Dissertations / Theses on the topic 'Role of the Court'
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1
Poston, Brook Carl Potts Louis W. "George's court the role of the Supreme Court justices as statesmen in the 1790's /." Diss., UMK access, 2007.
Abstract:
Thesis (M.A.)--Dept. of History. University of Missouri--Kansas City, 2007."A thesis in history." Typescript. Advisor: Louis Potts. Vita. Title from "catalog record" of the print edition Description based on contents viewed Jan. 24, 2008. Includes bibliographical references (leaves 98-103). Online version of the print edition.
2
Mangezi, Mutsa. "International law before municipal courts: the role of International Court of Justice decisions in domestic court proceedings with specific reference to United States case examples." Thesis, Rhodes University, 2008. http://hdl.handle.net/10962/d1007325.
Abstract:
In the case of LaGrand (Germany v United States), the International Court of Justice held that the United States (US) had violated its international obligation to Germany under the Vienna Convention on Consular Relations when it executed two German nationals without first informing them of their consular rights. The case came before the court after the United States had disregarded a preliminary ruling passed by the IC], which directed the US not to execute the German nationals pending the outcome of the ICJ case. The decision raised the issue of the effect of ICJ decisions in domestic proceedings and the effectiveness of ICJ enforcement mechanisms. This thesis considers the possibility of a role for national courts as active enforcers of ICJ decisions. It is argued that whilst evidence shows that there is no legal obligation on courts to enforce ICJ decisions, there is certainly room in international law to facilitate this development. In support of this argument, the thesis demonstrates how basic presuppositions about international law have shifted over the last few decades. This shift has been both the impetus and the result of globalisation. The case of LaGrand alongside similar cases is used to show how national courts may play an increased role in the enforcement of ICJ decisions.
3
Mahnik, Ye M. "The role of international criminal court in defense of human rights." Thesis, Ukrainian Academy of Banking of the National Bank of Ukraine, 2006. http://essuir.sumdu.edu.ua/handle/123456789/61358.
4
Georgakakis, Paulsson Odysseas. "The institutional role of the European Court of Auditors : Reasons why the EU needs the European Court of Auditors." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-70813.
5
Delaney, Erin Fielding. "Promoting federation : the role of a constitutional court in federalist states." Thesis, University of Cambridge, 2003. https://www.repository.cam.ac.uk/handle/1810/284024.
Abstract:
Comparative studies of the European Union have been hampered by the fact that many political scientists treat the EU as a ‘sui generis’ entity, with no historical precedent or comparative example. Those who view the EU as something closer to a state than to an international organisation have struggled to find a workable definition encompassing the many, seemingly contradictory, aspects of the European system. This dissertation therefore begins by asserting the need for a new definition of the European Union, one that allows for comparison within a theoretical framework to advance our understanding of the EU and of its states in general. It then proposes a new definition, that of the ‘federalist state’ - a polity with some, but not all, of the hallmarks of a federation. A federalist state is not a federation, and it may not evolve into one; rather, it is a polity with a fundamental divide in its self-understanding. A broad consensus in the population does not exist on either the existence or the meaning of the critical elements of federation: the supremacy of the constitution; the role of the court; the relationship between the individual to the federal government; the right or, lack thereof, to secede; and even the meaning of federalism itself. The first part of this dissertation, Chapters I to III, will analyse these criteria for federation and demonstrate that the ante-bellum United States and the European Union can be classified as federalist states. The second part of the dissertation uses this theoretical framework to provide a foundation for a comparative analysis of the role of the constitutional court in each polity. In Chapters IV and V, the roles of the Supreme Court in the United States and the European Court of Justice in the European Union will be assessed and shown to be similar in effect: the public actions of the judges and their decisions in key constitutional cases demonstrate a consistent support for the elements of federation that are unresolved within the federalist state. Finally, the conclusion assesses some potential explanations for why the courts functioned as promoters of federation. In addition, it assesses the value of this theoretical framework for future comparative studies.
6
Davies, Gregory. "The legitimising role of judicial dialogue between the United Kingdom courts and the European Court of Human Rights." Thesis, Cardiff University, 2017. http://orca.cf.ac.uk/107657/.
Abstract:
Since the enactment of the Human Rights Act 1998, discussions have developed concerning a judicial ‘dialogue’ taking place between the UK courts and the European Court of Human Rights (ECtHR) over the interpretation of the European Convention on Human Rights (ECHR) and its application to UK law. This thesis contributes to these debates by offering a judicially-informed account of the dialogue between these courts based on in-depth interviews conducted with eight Justices of the UK Supreme Court and four judges of the European Court of Human Rights. It combines these insights with analysis of case law, extra-judicial commentary and contributions from political and legal theory to explore the role of judicial dialogue in legitimising the judgments of these courts. In this way, the thesis offers a unique methodological approach to a highly topical area of constitutional discourse in the UK. The thesis argues that dialogue has arisen in response to legitimacy challenges facing these courts based on concerns over the extent of the ECtHR’s influence in the UK. Both at the level of judgments and through informal meetings, dialogue responds to these challenges through the participation of the national courts in the jurisprudential development of ECHR rights, the accountability of the ECtHR to domestic judicial concerns, and the ongoing revision and refinement of the Convention rights at the supranational level to accommodate for legal and constitutional diversity. To this extent, dialogue is part of a wider effort to legitimise the Convention system and the courts charged with upholding it by strengthening the role and identity of the domestic courts in human rights adjudication, as reflected in the reemphasis on subsidiarity and the common law ‘resurgence’. However, the thesis also observes that a significant part of the dialogue resides in an increased willingness by the UK courts to refuse to apply parts of the ECtHR’s case law, and a tendency by the ECtHR to accommodate that refusal. On this basis, it argues that the process also carries the risk of delegitimising the ECHR system by promoting a disposition to disobey on the part of national authorities across the Council of Europe.
7
Joyeux-Jastrebski, Bernadette. "The role of public opinion in rights adjudication : the examples of the United States supreme court and the European Court of Human Rights." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D025/document.
Abstract:
Cette thèse s'inscrit dans un mouvement de reconnaissance de l'importance accrue de l'institution judiciaire, et de questionnement actuel sur la légitimité démocratique du juge. Dans ce cadre, elle enquête sur le rôle, dans la fonction et la pratique judiciaire, de l'opinion publique, largement considérée comme un élément de légitimité démocratique. Pour obtenir un éclairage plus complet sur cette question, une approche comparative est adoptée et appliquée à l'œuvre protectrice d'une cour nationale constitutionnelle et d'une cour internationale dans le domaine des droits et des libertés : la Cour suprême des États-Unis et la Cour européenne des droits de l'Homme. Le raisonnement suivi est le suivant. Au niveau théorique, il s'agit de clarifier le concept protéiforme d'«opinion publique» et d'établir les différentes sources de la légitimité judiciaire, afin de déterminer si l'opinion publique peut en faire partie. Au niveau procédural, l'étude se penche sur la pratique judiciaire des deux cours, les différentes règles et pratiques qui permettent d'impliquer directement ou indirectement le public dans le processus judiciaire, que ce soit les parties, les tierces-parties, ou les médias. On se penche enfin sur la substance des décisions de justice, qui révèlent la manière dont les juges conçoivent le rôle de l'opinion publique dans la démocratie et dans l'évolution judiciaire des droits et libertés. L'étude de la substance des décisions se concentre d'une part sur la relation entre opinion publique et démocratie dans la protection de la liberté d'expression, et d'autre part sur le rôle de l'opinion publique dans l'évolution des droits des personnes homosexuellesThis dissertation is part of a larger movement, both national and international, acknowledging the growing importance and inquiring about the democratic legitimacy of judicial institutions. In looking at the judicial office and its practice, it investigates the role of public opinion, largely considered an element of democratic legitimacy. To obtain a more complete perspective on judicial institutions and public opinion, a comparative approach is adopted and the United States Supreme Court, and the European Court of Human Rights are examined. This study adopts the following reasoning. At a theoretical level, it attempts to clarify The multifaceted concept of “public opinion” and to establish the different sources of judicial legitimacy, in order to determine whether public opinion can be considered such a source. At a process level, the study inquiries about the judicial practice of both courts, and the different rules and practices that allow for a direct or indirect involvement of the public, whether parties, third-parties, or the media. It then studies the substance of judicial decisions, which reveal judges' conception of the role of public opinion in democracy and in the judicial evolution of rights and liberties. The content-study of judicial decisions focuses on first on the relationship between public opinion and democracy in the protection of freedom of expression and second on the rote of public opinion in the evolution of the rights of homosexual persons
8
WIRTH, SYLVIA. "Memoire olfactive a court-terme : modulation pharmacologique et role du cortex entorhinal." Université Louis Pasteur (Strasbourg) (1971-2008), 2000. http://www.theses.fr/2000STR13039.
Abstract:
Mon travail de these visait a etudier les processus neurobiologiques intervenant dans le controle du declin delai-dependant d'une trace mnesique. A cette fin, nous avons utilise une situation de reconnaissance olfactive spontanee chez le rat. Des effets promnesiants ont ete obtenus par l'administration systemique de fg 7142, une -carboline agoniste inverse partiel du recepteur aux benzodiazepines, ainsi que par l'administration chronique ou aigue d'egb 761, un extrait standardise de ginkgo biloba, ce chez des rats jeunes ou ages. A l'inverse, des effets amnesiants ont ete obtenus par l'administration intra-hippocampique de scopolamine, un antagoniste muscarinique de l'acetylcholine. Des experiences de lesions cerebrales ont permis de montrer que le cortex entorhinal excerce un controle de type inhibiteur, puisque sa lesion induit un effet promnesiant. Cet effet promnesiant semble etre specifique de la modalite olfactive, car d'autres taches n'ont pas ete facilitees par cette lesion. La lesion de structures voisines telles que le cortex perirhinal ou l'hippocampe n'ont en aucun cas, produit d'effets similaires a ceux de la lesion entorhinale : en effet, la lesion perirhinale s'est revelee depourvue d'effet dans l'ensemble des taches pratiquees ; la lesion de l'hippocampe n'a induit qu'une alteration minime de la reconnaissance olfactive et un deficit majeur dans la piscine de morris. La facilitation induite par la lesion entorhinale pourrait neanmoins faire intervenir des processus cholinergiques hippocampiques, puisque la microinjection de scopolamine dans cette structure a bloque cette facilitation. Dans leur ensemble, ces travaux suggerent que la lesion du cortex entorhinal se traduit par une profonde modification du mode de fonctionnement cerebral, sous-tendue par diverses alterations structurelles ou fonctionnelles au sein d'un reseau de structures qui restent a identifier.
9
Aman, Kalley Rae. "The Minimal Role of Legal Traditions at the International Court of Justice." PDXScholar, 1997. https://pdxscholar.library.pdx.edu/open_access_etds/5216.
Abstract:
International legal scholars and lawyers have dedicated much thought and energy to enhancing their understanding of how judges at the International Court of Justice (ICJ) come to decide cases the way they do. Although these studies of judicial behavior at the ICJ have provided insight into international judicial decision-making, still little is known about how international judges reach decisions. This project was an attempt to improve upon the explanations, given thus far, for the decisions made by ICJ judges in the cases brought before the Court. In this study I tried to ascertain whether and to what extent the legal tradition under which an ICJ justice has been educated and trained to practice law determines how she or he finds and applies the law in an international dispute. I also sought to answer the following question: Do the civil law and common law traditions differ in enough ways or to such a great extent as to render them distinct from one another? I began by examining the world's three principal legal traditions, civil law, common law, and socialist law, according to three criteria common to macrocomparative surveys on legal tradition: history, the conception of law, and the institutional elements of a legal system. The decisions of three ICJ cases were analyzed with a view to determining whether the justices voted along lines of legal tradition and/or discovered and applied the law in a manner typical of the legal tradition under which they were educated. From the analysis I concluded that legal tradition was not a significant variable in the judicial decision-making at the ICJ. The examination of the cases also indicated that the common law and civil law traditions appear to converging in so far as they have adopted the methods of the other tradition yet still diverging as they continue to reveal traditional differences.
10
Dolgin, Anthony Shane. "The expanding role of the United States Senate in Supreme Court confirmation proceedings." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ37201.pdf.
11
Moorhead, Timothy. "Values and legal order : the institutional role of the European Court of Justice." Thesis, University of Reading, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.553152.
Abstract:
Positivist and non-positivist theoretical accounts of the concept or practice of law have debated the role played by values as (possible) features of legal ordering or (possible) conditions of legality. These debates concern whether law is properly understood as a descriptively accessible social fact, or is linked to a discursively accessible realm of 'abstract' normativity. Such debates arguably fail to fully account for the sense in which values operate within the legal order of the European Union, an order which is based upon the realisation of a complex objective, that of European integration. This legal order illustrates that, providing the moral concerns associated with 'rule of law' legal orders are maintained, additional values relating to the achievement of a co-operative political, social or economic enterprise can operate as fundamental or higher legal standards. Union institutional practices, notably those of the Court of Justice, support a widening of the role of values within the theory and practice of law. A comparative method of inquiry, acknowledging diverse theoretical insights regarding law, combined with analysis of case judgments of the Court of Justice provides argumentative and evidential support for this proposition. The Treaty objectives direct the practices of Union and domestic courts (when seized with issues of Union law) in their legality review, 'rights-affirming' and interpretive functions within an institutional account of law and legal practice. The Court's practices highlight institutionally viable expressions of politically sensitive (to Member States) Union values. At the same time these practices illustrate the potential for specific objectives, including those associated with public international Treaties, to form a basic function or value of legal ordering. This proposition is compatible with received theoretical analyses of law while affirming their qualified development.
12
Fairclough, Samantha. "The role of equality in the provision of special measures to vulnerable and/or intimidated court users giving evidence in Crown Court trials." Thesis, University of Birmingham, 2017. http://etheses.bham.ac.uk//id/eprint/7668/.
Abstract:
Vulnerable and/or intimidated court users are able to give evidence with the assistance of special measures. This thesis examines the role of equality in the provision of such measures to those giving evidence in Crown Court trials. I adopt Keith Hawkins’ conceptual framework of surround, field and frames to analyse the multitude of factors relevant to understanding its role. The standard of equality I invoke is that which underpinned the initial development of special measures for non-defendant witnesses. This is used to assess whether the law remains committed to equal treatment despite the unequal provision of special measures between vulnerable and/or intimidated defendant and non-defendant witnesses. Furthermore, using findings from interviews undertaken with 18 criminal practitioners, I consider the role that the principle of equality appears to play in the use of special measures. I conclude that the principle of equality is not consistently upheld in the provision of special measures in law and practice. Barriers to its more prominent role include the way, and the socio-political context in which, special measures law developed; the legal field in which they are invoked; and the way that criminal practitioners appear to frame decisions about their use.
13
Scotford, Eloise A. K. "The role of environmental principles in the decisions of the European Union courts and New South Wales Land and Environment Court." Thesis, University of Oxford, 2010. http://ora.ox.ac.uk/objects/uuid:23d02748-1197-4f33-a6c6-b98fdbf7c5d1.
Abstract:
The thesis is a comparative legal analysis of environmental principles in environmental law. Environmental principles are novel concepts in environmental law and they have a high profile in environmental law scholarship. This high profile is promoted by two factors – the high hopes that environmental law scholars have for environmental principles, and the increasing prevalence of environmental principles in legal systems, particularly in case law. This thesis analyses the latter, mapping doctrinal developments involving environmental principles in two jurisdictions and court systems – the courts of the European Union and the New South Wales Land and Environment Court. This doctrinal mapping has both narrow and broad aims. Narrowly, it identifies the legal roles in fact taken on by environmental principles within legal systems. Broadly, and building on this assessment, it responds to scholarly hopes that environmental principles (can) perform a range of significant roles in environmental law, including solving both environmental problems and legal problems in environmental law scholarship. These hopes are based on assumptions about environmental principles that have methodological weaknesses, including that environmental principles are universal and that they fit pre-existing models of ‘legal principles’ drawn from other areas of legal scholarship. The thesis exposes these methodological problems and concludes that environmental principles are not panaceas for pressing and perceived problems in environmental law. It does this by showing that the legal roles of environmental principles, which are significant in environmental law and its current evolution, can only be understood by closely analysing the legal cultures in which they feature. This is a conclusion for environmental law scholarship generally – while environmental issues and problems may be urgent and often global, legal analysis of the law that applies to those problems requires close engagement with legal systems and cultures, as they are and as they develop.
14
Rahman, Shekh Mohammad Altafur Vitit Muntarbhorn. "The supreme court of Bangladesh : an analysis of its role in protecting human rights /." Abstract, 2004. http://mulinet3.li.mahidol.ac.th/thesis/2547/cd368/4637835.pdf.
15
Wafula, Tumani Regina. "Implementation of the Rome statute in Kenya : legal and institutional challenges in relation to the change from dualism to monism." University of the Western Cape, 2012. http://hdl.handle.net/11394/4632.
Abstract:
Magister Legum - LLMThe new Kenyan constitution has introduced an immediate monist approach of implementing international legal standards. Accordingly, the transformation from dual to monism will necessitate a discussion of theories of incorporation of international instruments into national laws. This will set the basis of what method Kenya should follow. This paper attempts to address potential procedural problems with implementing the Rome Statute in a new monist Kenya and will argue that as a precautionary measure during the country’s transition any deviation, by the court, from national law will require articulation and justification under an international framework. It will include a review of the Kenyan International Crimes Act 2003 (ICA) and its adoption into the domestic law of Kenya. It will also include examination of previous situations where domestic courts have applied international law standards in domestic trials before and after the monist Constitution of 2010. This paper aims at assessing the key challenges to the effective implementation of the Rome Statute in Kenya both objectively and substantively. It examines the challenges facing the Kenyan courts in relation to the exercise of universal jurisdiction and the criminalization of international crimes. It will seek to point out the weaknesses and conflict between the Kenyan constitution, The International Crimes Act and the Rome Statute. The ICA was silent on some aspects of the Rome Statute and the paper will attempt to discuss these issues and what they portend in the implementation of the Rome statute in monism. It will also discuss the effect of the new constitution on the practical operation of the Rome Statue. The operational capacity of institutions mandated with practical implementation of the Rome Statute will be examined. It will further seek to ascertain whether the laws and policies reflect Kenya’s commitment to international criminal justice. By way of conclusion, the paper will create a possible inventory of issues, which might arise in Kenya’s prosecution of International crimes under the Rome Statute, and suggestions on how such issues could best be addressed.
16
Tumwine, William. "The role of public opinion in court decisions on the legality of the death penalty : a look at Uganda and South Africa." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1242.
Abstract:
"Public opinion finds its way into the justice system and finally to the decision making platform of the courts through various channels. These include public opinion polls, legislative debates, writings of jurists, social pressures, political situations and referendum on legal issues. Regarding the death penalty, the role of public opinion becomes more debatable because as Kakooza explains, there is a difficulty of addressing death penalty issues as values, national aspirations and conditions of social intercourse vary from society to society. The death penalty touches life, which is the most important of all human rights. It, therefore, remains debatable as to whether it is the courts or the people that may decide the legality of criminal sanctions like the death penalty. Protection of judicial independence conflicts with the need for legitimacy, given that courts are occupied by un-elected judges. While sticking to legalistic and official positions, courts must keep in touch with the public since they need the latter's approval for decisions to be respected and implemented. It is also not clear whether, and if so, to what extent, courts may rely upon public opinion in making decisions, thus the importance of assessing the role it sould play and coming out with a way forward. ... Chapter one comprises the background of the study, statement of the problem, significance of the study, aims and objectives of the study, literature review, methodology and limitations of the study. Chapter two is a discussion of the role public opinion ought to play in court decisions in general, and decisions on the legality of the death penatly in particular. Chapter three is an analysis of the actual influence of public opinion on court decisions on the legality of the death penalty. It also has a comparison of court practice in Uganda and South Africa and includes a critique. Chapter four is a presentation of arguments for and against the role of pulic opinion in court decisions. Chapter five contains conclusions from the research findings and recommendations on how public opinion should be treated in court decisions generally, and the legality of the death penalty in particular." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
Prepared under the supervision of Dr. Raymond A. Atuguba at the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
17
Alabi, Mojeed Olujinmi Abefe. "Analysis of the role of the ECOWAS court in regional integration in West Africa." Thesis, University of Leicester, 2013. http://hdl.handle.net/2381/28095.
Abstract:
As a case study, the ECOWAS typifies an absence of effective judicial frameworks to strengthen, or, at least, complement, the integration of markets in the schemes of regional integration in Africa. Two decades since its creation, the Community Court of Justice of the ECOWAS has escaped scholarly analysis, creating a gap in the state of knowledge on regional integration in Africa. Accordingly, this thesis directs attention to the need to study the ECOWAS Court as a distinct actor within the contemporary international legal/political system, particularly in its role in the integration of the West African sub-region. This research work takes a critical look at the role that judicial institutions can play in the furtherance of regional integration in Africa. Adapting social science methodology for analysis of a judicial institution, the thesis undertakes the first comprehensive examination of the law, machinery, practice and procedure of the Court. The court-centred analysis allows for an appraisal of how the Court is shaping the dynamics of integration activities in West Africa. It examines the contribution (both actual and potential) of the Court to moulding the legal and constitutional framework within which the ECOWAS operates. It situates the Court within the organisational context of an emerging regional community and examines how the Court impacts and is impacted upon by the institutions of the ECOWAS. It emphasises the centrality of the Court to the maintenance of the delicate equilibrium necessary for the harmonisation of the competing interests of the Member States and Institutions of the ECOWAS.
18
Kothari, Tanvi H. "THE BALL IS IN THEIR COURT: CHANGING ROLE OF MULTINATIONAL COMPANIES FROM EMERGING NATIONS." Diss., Temple University Libraries, 2009. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/43163.
Abstract:
Business AdministrationPh.D.
One of the emerging phenomena of global competition is the increasing participation of firms from emerging economies in various industries and across value chain activities. These MNCs from developing and emerging economies have recently shown an unprecedented increase in numbers (from only 19 firms in 1990 featured in the Fortune 500 list to 47 in 2005) (UNCTAD, 2006). While these Emerging Nation Multinational Companies (EMCs) are gaining a strong foothold in the global economy, some evidence also suggests that their foreign direct investments are being targeted towards advanced economies in both resource industries and higher-value adding activities. On the face of it, the disadvantages of being a late entrant seem overwhelming and based on the stages model of internationalization the EMCs may not be able to compete against global giants whose dominance is rooted in their first-mover status (Bartlett & Goshal, 2000). However, the success of EMCs like the Tata Motors, Lenovo, and the like raise an important research issue as to what are the strategies these EMCs pursue as they begin to compete in the global competitive landscape? In the past, scholars have conducted substantial research on internationalization, Multinational Companies (MNCs), and Foreign Direct Investment (FDI) which explain the behavior of first-mover MNCs from developed countries based on technological superiority. Those theories were developed within a specific environmental context and do an adequate job to explain a fairly specific set of observed firm behaviors. Each, within its context, may be fairly adequate at explaining those behaviors. However, the emergence of EMCs in the global economic environment highlights that times have changed and the incumbent MNCs (studied earlier) constantly face threats from these emerging giants. As the context changes, so has the ability of the prior internationalization theories to explain behaviors observed in this global economy diminished considerably. Lately, a few researchers have started a new line of research to uncover some distinct characteristics of these EMCs. However, very little is known about the foreign expansion strategies of these EMCs and warrants a need to explore this phenomenon in-depth. In order to bridge this gap in the literature this dissertation uses an inductive approach by conducting multiple case-studies to understand the foreign expansion strategies of sixteen companies that originate from two key emerging nations: India and China. This exploratory approach supported by computerized content analysis of longitudinal text data allows us to observe the significance of specific constructs, begin to detect patterns and regularities in the behavior of EMCs and compare EMCs originating from various emerging nations. Methodologically, the dissertation illustrates the usefulness of semantic network analysis tools, especially centering resonance analysis, in identifying and interpreting the concepts that provide coherence to set of textual data. Further, using factor analysis we identify some key themes that explain the foreign expansion strategies of these EMCs. The results of this study suggest that EMCs' expansion is, on one hand, based on their ability to acquire resources and absorb them to build their own advantage (supply side dynamics). On the other hand, it is also based on EMCs' ability to find some market niches, i.e., entering into markets untapped by traditional MNCs (demand side dynamics). Finally, based on our analysis of these in-depth case-studies we identify some propositions as anchors for further theory building. Specifically, we identify three major anchors, namely, EMCs' ability to `Lick the Dirt'; `Cash Rich Positions of EMCs' and `Strategic Partnerships with Developed Country Firms' that enhance their `Competitive Advantage in Developed Nations'.
Temple University--Theses
19
Larnefeldt, Anna. "The United States and the International Criminal Court : An Identity Approach." Thesis, Linköping University, Department of Management and Economics, 2004. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2505.
Abstract:
The aim of this thesis is to understand the reasons behind the decision of the United States to stand in opposition to the International Criminal Court. This policy seems to contradict the United States'leading role in international justice and commitment to universal human rights. The opposition to the ICC presents an apparent contradiction between principles and interests, and provokes the question of what role power, identity and principles play in the formation of national interest.
The author reviews the concept of national interest in International Relations theory. It is found that only a constructivist identity approach takes account of both power and identity in the formation of national interest. The constructivist identity approach presents the concept of national interest as endogenous to social interaction and linked to identity. National interest is thus not seen as an objective analytical concept from which one can derive and explain rational behavior by rational actors, but as the very phenomenon that we are trying to understand. This theoretical framework is firmly located in an understanding tradition.
In the search for an understanding of why the United States’ decision-makers considered opposition to the ICC to be in the national interest of the United States, role theory serves as a method. The empirical part of this thesis consists of analysis of speeches and statements, and of role conceptions found therein.
The results of this approach show that the apparent contradiction between principles and interests does not exist. The reason why the behavior examined appears to be contradictory is that the spectator lets his or her own expectations of behavior appropriate for a certain belief or a certain role conception stand as a guide. The only way we can understand the reasons behind a given behavior is by looking at the actors’ view of the problem and what beliefs and role conceptions come into play for the actors when they face a foreign policy issue.
The analysis makes it clear that the United States views its behavior as contradictory neither to its principles, nor to its perceived roles. Instead, it is the roles of the United States, the sources of which include both principles and capabilities, that are the reasons behind the policy.
20
Groom, Angelica. "The role of rare and exotic animals in the self-fashioning of the early modern court : the Medici court in Florence as a case study." Thesis, University of Sussex, 2012. http://sro.sussex.ac.uk/id/eprint/42399/.
Abstract:
The principal aim of this study is to investigate the role rare and exotic animals played in the cultural self-fashioning and political imaging of the Medici's Ducal and Grand-ducal Court in Florence (1531-1737). The exclusive focus on this topic will contribute to Medicean scholarship in an area of research that has hitherto received only scant and fragmentary attention. This study will provide the first comprehensive and systematic analysis of the numerous ways in which both real and depicted animals were manipulated to serve the interests of the Medici regime. The thesis is formed of five chapters. Chapter one examines the zoological spaces established by the Medici; chapter two focuses on the procurement of animals and their use in diplomatic gift exchange. The remainder of the thesis takes the form of three case studies. These will examine a wide range of Medici-commissioned works of art, from different points in the family's history, in which unusual fauna feature as a central element of the iconography. The works discussed will make clear how individual members of the regime deployed animal imagery to express their political aspirations and courtly magnificence. Case study one traces how early members of the Medici family used images of rare beasts to assert their dynastic and political legitimacy, primarily to a home audience. Case study two examines the role of zoological illustrations in the Medici's wider ambition to establish an international reputation as patrons of the natural sciences and to promote the court as a centre of artistic production. The final case considers a series of zoological paintings commissioned by the last two Medici rulers, to argue that the pictures reflected not only the shifting values elite society attached to unusual fauna, but that they also mirrored the decline of the regime itself.
21
Gleason, Shane A. "States on the Federal Stage: The Amicus Curiae Role of State Attorneys General." OpenSIUC, 2014. https://opensiuc.lib.siu.edu/dissertations/818.
Abstract:
The past several decades have witnessed a remarkable increase in the number of amicus curiae briefs filed at the U.S. Supreme Court. While scholars debate the effectiveness of amicus curiae briefs, they generally agree on the effectiveness of briefs filed by executive attorneys. A plethora of studies address the amicus curiae brief activity of the solicitor general, but relatively few examine state attorneys general. State attorneys general are the legal representatives of the states and have become increasingly successful as amici since the early 1980s. I explore state attorney general amicus curiae brief activity and argue that existing theories of amicus curiae participation by the solicitor general and interest groups, are inadequate for state attorneys general because of the unique institutional context in which state attorneys general operate. State attorneys general, I argue, must balance political, legal, and administrative factors when filing amicus curiae briefs. I also recognizes that amicus curiae briefs are not a singular event and are instead a process in which actors make several decisions across a variety of contexts. Within each context each factor takes on a different weight. I conclude state attorneys general are strategic political actors who consider political, legal, and administrative factors in their amicus curiae briefs.
22
Martinovski, Bilyana. "The role of repetitions and reformulations in court proceedings : a comparison of Sweden and Bulgaria /." Göteborg : Department of Linguistics, 2001. http://www.gbv.de/dms/spk/sbb/recht/toc/333244761.pdf.
23
Anderson, Natalie Margaret. "The tournament and its role in the court culture of Emperor Maximilian I (1459-1519)." Thesis, University of Leeds, 2017. http://etheses.whiterose.ac.uk/18205/.
Abstract:
This thesis is an extensive and interdisciplinary study of the tournaments of Holy Roman Emperor Maximilian I (1459-1519). It draws upon material, literary, narrative, and visual sources to create a holistic view of what the late medieval German tournament looked like in the court of Maximilian. Its scope includes the types of tournaments held, historical context and influences, the network of participants, the environment, the practicalities, and the symbolism. It also invesitagates Maximilian’s influence on the tournament at this time, and its role in shaping his legacy. At its heart, by examining various narrative sources, this thesis presents a chronological study of the primary tournaments in which Maximilian was involved during his lifetime. Using this study, the thesis explores the various styles of joust practiced at the tournament under Maximilian, and the arms and armour, as well as decorative elements, employed in each. Finally, it explores the role of the tournament specifically as it pertained to Maximilian’s courtly culture. This thesis makes use of an unprecedented range of sources in presenting its findings. By drawing upon extant Maximilian-related tournament arms and armour, as well as visual depictions of his tournaments, alongside both fictional and real-life accounts of these events, new information may be gathered which brings to light previously unexplored findings and draws connections which have not before been made. This research demonstrates the central role which tournaments played during Maximilian’s reign. It attempts to categorise and catalogue the numerous styles of joust which the emperor promoted by analysing their distinct features. Further, it reveals his influence upon them and, in turn, theirs upon him, through the crafting of his memory in the form of public spectacle and various literary and artistic works.
24
Sogno, Cristiana. "Q. Aurelius Symachus a political career between Senate and court /." [S.l. : s.n.], 2002. http://catalog.hathitrust.org/api/volumes/oclc/81283934.html.
25
Arya, Mahadeb. "Public interest litigation and the role of the Indian supreme court as an instrument of social justice." Thesis, University of North Bengal, 2021. http://ir.nbu.ac.in/handle/123456789/4240.
26
Guner, Selin Ece. "The Role Of The European Court Of Justice In The Integration Process Of The European Union." Master's thesis, METU, 2005. http://etd.lib.metu.edu.tr/upload/12606272/index.pdf.
Abstract:
This thesis analyses the role of the European Court of Justice in the process of European integration. The role of the Court of Justice as an important supranational institution is discussed by taking into account various decisions of the Court that established the fundamental principles of the European Union Law. The thesis also analyses the contribution of the Court from the perspective of its interactions with the other actors within the EU. In this framework, the thesis will seek to answer such questions as: What are the contributions of the European Court in the development of the EU legal system? How did the Court play such an important role in the process of European integration? Finally, how did the interactions of the European Court with the other actors affect the process of European integration?
27
Baak, Brian. "Supreme Court decision-making an analysis of the court's criminal docket and the role of ideology /." CONNECT TO ELECTRONIC THESIS, 2007. http://dspace.wrlc.org/handle/1961/4177.
28
Parr, A. N. "The legal reasoning of the European Court of Justice : the role of principle policy and ideology." Thesis, University of Exeter, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.376404.
29
IGLARZ, MARC. "Role de l'endotheline-1 dans la regulation de la fonction vasculaire a court et long terme." Paris 7, 2001. http://www.theses.fr/2001PA077034.
Abstract:
En reponse a des variations metaboliques et/ou hemodynamiques telles que le flux et la pression, les arteres peuvent reagir a court terme en modifiant leur diametre via la production endotheliale d'agents vasoactifs, soit, a plus long terme, en modifiant leur structure (remodelage) ou en produisant de nouveaux vaisseaux (angiogenese). Ce travail a consiste a etudier le role d'une hormone vasoactive, l'endotheline-1 (et-1), sur la physiopathologie des arteres de resistances, connues pour leur role cle dans le maintien de la pression arterielle. La premiere partie de ce travail a ete d'etudier l'impact d'un blocage ou d'une activation chronique des recepteurs de l'et-1 sur la fonction endotheliale d'arteres de resistance d'animaux normo-et hypertendus. Les resultats obtenus montrent que le systeme endotheline modifie la fonction endotheliale de ces animaux via la modulation de la production d'oxyde nitrique et de prostaglandines vasoconstrictrices/vasodilatatrices par les recepteurs et-a/et-b. Nous avons egalement montre que le polymorphisme lys198asn du gene de la prepro-endotheline, associe dans une precedente etude a une hypertension arterielle, etait egalement associe a une modification de la reactivite vasculaire in vitro et que les patients possedant la mutation presentaient une augmentation de la potentialisation par l'et-1 de la reponse a la phenylephrine ainsi qu'une augmentation de la sensibilite de l'appareil contractile au calcium. Dans la derniere partie, le but de notre demarche a ete d'etudier le role angiogenique de l'et-1 in vivo dans un modele d'angiogenese induite par ischemie dans la patte de rat, et d'essayer de proposer un mecanisme cellulaire a ce phenomene. Nos resultats montrent que l'et-1 semble etre un regulateur negatif de l'angiogenese, contrairement a ce que laissaient prevoir les etudes menees in vitro et que le blocage chronique des recepteurs a l'et-1 augmente l'angiogenese via l'activation du vegf et de l'oxyde nitrique.
30
Little, Gavin Forbes MacLeod. "Legal control of administrative action in Scotland : an evaluation of the role of the Sheriff Court." Thesis, University of Edinburgh, 1993. http://hdl.handle.net/1842/19934.
Abstract:
Aims. To evaluate the statutory jurisdiction of the Sheriff Court in Scottish local administration. This involves consideration of significant powers held in a wide range of areas: for example, compulsory hospitalisation of the mentally ill, appeals over parental choice of school, assumption of parental rights by local authorities, and licensing appeals. Objectives. 1. To establish theoretical general principles based on the constitutional ideal of the rule of law, which encourage definition of the judicial role, and the advantages and disadvantages of court-based adjudication as a decision-taking process in the administrative law arena. These can be used as standards in the evaluation of the sheriff's multifarious statutory duties in local administration. 2. To set out the historical development of the sheriff's jurisdiction in local administration, in order to illustrate: (i) the socio-legal factors which have influenced the evolution of the sheriff's role; (ii) the confusions which have arisen in case law; and (iii) the amorphous nature of the jurisdiction. 3. To resolve the confusion surrounding the sheriff's jurisdiction in local administration by: (i) giving close attention to current case law; (ii) categorising the sheriff's current powers on the basis of the theory and general principles of the rule of law, and the historical material; and (iii) providing empirical material which gives an idea of how often individual powers are exercised in practice. 4. To evaluate the sheriff's current powers according to the standards set out under the theory and general principles of the rule of law by: (i) library based research into the different categories of power; and (ii) detailed empirical research into how representative powers operate in practice. The advantages and disadvantages of shrieval adjudication are also considered in more general terms. Conclusions. Some categories of the sheriff's powers are identified as being either anomalous in terms of the theory and general principles of the rule of law, or obsolete: these are contrasted with categories which are neither. There is little justification for the continuation of the former, although the latter could be developed further. It is stressed that case law is confused and anachronistic; and that there are a number of serious deficiencies in sheriff court practice.
31
Nason, S. "Judicial review in England and Wales : a constructive interpretation of the role of the Administrative Court." Thesis, University College London (University of London), 2015. http://discovery.ucl.ac.uk/1465970/.
Abstract:
In this thesis I construct an interpretation of judicial review in England and Wales from the ground up based on an analysis of social practice in the Administrative Court. I argue that whilst judicial review provides a forum for debates about constitutional values and rights, and the inter-institutional balance of power between different branches of state, it is still primarily concerned with doing justice for individuals in relatively non-complex cases. Both in highly contested and technical claims with broader implications, and in cases turning largely on their own facts, justice is done by way of ordinary common law reasoning and specifically by assessing whether the initial decision-maker has taken relevant considerations (including moral considerations) into account, and excluded irrelevant considerations. My first central argument is that some existing interpretations of judicial review display a lack of appreciation of the social facts of litigation and legal practice, whilst others are based on significant misconceptions about these facts. My second central argument is against the scholarly tendency to overemphasise the production and refinement of conceptual doctrinal tests at the expense of addressing the contested nature of the moral values at stake in the practice of judicial review as a whole and in individual cases. My third central argument is for my own interpretation which both fits with and morally justifies social practice. On this interpretation judicial review is about individual justice, as opposed to jurisdiction (ultra vires) or justification. I conclude that my unorthodox categorisation of the grounds of review, constructivist approach to judicial reasoning (based in part on institutional creativity), and deeper examination of relevant social facts, could form the prologue to a post culture of justification account of judicial review.
32
Gashi, Ermal. "International Criminal Court : A mechanism of enforcing Internaional Law." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-44472.
33
Lynch, David. "The role of the circuit courts in the development of federal justice and the shaping of United States law in the early Republic : Supreme Court Justices Washington, Livingston, Story, and Thompson on circuit and on the court." Thesis, Liverpool John Moores University, 2015. http://researchonline.ljmu.ac.uk/4347/.
Abstract:
While scholars have focused on the importance of the landmark decisions of the United States Supreme Court and its Chief Justice, John Marshall, in the rising influence of the federal justice system in the early Republic, the crucial role of the circuit courts in establishing uniformity of federal law and procedure across the nation has largely been ignored. This thesis seeks to remedy this lack of research on circuit courts by revealing the central role of their presiding Supreme Court justices in the successful development of a national court system drawn up from the ‘inferior’ courts rather than down from the Supreme Court to the lower jurisdictions. This thesis argues that, at a time when the Supreme Court had few cases to consider, all of the nation’s law was formulated by the lower courts; with very few decisions appealed, the circuit court opinions were invariably accepted as final, settling the law for each circuit and for the nation if followed by other justices. Therefore, in the early years, it was the circuit experience and not Supreme Court authority which shaped the course of United States law. This thesis contributes to an understanding of this early justice system because of its focus on and the depth of its research into the work of the circuit courts. Through detailed analysis, it reveals the sources used by the justices to influence the direction of the law and, by its reading of almost 2000 cases tried by four prominent Marshall associate justices, presents insights into momentous issues facing the Union. The thesis examines the generality of the circuit work of each justice but pays particular attention to the different ways in which each contributed to the shaping of United States law. Understanding the importance of the role of the circuit courts leads to a more informed reading of early American legal history.
34
McGonigle, Brianne Nora. "The journey of international human rights law: a path leading to an international criminal court and the United States' role in its progression." Thesis, Boston University, 2002. https://hdl.handle.net/2144/27718.
Abstract:
Boston University. University Professors Program Senior theses.PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you.
2031-01-02
35
Barry, James Dominic Edward. "A barrister's role in the plea decision : an analysis of drivers affecting advice in the Crown Court." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/394.
Abstract:
This thesis explores the reasons behind barristers' advice to defendants in the Crown Court on plea, primarily through interviews with criminal law practitioners themselves. Beginning with a critical overview of the current research, the thesis argues that the views of criminal barristers are a neglected significant source of information in developing an understanding of why particular advice is given. The thesis, in the context of other research, analyses the data from interviews conducted with current practitioners on the London and the Midlands Circuits, and discusses the various drivers that act upon barristers in deciding what advice to give. Starting with the actual advice given and the advising styles adopted, the thesis explores why guilty pleas might be advised and plea bargains sought with prosecutors. The research goes on to examine the impact of various influences, including legal, ethical, cultural, regional and financial to produce an overview of what factors impact upon a barrister's advice. The thesis argues that the current view of the Bar sustained in much of the literature is insufficiently nuanced and outdated, and that the reasons behind the advice given to defendants on plea are extraordinarily varied, occasionally contradictory, and highly complex. The thesis concludes that the data from the interviews warrants a rethink of why particular advice is given and that discovering what drives barristers’ advice is critical to formulating law and government policy.
36
Mohamed, Mohamed Sameh Ahmed. "The role of the International Court of Justice as the principal judicial organ of the United Nations." Thesis, London School of Economics and Political Science (University of London), 1997. http://etheses.lse.ac.uk/2566/.
Abstract:
The study attempts to provide a comprehensive analysis of the role of the International Court of Justice (ICJ) as the principal judicial organ of the United Nations (UN). It considers the contributions of the ICJ towards the UN system and concludes that, although the ICJ's contribution has been significant, many practical and theoretical issues regarding its role remain unsettled. The study proceeds as follows. The first chapter sets out the history of international adjudication and the relationship between international adjudicatory mechanisms and political international organisations. It also includes a review of the legal basis and extent of the relationship between the ICJ and the UN. The second and third chapters aim to throw light upon the advisory role of the ICJ and the manner in which the Court, through this jurisdiction, plays a role in interpreting and developing the institutional law of the UN. The fourth chapter addresses the Court's role in facilitating the realisation of the purposes and principles of the UN through its contentious jurisdiction. This chapter discusses the basis of the contentious jurisdiction of the Court, then examines the practice of the Court in achieving these purposes and principles. The fifth chapter examines the role of the ICJ as a "constitutional court" in the UN framework and its competence to review the legality of acts of the UN organs. The sixth chapter evaluates the Court's role as a court of appeal in respect of the judgments of administrative tribunals established within the framework of the UN and its specialised agencies, particularly in the light of General Assembly Resolution 50/54 (1995). By way of conclusion, the Court's role within the UN system is evaluated and a number of recommendations are made with a view to enhancing the role of the Court to enable it to address new challenges.
37
Bockel, Felix Matthes. "Securitization of Migration in Europe : Pushback practices and the Role of the European Court of Human Rights." Thesis, Umeå universitet, Statsvetenskapliga institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-187361.
Abstract:
An embedded case study investigating the ongoing securitization of migration in the EU from 2014-2020 and the role of legal institutions, in this case the European Court of Human Rights (ECtHR) in these processes. Securitization Theory is used in combination with Critical Legal Theory to create a framework that attempts to both illuminate the role of the functional actor in Securitization Theory further, and the impact securitization has on legal institutions. It provides explanations for sudden shifts in legal argumentation, especially in cases of high political relevance with the use of Critical Legal Theory. The case of N.D. & N.T. vs. Spain serves as an example of a functional actor providing two contrasting judgments on the same events within a short period of time and opens up discussions about political influences on legal institutions. Securitization and the framing of refugees as existential threats to European identity and culture is one of the many ongoing political processes related to the issue of migration and refuge in Europe. As the political landscape shifts and right-wing populist parties establish themselves in European Member States, illegal pushbacks have become common practice at the outer borders of the EU and are challenged both politically and legally. This study investigated cases of illegal pushbacks to renew criticism against the institutions engaging in and enabling the practice.
38
Rashid, Farid Mohammed. "The role of the prosecutor in the International Criminal Court : discretion, legitimacy, and the politics of justice." Thesis, University of East London, 2016. http://roar.uel.ac.uk/5860/.
Abstract:
Under the complex circumstances and the limited capacity in which the International Criminal Court (ICC) operates, the role of its prosecutor has been challenging. The ICC prosecutor cannot pursue all situations for investigation, and cases for prosecution. She has to be selective. Moreover, the individuals and the crimes over which the Court exercises its jurisdiction, and the present circumstances in which it operates raise political sensitivities that might undermine the ability of the Court to deliver its justice effectively. The ICC prosecutor faces a complex dilemma in negotiating a relationship between fealty to the law and the impact and possible benefits of political exigencies in delivering justice. It also raises the problem of the role of political considerations within the decision-making process. The exercise of discretion lies at the heart of these challenges, as the ICC’s Statute allows the prosecutor to exercise significant discretion. This thesis will explore and analyse the discretionary power of the ICC prosecutor. It situates the development of the office historically by referring to the experiences of the War Crimes Tribunals after World War II and the two United Nations Tribunals of the 1990’s. Against this background, it examines the scope of discretion and the way the Prosecutor has exercised it. This thesis will suggest that there has been a tendency to overlook the necessity of distinguishing between various senses of discretion open to the prosecutor to exercise. In exploring the scope of discretion, the thesis will argue that there is wider range of discretion with different senses, available to the Prosecutor and that has been exercised by her, when applying legal thresholds. In assessing these legal thresholds, the focus will be on ‘sufficient gravity’ and ‘the interests of justice’. The thesis will suggest that the indeterminacy of the legal thresholds, such as ‘sufficient gravity’ is the space, which, in effect, allows decision-makers to exercise a wide range of discretion. The thesis refers to this discourse as legal interpretative discretion. This is to be distinguished from prosecutorial discretion, which is a different concept and allows decision-makers to consider extra-legal considerations, as the case with the term ‘interests of justice ’. An implication of the interpretation of the terms like ‘sufficient gravity’, is that the prosecutor can appear to possess almost unlimited power. In exploring the relationship between the two types of discretion the thesis will root the analysis within a close reading of examples of the investigations and prosecutions, and the scholarly literature. The thesis also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions. The thesis engages with the repeated statements by prosecutors, which have denied the use of discretion and asserted a fealty to strict legalism. It suggests that beneath these statements lie a resource, discretion, which helps not hinders international criminal justice.
39
Burkhardt, Maren. "Victim participation before the International Criminal Court." Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2010. http://dx.doi.org/10.18452/16235.
Abstract:
Die vorliegende Arbeit beschäftigt sich mit der Frage, inwieweit Geschädigte von völkerstrafrechtlichen Verbrechen sich am Verfahren vor dem Internationalen Strafgerichtshof (IStGH) beteiligen können. Im Jahr 1998 wurde das Rom Statut des IStGH errichtet, welches erstmalig im Völkerstrafrecht die Möglichkeit für Geschädigte vorsieht, über die „Beteiligung“ als Zeuge hinaus aktiv am Verfahren vor dem IStGH teilzunehmen. Die Arbeit setzt die Normen des Rom Statuts zunächst in einen historischen Kontext. Sodann wird die Auslegung der Normen in den unterschiedlichen Verfahrensabschnitten umfassend anhand der gängigen Interpretationsmechanismen sowie der bisherigen Rechtsprechung erläutert. Da die Auslegung der Normen aufgrund der teilweise sehr weiten Fassung der Normen und der fehlenden Rechtsprechung weitestgehend ungeklärt war und zum großen Teil immernoch ist, stellt die Erläuterung der Auslegungsmöglichkeiten einen Schwerpunkt der Arbeit dar. Es erfolgt sodann eine Auseinandersetzung mit der Frage, inwieweit die bestehenden Regeln auf der einen Seite den Wünschen und Erwartungen der Geschädigten entsprechen, und inwieweit sie auf der anderen Seite mit den Rechten der Angeklagten und übergeordneten Interessen in Übereinstimmung zu bringen sind. Es werden Alternativen zum Internationalen Strafgerichtshof untersucht. Die Arbeit zeigt im Ergebnis Möglichkeiten und Grenzen der sogenannten Opferbeteiligung auf und erarbeitet Verbesserungsvorschläge zu dem derzeit bestehenden Modell.When the Rome Statute for the International Criminal Court was adopted in 1998, one of its innovations was that victims were granted an active role in the proceedings. This thesis is among the first to focus on the International Criminal Court’s power to enable victims to take part in the proceedings. It provides a comprehensive analysis of the legal framework of the participation system, taking into account relevant Court decisions. The study examines the position of victims in international criminal law, especially their rights to participate in all stages of the proceedings. It further explores to which extent the rules of the International Criminal Court correspond to the victims’ needs and wishes and on the other hand how the rules can be reconciled with the rights of the accused and other interests. The extent to which the ICC, as a criminal court, can and will at all help victims to overcome the consequences of war crimes. It will finally be reflected on some possible alternatives.
40
Pierré-Caps, Alexandra. "L'empereur et la cour de Dioclétien à Théodose Ier (284 - 395) : espace, réseaux, dynamiques de pouvoir en Occident." Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0271.
Abstract:
Le sujet interroge les procédés de structuration et de configuration d’une cour impériale, qu’ils soient spontanés ou à l’initiative de l’empereur. Comme le rappelle le sociologue allemand Norbert Elias, dont les travaux encadrent largement cette étude, la cour ne doit pas son existence à la volonté d’un seul individu. Le cadre chronologique de cette étude est celui d’un long IVe siècle, prétexte à l’observation d’une évolution de la structure aulique et de l’image de la dignité impériale sur le long terme. L’Occident offre un objet d’étude privilégié, par sa diversité et ses pratiques du pouvoir héritières d’une ancienne centralité axée sur la ville de Rome. Notre hypothèse de recherche vise à pondérer le « paradigme du prince décideur » et à faire de l’empereur du IVe siècle un acteur de la cour et non plus seulement le point nodal d’une structure aulique qui tend à s’autonomiser. Il s’agit de mieux appréhender l’évolution de la pratique d’un pouvoir souvent perçu comme autocratique, le façonnement d’une cour destinée à servir le prestige d’une dignité impériale restaurée et l’autonomisation d’une administration extrêmement lourde. La permanence de certains réseaux d’influence à la cour semble entraîner un paradoxe entre le renforcement de l’autorité impériale et la faiblesse de l’influence décisionnelle des empereurs dans certains domaines de la vie politique. Cette contradiction ménage de nouveaux espaces du pouvoir jusque dans les territoires de l’empire, sous la forme de projections spatiales de la réalité aulique à travers la mobilité des hauts fonctionnaires. De là, la cour apparaît d’abord comme une abstraction soumise au politique avant que d’être une réalité topographique. L’ « absolutisme » en tant que « trait dominant du régime » mérite une nouvelle approche historiographique à l’aune de ces nouvelles pratiques du pouvoir à l’œuvre dès la TétrarchieThe present subject examines the processes of structuration and configuration of an imperial court. Those processes could be spontaneous or on the emperor’s initiative. As the German sociologist Norbert Elias reminds us, the court doesn’t owe its existence to the will of one person. This study takes place in a long 4th century and highlights the evolution of the court structure and the representation of the imperial dignity over the long term. The Western empire is a priviledged field of study due to the diversity of its political practices of power inherited from the old centrality of power settled in Rome. Our research hypothesis is about moderating the paradigm of the ‘decision-maker prince’. In that sense, the emperor of the Late Roman Empire would become an actor of the court again and not only the nodal point of this structure which is trying to become autonomous. We would like to better comprehend the evolution of a power usually regarded as autocratic, the making process of a court intended to serve the prestige of a restored imperial dignity and the autonomisation of an heavy administration. There is a paradox between the permanency of some political networks at court, the reinforcement of the imperial authority and the decision-making weakness of the emperors in some aspects of the political life. This contradiction creates new spaces of power in empire's territories because of the mobility of the senior officials. In that, the court appears more as a political abstraction than just a topographic reality. The ‘absolutism’ of that time deserves a new historiographical approach to understand those new political practices noticeable since the Tetrarchy
41
Camacho, Christina Marie Alarid Leanne Fiftal. "The role of the advocate for victims of domestic violence in municipal court does advocacy make a difference? /." Diss., UMK access, 2006.
Abstract:
Thesis (M.S.)--Dept. of Sociology/Criminal Justice & Criminology. University of Missouri--Kansas City, 2006."A thesis in criminal justice and criminology." Typescript. Advisor: Leanne F. Alarid. Vita. Title from "catalog record" of the print edition Description based on contents viewed Jan. 26, 2007. Includes bibliographical references (leaves 93-97). Online version of the print edition.
42
Hansson, Desirée S. "Differences in the comprehensibility of testimony : a comparative study of magistrate's credibility judgements, witnesses' ethnicity and court role." Master's thesis, University of Cape Town, 1985. http://hdl.handle.net/11427/17018.
Abstract:
BIbliography: pages 203-215.Only limited research has been undertaken regarding the effects of extralegal variables on the verdicts of lower courts. Bennett and Feldman (1981) have demonstrated that the well-formedness of the semantic structure of testimony determines its credibility. It has been shown that the comprehensibility of narrative discourse (testimony) is a reliable indicator of its well-formedness (Thorndyke, 1977). This study aims to explore the relationships between comprehensibility (well-formedness) as a dependent variable, and magistrates' credibility judgements, the ethnicity of witnesses and their court roles as independent variables. Simple three way Anovas constituted the bulk of the statistical analyses.
43
Al-Owais, Hadif Rashid. "The role of the Supreme Court in the constitutional system of the United Arab Emirates : a comparative study." Thesis, Durham University, 1989. http://etheses.dur.ac.uk/786/.
Abstract:
This study is concerned with demonstrating the importance of the Supreme Court in the constitutional system of the United Arab Emirates, discovering its possible contributions to constitutional development and recommending measures to improve the effectiveness of the Court. A brief analysis of the modern history of the United Arab Emirates and an outline of the characteristics of this country and its society are provided. The constitutional history of the country is given, with specific emphasis on the process of drafting the current constitution. The role of constitutional courts in federal systems, their contributions to and the theoretical basis for participation in the development and maintenance of, constitutional systems is discussed. This study includes a fairly detailed analysis of the arguments about the role of the U.S. Supreme Court and the American Federal judiciary in practising judicial review, and the authority of judicial interpretations of the constitution. The West German experience in judicial review and its effects on federalism is analysed. The constitutional system of the United Arab Emirates and the position and competence of its Supreme Court is evaluated. A detailed study is provided of the development of the jurisprudence of the court since its establishment. Findings and recommendations aimed at improving the contribution of the Supreme Court in the constitutional system of the United Arab Emirates are provided.
44
Geldreich, Adam Arnold 1954. "The role of congressional control in the adjudication of Indian claims in the United States Court of Claims." Thesis, The University of Arizona, 1992. http://hdl.handle.net/10150/278190.
Abstract:
Indian Claims in the United States Court of Claims possess the unique quality of close congressional scrutiny. Because of the long-standing legislative relationship existing between the legislative branch and Indian tribal groups, the experiences of tribes in the Court of Claims held particular dynamics which were exclusively distinctive in many ways. It is my hypothesis that congressional plenary power over Indian tribes and the influential legislative control which Congress exercised over the Court of Claims combined to put Indians in a litigatory environment which doomed the possibility for the majority of tribes to achieve successful redress of grievances.
45
Zammar, Leila. "Scenography at the Barberini court in Rome, 1628-1656." Thesis, University of Warwick, 2017. http://wrap.warwick.ac.uk/90103/.
Abstract:
The aim of this thesis is to shed light on the development of scenography at the Barberini court in Rome during the period 1628-1656, filling a gap in the study of the staging of performances in this city during the seventeenth century. Differently from the performances staged in other contemporary courts, the spectacles staged by the Barberini (nearly all of them at the Palazzo alle Quattro Fontane) have been discussed mainly from a musicological perspective and have been little investigated from a theatrical point of view. This thesis shows that members of the Barberini family played a key role in the development of staging techniques and theatrical devices in Rome, using dramatic productions in order to advance and consolidate their power. It also gives special attention to the development of scenographic techniques in Rome in the first half of the seventeenth century. The discussion makes use of a wide range of primary sources, including reports, avvisi, letters, engravings, and contemporary manuals of scenography and theatrical sketches. Most notable are the rich archival resources of the Vatican Library, especially the payment records (giustificazioni) that shed light on people hired and materials employed for the various spectacles. A selection of these documents is transcribed and made available for the first time in the Appendix. Since the impressive development of scenography at the Barberini court was achieved thanks to the collaboration of numerous artists and artisans, either belonging to the Barberini entourage or engaged from other courts, their contribution also forms part of the discussion. The thesis includes computer-aided reconstructions of stage plans for several of the spectacles investigated. These provide a methodological tool for clarifying the hypotheses proposed, consisting in the graphic representation of the scenographic elements of the performances analysed.
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Gatta, Andrea. "Towards the Harmonisation of Civil Procedure: Translation in Italian Civil Court Proceedings and the Role of Multilingual Document Templates." Master's thesis, Alma Mater Studiorum - Università di Bologna, 2018. http://amslaurea.unibo.it/17167/.
Abstract:
Over the past few decades, globalisation, international trade, cross-border investments, travel, and economic and personal relationships between citizens of different countries have had a profound impact on law. An increase in international relationships is inevitably followed by a growth in international and cross-border litigation. Therefore, several initiatives have been launched with the aim of unifying, harmonising, and internationalising civil procedure. Today, the international harmonisation of civil procedure is mainly achieved through soft law instruments, such as the numerous Hague Conventions dedicated to this legal field and the ALI/UNIDROIT Principles of Transnational Civil Procedure. Moreover, in the European Union, harmonisation of civil procedure has reached even more advanced levels across member states.
Any party who becomes involved in an international or cross-border dispute naturally needs to understand what is happening around them. Hence, translation is attributed a major role in international civil procedure. This paper will look at translation in civil proceedings, with particular regard to international and transnational disputes which fall under the Italian jurisdiction¬. Its purpose is twofold: 1) the first aim is to propose a potential resource which could facilitate translation in Italian civil proceedings, i.e. multilingual civil court document templates; 2) the second aim is to raise awareness on the importance of translation in international and cross-border disputes and highlight the peculiarities which characterise this particular type of translation and differentiate it from other areas of both general and legal translation.
Chapter 1 offers an overview of Italian civil proceedings. Chapter 2 is dedicated to legal translation. Chapter 3 focuses on Italian civil court documents and the use of templates in Italian proceedings. Finally, Chapter 4 presents the German and English translations of six Italian sample templates.
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Scheepers, Chiquekita. "The role of the social worker in the interdisciplinary team providing statutory services to children and families in the cape metropole." University of Western Cape, 2020. http://hdl.handle.net/11394/7993.
Abstract:
Magister Artium (Social Work) - MA(SW)The role of statutory social workers is often misperceived by other role players in interdisciplinary teams; but even more so in the law fraternity spectrum. As such, social workers experience many challenges working with attorneys, magistrates and court clerks because they are often undermined by their counterparts in the interdisciplinary team. This places great strain on professional relationships in settings where these professions are required to work collaboratively, such as statutory services with children and families. Therefore, the aim of this study was to understand the role of the social worker in the interdisciplinary team providing statutory services to children and families in the Cape Metropole. The theoretical framework selected for this study is conflict theory, because it is suited to explain the often-strenuous relationship between social workers and the rest of the interdisciplinary team in the law fraternity.
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Richardson-Oakes, Anne. "Law, Race and Education : A Study of the Role of the Court Expert in the Boston Schools Desegregation Litigation." Thesis, Birmingham City University, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.518098.
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Marconell, Maria Helena. "Christiaan Huygens : a foreign inventor in the Court of Louis XIV : his role as a forerunner of mechanical engineering." Thesis, Open University, 1999. http://oro.open.ac.uk/57983/.
Abstract:
The aim of this thesis has been to argue, on the basis of primary sources, that Huygens was a pioneer in the field of mechanical engineering. He fits the definition of a mechanical engineer as somebody who develops a novel invention either empirically or theoretically, using known mechanical theories. In the same way, a new invention may come about through transforming an existing machine or instrument thus revolutionizing any future versions of it. Huygens did both he applied a pendulum to existing clocks and transformed the making of precision instruments from that moment onwards. The first chapter of the thesis presents Huygens' works on pendulum clocks and marine clocks. The second chapter is dedicated to Huygens' research and designs of the air pump and linking with the third chapter on matter theory. The fourth chapter focuses on Huygens' designs of various instruments (the telescope, the microscope, the level, the planetarium and others). The final chapter depicts Huygens in the societies in which he lived. Huygens was a pioneer of mechanical engineering because he presented a complete work on mechanics to explain instruments, 'automata', by mathematical axioms and laws. Furthermore, he developed a methodology for improving instruments and machines based on searching for the best materials to obtain the best working models. The Horologium Oscillatorium of 1673, was a textbook, which inspired others to continue a tradition of mechanics for the mechanical engineer. With geometrical ratios he was able to show the applicability of technology in everyday life. Therefore, Huygens took the foundations of mechanics further than his contemporaries did. The geometry he used was the basis, which could simplify and give a quantitative measure of nature and of any man-made instruments alike.
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Kwok, Wai-kin. "The future roles of the juvenile court in Hong Kong." Click to view the E-thesis via HKUTO, 2001. http://sunzi.lib.hku.hk/hkuto/record/B31979221.