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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 Bri
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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 la
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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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4

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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5

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
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6

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
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7

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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8

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
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9

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 als
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10

Clados, Mirjam Sophia. "Bioethics in international law." Diss., lmu, 2012. http://nbn-resolving.de/urn:nbn:de:bvb:19-152470.

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11

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 internation
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12

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 Stat
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13

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
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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 e
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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
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16

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 disti
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17

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 prin
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18

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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19

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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20

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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21

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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22

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 pre
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23

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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24

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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25

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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26

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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27

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

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28

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 probl
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29

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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30

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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31

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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32

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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33

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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34

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.
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35

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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36

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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37

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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38

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 al
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39

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 thou
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40

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
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41

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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42

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 t
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43

Portmann, Roland. "Legal personality in international law /." Table on contents, 2009. http://aleph.unisg.ch/hsgscan/hm00231691.pdf.

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44

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'. T
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45

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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46

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 int
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47

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 firs
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48

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
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49

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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50

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 cont
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