Thesis, University of Oxford, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334165.
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Saul, Ben. "Defining 'terrorism' in international law." Thesis, University of Oxford, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.416768.
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Rushworth, A. "Remedies and international private law." Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.550578.
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This thesis seeks to determine how remedies inter-relate with the European rules on international private law. The thesis is broadly separated into two Parts, the first Part discussing the relationship between remedies and the general part of European international private law, and the second Part discussing the relationship between remedies and the specific parts of European international private law. From this analysis, three threads can be drawn. First, primary right, secondary right and the court order vindicating them are so closely related that, ideally, the same law ought to apply to all. They form a unit which should remain unbroken. Second, the distinction between substantive and ancillary rights is of crucial importance for remedies in the context of both jurisdiction and choice of law. Ancillary rights are those which arise by virtue of the trial process itself, whereas substantive rights are, or are perceived to be, created prior to the trial. The orthodox jurisdictional and choice of law rules only apply to substantive rights. Ancillary rights have their own, separate, rules. With one exception, the only court with jurisdiction over those ancillary rights is the court with jurisdiction over the substantive right to which they are ancillary. Furthermore, the lex fori must be applied to determine the nature of the ancillary right. Third, there exists a rule of exclusion which is of crucial importance for remedies in the context of both the enforcement of foreign judgments and choice of law. This rule of exclusion applies where the application of the foreign court order, whether applied by virtue of enforcing a foreign judgment, or applied by virtue of applying a foreign governing law under the choice of law process, would be too inconvenient for the forum court's machinery. Under such circumstances, the forum court can disapply the foreign law and substitute the closest order it can from its own legal system.
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Karavias, Markos. "Corporate obligations under international law." Thesis, University of Oxford, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.617599.
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Corporations have emerged as key actors on the international plane challenging the prevalence of the sovereign State as the basic block of the international legal order. Not only does the economic power of corporate entities outstrip that of certain States, but also corporations are increasingly assuming functions comparable to those of States as a result of the trend of privatization. It is for this reason that calls for the direct regulation of corporations by virtue of international law have proliferated. The creation of international law obligations binding directly on corporations is thought to be a credible means of securing compliance of corporate conduct with fundamental rules of the international legal order. The question then becomes how corporate obligations fit within the predominantly State-centric framework of international law. An examination of corporate obligations under international law has to proceed on a number of levels. If international law is found to be applicable to corporations, then one needs to ascertain the conditions necessary for the emergence of corporate obligations. The next level is an ontological one, namely an examination of the sources of potential corporate obligations under positive international law resulting in the affirmation or negation of the creation of corporate obligations. The attitude of States towards corporate obligations as it transpires from the examination of the sources speaks to the normative concerns underlying the whole endeavor to envelop corporations in the international legal order. The final level of analysis is structural. Assuming that international law gives rise to obligations binding directly on corporations, one has to question the scope and structure of performance of these obligations as compared to the respective obligations of States.
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Upcher, James. "Neutrality in contemporary international law." Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.665303.
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This thesis analyses the law of neutrality in contemporary international law. The first chapter considers the relationship between the law of neutrality and the law on the use of force. After an examination of the effect of the law on the use of force on the status of neutrality, it considers, and rejects, the view that neutrality has become an optional legal status. Having concluded that this argument does not accurately describe the way in which neutrality is invoked in contemporary international law, the second chapter proceeds to consider the thresholds for the application and termination of neutrality. Having focused on the status of neutrality, the thesis then turns to examine the rights and duties that attach to neutral status. Rather than an approach that suggests that neutrality consists of a series of principles rather than concrete rules, the analysis of Chapter 3 suggests that States continue to invoke the substantive rights and duties of neutrality; many of those rights and duties, however, are not entirely clear. Chapter 4 proceeds to consider when neutral duties are displaced or modified when the UN Security Council decides on measures under Chapter VII of the UN Charter. While it was originally thought that the UN Charter had abolished comprehensively the ability of States to remain neutral, the failure of the UN Charter provisions on collective security to work as intended have led to a greater role for neutrality than envisaged by the founders of the UN Charter. Finally, Chapter 5 turns to an examination of the impact of the law on the use of force on the exercise of belligerent rights against neutrals at sea, in the context of the law of contraband, blockade, and war zones
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Banks, Theodore L. "Compliance : the new international law." Universitätsbibliothek Leipzig, 2015. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-176433.
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Theodore Banks is a partner at Scharf Banks Marmor LLC in Chicago, and President of Compliance & Competition Consultants, LLC. He is the editor of the Corporate Legal Compliance Handbook, published by Wolters-Kluwer, and an adjunct professor at Loyola University Chicago School of Law, where he teaches corporate compliance. This article is based on a presentation to the University of Denver Sturm College of Law (March 2015).
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Wilson, Peter Antony. "'BRICS' and international tax law." Thesis, Queen Mary, University of London, 2017. http://qmro.qmul.ac.uk/xmlui/handle/123456789/24872.
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This Thesis studies a new and evolving area of international tax law, namely, the international tax law of Brazil, Russia, India, China and South Africa, the 'BRICS', and concludes that the thrust of their divergences from the developed world's international tax law evolves from the necessity to counter the significant illicit outflow of funds while not disturbing inbound FDI or, in recent times, their outbound FDI while ensuring profits are taxed where created. The design of the divergences reflects more on the initial limited manpower capacity of their emerging tax authorities to deal with the complex international tax law issues and politically encouraged policy cooperation amongst the BRICS than it does of actual tax authority cooperation although not wishing to underestimate the importance of that cooperation. Relevant to my conclusions are the published positions of international governance organisations and financing institutions, BRICS tax administrations, scholars and precedent, and I have used that information, both for and against, to arrive at the most rational conclusions. While economic theories may be relevant, they are not relevant to this study. My research questions include what is the basis of the BRICS approach to core international tax law, in what way has their approach to defining evasion and avoidance been driven by the magnitude of profits shifted offshore and particularly to tax havens and whether their divergences from the developed world's approach to countering thin capitalisation, transfer pricing and controlled foreign companies have been fashioned by the necessity for countering the elevated level of abuse. My conclusions also reflect my research on whether the divergences have been designed to counter treaty abuse affiliated with the transactions implemented by MNEs intending to shift the profits offshore or the accumulation of passive income in tax havens and, on whether were the BRICS to localise the BEPS recommendations, would their capacity to counter this abuse be improved. My research also considers whether resolving the disputation arising from the increasing level of tax authority cross border audits and investigations can be facilitated through the adoption of alternative dispute resolution procedures. I also study whether the BRICS' response to the world's growing information exchanging architecture reflects their elevated necessity for gathering information to be used to stem illicit flows, countering international evasion and avoidance and ensuring profits are taxed where created. I conclude the study with recommendations for the BRICS Heads of Revenue to include in a Communique for updating their tax law and procedures which counter the abuse and assist in dispute resolution.
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Portmann, Roland. "Legal personality in international law /." Table on contents, 2009. http://aleph.unisg.ch/hsgscan/hm00231691.pdf.
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Simonsen, Natasha. "Rethinking torture in international law." Thesis, University of Oxford, 2016. http://ora.ox.ac.uk/objects/uuid:a30e1900-4417-4ef2-b426-d614c9cda644.
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This thesis seeks to identify the moral wrong of torture, and to trace the relationship between that wrong and the definition of torture in international law. Because understanding a concept's modern manifestation requires an understanding of its history, the thesis begins by tracing the historical trajectory of legal prohibitions of different forms of ill-treatment beginning with the English Bill of Rights in 1689, subsequently articulated in the 1948 Universal Declaration of Human Rights, that 'no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment'. This prohibition, almost universally accepted by States, has come to be interpreted as embodying a hierarchy with torture at the apex. The shift towards a hierarchical interpretation of the prohibition of torture and ill-treatment in international law was remarkable, both for its decisiveness and for its surprisingly recent occurrence. The reasons for that shift are examined, before turning to a consideration of the competing accounts of what it is that makes torture wrong. Two predominant accounts of the moral wrong of torture are identified, described here as the 'dignitarian' and the 'defencelessness' accounts. Although most international instruments and judicial decisions on torture implicitly reflect the dignitarian account, the thesis argues that this account is open to challenge on normative grounds. Instead, it argues that the preferable account of the moral wrong of torture is a modified form of the defencelessness account, according to which torture is the deliberate infliction of severe pain or suffering in the context of a profoundly asymmetric power relation. Finally, the thesis turns to a consideration of the definitions of torture in international law. It contends that there are distinct conceptions of torture operating in the criminal paradigm, and in the human rights paradigm, respectively. While both conceptions of torture at present reflect the dignitarian account, the thesis argues that there is scope in the human rights paradigm for a more expansive 'defencelessness' conception of torture to be adopted.
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Pompongsuk, Prasert. "International aircraft leasing, impact on international air law treaties." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0004/MQ44072.pdf.
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Pompongsuk, Prasert. "International aircraft leasing : impact on international air law treaties." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20544.
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Aircraft leasing is a method of fleet acquisition. It was known to none at the outset of the air traffic era; as a result, international air law treaties were not formulated upon the concept that realized the practices as such. The moment international aircraft leasing materialized, many regimes of international air law became unsuited to the situation.<br>On the one hand, public international air law treaties have faced the problems ranging from safety oversight responsibilities and aircraft accident investigation to airport charges and criminal jurisdiction.<br>On the other hand, private international air law treaties have faced the problems ranging from applicability of the 1952 Rome Convention and preferential rights under the 1948 Geneva Convention to aircraft engine leasing and the idiosyncrasy of leasing transactions.<br>This study is not aimed at scrutinizing leasing transactions but at examining the aforementioned difficulties, especially the issues of public international air law.
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Bello, y. Villarino José-Miguel. "Fighting Corruption Through International Law: Assessing the Effectiveness of Conventional Anticorruption Law and Proposing an International Trade Law Approach." Thesis, The University of Sydney, 2022. https://hdl.handle.net/2123/28462.
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International law is one among many tools to fight corruption. It could be used in many different ways, but—with the exception of some higher standards to be met under development co-operation settings or in order to access integration areas such as the EU—we have largely seen the same response repeated during the last twenty-five years: addressing corruption by promoting the alignment of domestic legislation to certain treaty standards. I call this “conventional anticorruption law” as it is formalised in “conventions”, but also because it lacks creative thinking. Has this worked?
In the first part of the thesis, I present a vision of corruption from an international legal and policy perspective, proposing a new concept for corruption in international law. In the second part, I explore the type of data that can be used to assess the effectiveness of conventional anticorruption law (the World Bank’s Control of Corruption indicator mainly) and test whether there is any aggregate effect derived from the entry into force of anticorruption treaties. Generally, I argue that the picture is more complex than usually expected, but that, in the medium term, the conventions are not being accompanied by less corruption. I discuss several possible shortcomings of conventional anticorruption law compatible with this observation.
Finally, in the third part of the thesis I propose using international trade law to address these possible shortcomings and evaluate the difficulties that this new approach would face. The thesis concludes with a proposal for a model anticorruption chapter for comprehensive trade agreements.
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Lindsay, Bobby William Milroy. "The exclusion of foreign law in international private law." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/30593/.
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It is an axiom of the conflict of laws that one state will not enforce the revenue, penal, or ‘other public’ laws of another. This thesis shall criticise this position, arguing that these exclusionary principles should be replaced with a general principle of enforceability, subject to the control of public policy. It shall begin by sketching the general landscape of the exclusion of foreign law in Anglo-Scots international private law. Thereafter, a detailed account shall be given – for each of the revenue, penal, and ‘other public’ law rules – of the historical development of those exclusions, and their present scope of operation. This exposition provides a foundation for a critical examination of those rules.
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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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Potesta', M. "THE RELATIONSHIP BETWEEN INTERNATIONAL INVESTMENT LAW AND STATES¿ MEASURES AND OBLIGATIONS IN INTERNATIONAL ENVIRONMENTAL LAW." Doctoral thesis, Università degli Studi di Milano, 2011. http://hdl.handle.net/2434/153108.
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The thesis discusses the interrelationship between international investment law and States' measures and obligations in international environmental law. It first analyses the level of integration of non-economic concerns – in particular environmental concerns – in investment treaties, with a view to understanding and classifying the different techniques that have been used to achieve such integration. It then reviews the relationship between investment and environmental concerns from the particular angle of “expropriation”.
It further examines the relevant practice in the field of State contracts, with a view to understanding what their possible impact on the State’s freedom to adopt environmental measures may be. Finally, it discusses the possible role that procedural mechanisms can play for the advocacy of sustainable development issues within investor-State arbitrations.