Dissertations / Theses: 'Treaties'

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Horn, Frank. "Reservations and interpretative declarations to multilateral treaties." Amsterdam ; New York : New York, N.Y., U.S.A. : North-Holland ; Sole distributors for the U.S.A. and Canada, Elsevier Science Pub. Co, 1988. http://catalog.hathitrust.org/api/volumes/oclc/17385940.html.

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Smith, Heather Michelle. "Explaining ratification of human rights treaties signaling for aid during regional crises /." Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2007. http://wwwlib.umi.com/cr/ucsd/fullcit?p3257393.

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Thesis (Ph. D.)--University of California, San Diego, 2007.
Title from first page of PDF file (viewed May 22, 2007). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references (p. 233-252).

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Siegmann, Till. "The Impact of Bilateral Investment Treaties and Double Taxation Treaties on Foreign Direct Investments." St. Gallen, 2007. http://www.biblio.unisg.ch/org/biblio/edoc.nsf/wwwDisplayIdentifier/02218667001/$FILE/02218667001.pdf.

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McCall-Smith, Kasey Lowe. "Reservations to human rights treaties." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6320.

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This thesis examines the default application of the 1969 Vienna Convention on the Law of Treaties reservation rules to reservations to human rights treaties. The contemporary practice of formulating reservations allows states to unilaterally modify their treaty obligations following the conclusion of negotiations. Though multilateral treaties address a broad spectrum of subjects and are negotiated using a variety of methods, all treaties are governed by the same residual reservation rules of the Vienna Convention when there is not a treaty-specific reservation regime in place. The Vienna Convention system is only engaged if a state seizes the opportunity to determine whether a reservation is valid pursuant to default rules or if a challenge regarding the validity of a reservation is brought before another competent mechanism of review, such as a dispute resolution mechanism. Even when applied, the Vienna Convention rules are ambiguous at best and have been criticised since their inception due to the high degree of flexibility in their application, especially in relation to human rights treaties. In light of the inherent flaws of the Vienna Convention reservation regime and the structural characteristics of human rights treaties, rarely will a reserving state be deprived of the benefit of the reservation even if it is determined to be invalid by another State Party. Though the consequences of an invalidity determination are more concrete when the decision is taken by a dispute resolution mechanism, such as a court, seldom are disputes over the validity of a reservation to a human rights treaty submitted to a competent mechanism. Using the core UN human rights treaties as a case study this research highlights that the past thirty years have revealed a practical impasse in treaty law when the default reservation rules are relied upon to regulate reservations to human rights treaties. Reservations of questionable validity gain the same status as valid reservations because the Vienna Convention rules do not address the consequence for a reservation determined to be invalid outwith the traditional inter se application of the reservation between the reserving and objecting states, which is not logical in the context of a human rights treaty. Against this background, this thesis examines whether the default reservation rules adequately govern reservations to human rights treaties. The conclusion affirms that the Vienna Convention reservation regime can regulate reservations to human rights treaties but only if there is a clearly defined final view on the validity of a reservation taken by an organ other than the state. Therefore, it is argued that treaty-specific supervisory mechanisms attached to each of the core UN human rights treaties should be invested with the competency to serve a determinative function with respect to evaluating reservations to human rights treaties in order to facilitate a stronger basis for the international human rights system.

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Nettestad, Malin. "Tax Treaties: The EU Tax Dilemma : - The relationship between EU State Aid and Tax Treaties." Thesis, Uppsala universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-333798.

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Huang, Yingliang. "Reservations to multilateral human rights treaties." Thesis, University of Ottawa (Canada), 2006. http://hdl.handle.net/10393/27374.

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Reservations to multilateral human rights treaties have become an important issue since the case of the Genocide Convention in 1951. Although the compatibility principle upheld by the International Court of Justice (ICJ) was codified in the 1969 Vienna Convention on the Law of Treaties (Vienna Convention), the current reservations mechanism is problematic and detrimental to human rights treaty-making. I will argue that the logical relation between the two standards comprising the compatibility principle has been lost under the Vienna Convention and it should be reintroduced by a competent body. For this purpose, I will analyze the characteristics of human rights treaties, clarify the permissibility of making reservations, go through the origin and development of the compatibility principle, and identify the problem of the current reservations mechanism, namely that the determination of the compatibility of reservations is left to individual States. The solution I will propose is that the ICJ should be conferred the competence to objectively determine the compatibility of reservations. Key words. the compatibility principle; the objective determination of compatibility

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Smith, Shirleen. "Dene treaties, anthropology and colonial relationships." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ39593.pdf.

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Rijntjes, Dick. "Does Hong Kong need tax treaties?" Thesis, Click to view the E-thesis via HKUTO, 1996. http://sunzi.lib.hku.hk/HKUTO/record/B3862784X.

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Novoa, Curich Yvana Lucía. "Are anticorruption conventions human rights treaties?" THĒMIS-Revista de Derecho, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/108632.

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This article seeks to determine whether international anticorruption conventions can be considered human rights treaties. The conclusion the author arrives to in the present article involves a new approach to understand the effects of the implementation of the aforementioned conventions in Peru.To answer the question whether these conventions are human rights treaties, the author explains the aim and the purpose of these conventions, and addresses its role on democracy and its relation with Human Rights. Finally, the author wonders if it is possible to recognize a fundamental right to a non-corrupt government.
El presente artículo busca determinar si las convenciones internacionales de lucha contra la corrupción pueden ser consideradas como tratados de Derechos Humanos. La conclusión a la que llega la autora implica una nueva forma de pensar los efectos en la aplicación de dichas convenciones en nuestro país. Para llegar a una respuesta, la autora explica el objeto y finalidad de estas convenciones, y aborda su rol en la democracia y su relación con los Derechos Humanos. Finalmente, la autora se pregunta si es posible el reconocimiento del derecho a un gobierno no corrupto.

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Robert, Sheila, and University of Lethbridge Faculty of Arts and Science. "The negotiation and implementation of Treaty 7, through 1880." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Arts and Science, 2007, 2007. http://hdl.handle.net/10133/619.

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The objective of this thesis is to examine the archival documents that may be considered by the Supreme Court of Canada if the Treaty 7 Nations were to challenge the Federal Government on the Treaty’s content and meaning. The impetus for this thesis is two-fold. Firstly, recent decisions by the Supreme Court of Canada, in relation to Aboriginal historical treaties, have demonstrated a shift towards legally recognizing the sovereignty of First Nations. As more First Nations challenge the Federal Government on their fulfillment of treaty obligations, Supreme Court decisions will become more elaborate and exhaustive, providing many Nations with an opportunity to address treaty concerns in a more substantive manner than in the past. Secondly, the Blackfoot are my neighbours and I am very honoured to relay part of their story.
375 leaves ; 29 cm.

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Miltner, Barbara Lynn. "The territorial application of treaties in international law." Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610414.

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Petkova, Kunka, Andrzej Stasio, and Martin Zagler. "On the relevance of double tax treaties." WU Vienna University of Economics and Business, Universität Wien, 2018. http://epub.wu.ac.at/6071/1/SSRN%2Did3126593.pdf.

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This paper investigates the effects of double tax treaties (DTTs) on foreign direct investment (FDI) after controlling for their relevance in the presence of treaty shopping. DTTs cannot be considered a bilateral issue, but must be viewed as a network, since FDI can flow from home to host country through one or more conduit countries. By accounting for treaty shopping, we calculate the shortest (i.e. the cheapest) tax distance between any two countries allowing the corporate income to be channelled through intermediate jurisdictions. We differentiate between relevant and neutral DTTs - i.e. tax treaties that offer investors a financial advantage - and irrelevant DTTs and use these data to derive two important results. First, only relevant and neutral tax treaties increase bilateral FDI, whereas irrelevant DTTs do not. We can quantify the increase of FDI due to a relvant DTT at around 22%. Second, significant tax reductions due to treaty benefits will lead to an increase in FDI.
Series: WU International Taxation Research Paper Series

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MacDonald, Ian. "Towards a general theory of environmental treaties." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape7/PQDD_0028/NQ51893.pdf.

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Montoya, Chávez Victorhugo, and Cambiaso Raúl Feijóo. "The Hierarchy of Human Rights International Treaties." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123420.

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An issue that has sparked heated debate over the years is undoubtedly the hierarchy of international treaties in the Peruvian legal system. the critical point is whether these treaties have Constitutional status. thus, the authors seek the answer based on the hierarchy of laws and how Human Rights Treaties are defined nowadays. Furthermore, they analyze the arguments defending their constitutional status in order to arrive to a firm conclusion that considers the globalization process that Law is going through.
Un tema que ha despertado un gran debate a lo largo de los años, es sin duda el rango de los tratados internacionales en el ordenamiento jurídico peruano. el punto álgido sobre la discusión es si dichos tratados tienen el mismo peso que la Constitución. De esta manera, los autores buscan responder a la interrogante basándose en la jerarquía normativa y cómo se entienden hoy en día los tratados sobre Derechos Humanos. Además, analizan los argumentos que defienden su rango constitucional, para finalmente emitir una sólida conclusión considerando el proceso de globalización por el que transcurre el Derecho en la actualidad.

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Afadameh-Adeyemi, Ashimizo. "Securing compliance with African economic integration treaties." Doctoral thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4648.

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Includes abstract.
Includes bibliographical references.
The absence of strong supranational institutions and the failure of states to comply with their integration obligations feature prominently in almost every discussion on economic integration in Africa. There seems to be a consensus that without strong supranational institutions to enforce compliance, economic integration in Africa may not succeed. This thesis takes a different approach to the discussion on compliance. The thesis argues that the failure of African states to comply with their integration obligations is not necessarily a function of deliberate and blatant disobedience for the norms of economic integration. Rather, there are other systemic challenges which impede the ability of African states to comply with their obligation. To resolve these challenges and ensure compliance, the thesis suggests that African states need to continuously engage in a discursive process wherein the norms of economic integration are constantly iterated and given authoritative interpretation. Furthermore, institutional, technical and infrastructural capacity needs to be developed across the continent in order to create favourable conditions for the implementation of the norms of integration. To this end, more attention needs be paid at the regional and national level to initiatives which improve good governance and aid the internalisation of the norms of economic integration among African states.

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Afademeh-Adeyemi, Ashimizo. "Securing compliance with African economic integration treaties." Doctoral thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/12659.

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Includes bibliographical references.
The absence of strong supranational institutions and the failure of states to comply with their integration obligations feature prominently in almost every discussion on economic integration in Africa. There seems to be a consensus that without strong supranational institutions to enforce compliance, economic integration in Africa may not succeed. This thesis takes a different approach to the discussion on compliance. The thesis argues that the failure of African states to comply with their integration obligations is not necessarily a function of deliberate and blatant disobedience for the norms of economic integration. Rather, there are other systemic challenges which impede the ability of African states to comply with their obligation. To resolve these challenges and ensure compliance, the thesis suggests that African states need to continuously engage in a discursive process wherein the norms of economic integration are constantly iterated and given authoritative interpretation. Furthermore, institutional, technical and infrastructural capacity needs to be developed across the continent in order to create favourable conditions for the implementation of the norms of integration. To this end, more attention needs be paid at the regional and national level to initiatives which improve good governance and aid the internalisation of the norms of economic integration among African states.

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Eichler, Stefan, and Jannik A. Nauerth. "Bilateral investment treaties and sovereign default risk." Technische Universität Dresden, 2021. https://tud.qucosa.de/id/qucosa%3A75267.

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This paper analyzes the impact of bilateral investment treaties (BITs) on sovereign bond returns of 25 emerging markets from 1993 to 2016. Under a BIT, foreign investors can use an international arbitration scheme to enforce compensation claims against the domestic government in case of direct or indirect expropriation. We focus on the so far unexplored effects of legal risk associated with BITs on sovereign creditworthiness. We find small unconditional effects of BITs on sovereign bond returns. Taking the heterogeneity of BITs and political regimes into account, we find robust and strong negative effects. In countries with high political risk of expropriation (measured by low executive constraints), we find that the implementation of investor-friendly BITs is associated with a significantly negative impact on sovereign bond returns, accounting for roughly 15% of bond returns’ standard deviation.

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Zeman, Ondřej. "International Treaties In the Czech Legal Order." Master's thesis, Vysoká škola ekonomická v Praze, 2007. http://www.nusl.cz/ntk/nusl-4362.

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In the second, common part describes public international law and it's relation to the national law. Subsequently the system of sources of public international law and application of the international treaties to the system of the national law. In the third, analytical part describes relationship between international and the Czech law, it's historical development and present situation and the relation of the Czech national law to the acquis communautaire as well.

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Al-Louzi, Rawan. "A coherence perspective of bilateral investment treaties." Thesis, University of Manchester, 2013. https://www.research.manchester.ac.uk/portal/en/theses/a-coherence-perspective-of-bilateral-investment-treaties(289a0e95-5cd3-404b-90c3-c6870cc8d487).html.

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Foreign investment is mainly protected through national laws. However the wide-spreading network of bilateral investment treaties aims to ensure a certain standard of protection. These treaties demonstrate far-reaching implications at both treaty level and international level. The implications raise an important question as to whether bilateral investment treaties are coherent or not. Coherence can be viewed as an attempt to prettify the law and minimise the effect of politics which may leave the law incoherent. It is obvious that bilateral investment treaties need to be coherent for a number of reasons. Firstly, incoherent treaties may create problems in relation to the development policy of member countries. Secondly, coherence reassures that negotiators of such treaties would not encounter possible contradictions and inconsistencies amongst the countries’ agreement network as well as between the treaties and domestic laws. Thirdly, coherence is critical to treaty interpretation as it is necessary to avoid further complications which may arise from contradictory awards. The aim of this thesis is mainly to elucidate the meaning of coherence and use it to provide an understanding as to how coherent these treaties are. The coherence of bilateral investment treaties will be evaluated in a number of aspects: coherence between bilateral investment treaties and the fundamental principles of international investment law; coherence between bilateral investment treaties and their objectives of investment promotion and investment liberalisation; coherence within the bilateral investment treaties network; coherence between bilateral investment treaties and customary international law on foreign investment; coherence between bilateral investment treaties and free trade agreements; coherence between bilateral investment treaties’ obligations and non-investment obligations of states.

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Six, Martin. "Hybrid Finance in the Double Tax Treaties." SFB International Tax Coordination, WU Vienna University of Economics and Business, 2007. http://epub.wu.ac.at/1574/1/document.pdf.

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The compartmentalisation of company finance into equity and debt does not truly capture the enormous diversity of financial instruments available. A wide variety of hybrid instruments incorporate elements of both equity and debt. From a fiscal point of view the classification of such hybrid instruments as equity or debt is crucial for two reasons. First of all, the issuer can treat interest on the latter as tax-deductible in most cases, and secondly, for the investor the classification determines whether the payments received from the respective instrument is treated as a dividend or as interest. One important question in this context is how hybrid instruments are treated in the tax treaty between the source state and the residence state. It is the aim of this paper, to show how the yield on hybrid financial instruments can or must be qualified as either dividend or interest in the double tax treaties, irrespective of the treatment in contracting states.
Series: Discussion Papers SFB International Tax Coordination

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Petkova, Kunka, Andrzej Stasio, and Martin Zagler. "On the relevance of double tax treaties." Springer US, 2020. http://epub.wu.ac.at/7181/1/2019itax.pdf.

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This paper investigates the effects of double tax treaties (DTTs) on foreign direct investment (FDI) after controlling for their relevance in the presence of treaty shopping. DTTs cannot be considered a bilateral issue, but must be viewed as a network. We define tax distance as the cost of channelling corporate income from one country to another and, by considering treaty shopping through intermediate jurisdictions, we calculate the shortest (i.e. the cheapest) distance between any two countries. We show that relevant tax treaties-which reduce the direct tax distance both over domestic law and the entire existing treaty network-will increase FDI by about 18%.

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Engelen, Franciscus Antonius. "Interpretation of tax treaties under international law : a study of articles 31, 32 and 33 of the Vienna Convention on the Law of Treaties and their application to tax treaties /." Amsterdam : IBFD, International Bureau of Fiscal Documentation, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/479589860.pdf.

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Tadmore, Niv, and mikewood@deakin edu au. "The interaction between tax treaties and e-commerce re-examined." Deakin University. School of Law, 2003. http://tux.lib.deakin.edu.au./adt-VDU/public/adt-VDU20050719.085242.

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Dhoukar, Malek. "Treaty shopping : la fin d'un problème fiscal international?" Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31568.

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Treaty Shopping can be defined as the "abuse" of tax conventions; it is a major international taxation topic. Its importance is increasing since the beginning of the 80's and the enactment of specific anti treaty shopping measures.
Those specific measures are the purpose of this thesis. Is treaty shopping a solved problem? Are those measures, taken principally by the undisputed leader of this policy, the United States, entirely efficient?
In order to answer those questions, a brief study of the phenomenon of treaty shopping is needed. The first part of this thesis deals with this issue.
The measures themselves are analyzed in the second part. Basically, we can classify them in two categories, the national and the limitation on benefits incorporated in tax conventions. Both of them present weaknesses and approximations. In those circumstances, it would be difficult to admit the end of treaty shopping. Moreover, those measures have raised new problems that must be addressed firstly in order to envisage an end to the practice of treaty shopping.

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Miyoshi, Masahiro. "Considerations of equity in international arbitrations with special reference to territorial and boundary disputes." Thesis, King's College London (University of London), 1989. https://kclpure.kcl.ac.uk/portal/en/theses/considerations-of-equity-in-international-arbitrations-with-special-reference-to-territorial-and-boundary-disputes(b744eaf1-68ff-454b-a388-da0b6b95ab38).html.

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Mamontovas, Andrius. "Conflict of teaties concluded between states and the ways to resolve them." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20120206_143316-97409.

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In the dissertation the author conducts analysis of general and special international legal regulations governing the ways for resolving treaty conflicts. Author researches the content and systemic ties between norms of the law of treaties, state responsibility and international legal proceedings pertinent to treaty conflict resolutions, as well as ways methods of treaty conflict resolution embodied in selected subsystems of international law (European Union law, World Trade Organization law, Convention for the Protection of Human Rights and Fundamental freedoms). Based on this research the author provides conceptual findings concerning the notion of conflict of treaties, relationship between methods for resolving treaty conflicts in general and special international law and provides recommendations cncerning interpretation and application of legal regulations governing treaty conflict resolutions.
Disertacijoje tiriamas bendrasis bei specialusis tarptautinių sutarčių kolizijų sprendimo būdus nustatantis teisinis reguliavimas bei jo keliamos mokslinės ir praktinės problemos. Disertacijoje analizuojamas tarptautinių sutarčių teisės, valstybių atsakomybės teisės bei tarptautinio teisminio proceso normų turinys bei jų tarpusavio ryšiai, o taip pat analizuojami tarptautinės teisės posistemėse (Europos Sąjungos teisėje, Pasaulinės Prekybos Organizacijos teisėje ir Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijoje) nustatyti tarptautinių sutarčių kolizijų sprendimo būdai. Disertacinio tyrimo pagrindu autorius pateikia konceptualias išvadas dėl sutarčių kolizijų sampratos, bendrojoje bei specialiojoje tarptautinėje teisėje nustatytų kolizijų sprendimo būdų santykio, bei pateikia pasiūlymus dėl sutarčių kolizijų sprendimą nustatančio teisinio reguliavimo aiškinimo bei taikymo.

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Mamontovas, Andrius. "Valstybių sudarytų tarptautinių sutarčių kolizijos ir jų sprendimo būdai." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20120206_143510-32717.

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Disertacijoje tiriamas bendrasis bei specialusis tarptautinių sutarčių kolizijų sprendimo būdus nustatantis teisinis reguliavimas bei jo keliamos mokslinės ir praktinės problemos. Disertacijoje analizuojamas tarptautinių sutarčių teisės, valstybių atsakomybės teisės bei tarptautinio teisminio proceso normų turinys bei jų tarpusavio ryšiai, o taip pat analizuojami tarptautinės teisės posistemėse (Europos Sąjungos teisėje, Pasaulinės Prekybos Organizacijos teisėje ir Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijoje) nustatyti tarptautinių sutarčių kolizijų sprendimo būdai. Disertacinio tyrimo pagrindu autorius pateikia konceptualias išvadas dėl sutarčių kolizijų sampratos, bendrojoje bei specialiojoje tarptautinėje teisėje nustatytų kolizijų sprendimo būdų santykio, bei pateikia pasiūlymus dėl sutarčių kolizijų sprendimą nustatančio teisinio reguliavimo aiškinimo bei taikymo.
In the dissertation the author conducts analysis of general and special international legal regulations governing the ways for resolving treaty conflicts. Author researches the content and systemic ties between norms of the law of treaties, state responsibility and international legal proceedings pertinent to treaty conflict resolutions, as well as ways methods of treaty conflict resolution embodied in selected subsystems of international law (European Union law, World Trade Organization law, Convention for the Protection of Human Rights and Fundamental freedoms). Based on this research the author provides conceptual findings concerning the notion of conflict of treaties, relationship between methods for resolving treaty conflicts in general and special international law and provides recommendations cncerning interpretation and application of legal regulations governing treaty conflict resolutions.

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Ghanbari, Jahromi Mohammad Jafar. "The doctrine of treaties providing for 'objective regimes'." Thesis, University College London (University of London), 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.243386.

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LESSA, LUIZ FERNANDO VOSS CHAGAS. "INTERNATIONAL HUMAN RIGHTS TREATIES AND THE 1988 CONSTITUTION." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2004. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=5836@1.

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COORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR
A Internalização dos Tratados Internacionais de Direitos Humanos e a Constituição de 1988. A partir da promulgação da Constituição da República de 1988 a doutrina brasileira vem tentado defender a tese de que os pactos internacionais de direitos humanos são incorporados de forma automática ao direito interno, bastando para tanto sua ratificação no plano internacional. Os mesmo autores defendem, ainda, o status de norma de direito fundamental destes pactos uma vez incorporados. Partindo dessas duas assertivas, a presente dissertação, rejeita o primeiro postulado para afirmar que o caráter de norma constitucional das normas internacionais internalizadas decorre antes de tudo de seu conteúdo e não da forma de sua internalização. Do mesmo modo, pugna o presente trabalho que a adoção do rito tradicional para a internalização de tratados internacionais que versem sobre os direitos humanos não significa outorgar ao Executivo uma carta branca para postergar a prática dos atos necessários para a sua incorporação. Ao final, defende a possibilidade da intervenção do Poder Judiciário para assegurar a proteção dos direitos individuais ameaçados ou lesados por tal omissão.
The relationship between International Human Rights Law and municipal law in Brazil has taken a new turn with the adoption of a new Constitution in 1988. Human Rights lawyers and law teachers support the idea that the new Constitutional Charter allow for a monistic approach to the relationship between International Human Rights Law and municipal law. The present dissertation contends that even in the case of a Human Rights treaty the Brazilian Constitution demands an act destined to transform International Law in domestic law. Contrary to what these Human Rights advocates and theorists believe, the dualist theory allows, not only for the International Human Rights Law to be adopted in Brazil as material Constitutional Law, but for its prompt adoption after the entry in force of any human rights treaty ratified by Brazil. Also, this dissertation contends that in those cases that the delay in transforming International Law in municipal law harms individual rights, the Judiciary branch can offer a quick and effective response.

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Leite, Araujo Andre <1993&gt. "Speed, legislatures and international treaties: Evidence from Mercosur." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2022. http://amsdottorato.unibo.it/10239/1/Araujo_Andre_tesi.pdf.

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What causes faster or slower procedures in the parliaments when considering international treaties? This question motivates the current research, which aims to understand how the nature of coalitions influence the duration of the legislative processes. For this, the analysis covers all the treaties signed by Mercosur between 1991 and 2021 and the internalisation processes in four member states (Argentina, Brazil, Paraguay and Uruguay). It observes how long each parliament took to approve the treaties and which was the effect of political and economic variables. A mixed-methods approach was adopted for the empirical research, combining Survival Analysis, Qualitative Comparative Analysis and Process Tracing. While the quantitative work investigates all the cases, the qualitative study illuminates the enlargement of Mercosur, with in-depth analysis of the Paraguayan approval of the Venezuelan and Bolivian accessions. This study provides important insights into the role of national legislatures in the Latin American regionalism, concluding that the government-opposition cleavage drives the parliamentarians’ behaviour on the topic of regional integration. The study also contributes to the field Mercosur studies with the characterisation of the treaties ratified domestically, by undertaking a longitudinal analysis at the 30th anniversary of the bloc.

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Bravo, Nathalie. "The Mauritius Convention on Transparency and the Multilateral Tax Instrument: models for the modification of treaties?" United Nations, 2018. http://epub.wu.ac.at/7003/1/diaeia2018d5a5_en.pdf.

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The investment treaty network and the tax treaty network comprise more than 3,000 treaties each. The provisions of these treaties generally are highly customized on the basis of the investment flows and economic interests of the contracting States. The number of treaties in force and their customization potentially turn the amendment of these treaty networks in their entirety into a cumbersome and long process. To modify the treaty networks in a swift and coordinated manner, the investment treaty makers and the tax treaty makers almost contemporaneously developed the idea of implementing treaty changes through a single multilateral convention. On 10 December 2014, the United Nations adopted the Convention on Transparency in Treaty-based Investor' State Arbitration, also known as the Mauritius Convention. In addition, on 24 November 2016, the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (BEPS), commonly referred to as the Multilateral Tax Instrument, was concluded under the aegis of the Organisation for Economic Co-operation and Development (OECD). The Mauritius Convention and the Multilateral Tax Instrument share the object and purpose of modifying an extensive number of treaties. However, due to their novelty, little research has been done until now on their common characteristics and differences. The article aims at filling this gap by comparing both multilateral conventions. It also aims at drawing lessons from the analysis of both multilateral conventions that might be of benefit for future modifications of an extensive number of treaties through a single instrument.

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Haselbach, Carl. "Belarus - on the road to nationhood or back to a merger with Russia?" Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1997. http://handle.dtic.mil/100.2/ADA333398.

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Daniels, Paul. "The meaning of place of 'effective management' in the context of South African domestic tax law." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1018822.

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South Africa has a residence based system of taxation in which South African tax residents are taxed on their worldwide income. A company or other artificial person is regarded as a South African resident for tax purposes if it is incorporated, established or formed in South Africa or if its ‗effective management‘ is located in South Africa. Where a tax treaty determines in terms of its tie breaker rule that an artificial person is not resident in South Africa for treaty purposes, the company will also not be regarded as a tax resident in terms of South African domestic law. Treaties to which South Africa is party will often use the effective management‘ as the tie-breaker where a person other than an individual is resident in both Contracting states in terms of the respective states‘ domestic laws. The tests of ‗incorporation, established and formed‘ provide simplicity and certainty to governments but are easily open to manipulation by taxpayers. Therefore, the legislature found it necessary to incorporate effective management‘ as a test for residency into the Act. Effective management‘ is a substance over form concept which be described as a function which embodies the periodic, most senior executive management functions, which are required for the management of the affairs of the entity as whole. The test of effective management‘ by its very nature is concerned with where the crucial decisions are made in order to make a business function. To identify the location of effective management‘ it is necessary to enquire who calls the shots‘ in the context of the management of the company as opposed to who controls the company notwithstanding that there may in certain instances be overlap between the two functions. It is submitted that any person who, on the face of it seems unconnected to a company, could effectively manage‘ a company if that person is, in substance, responsible for the most senior executive management functions of the company. The discussion paper issued by SARS recognises the principal difficulties experienced with its current interpretation of the concept and makes valuable points, concessions and recommendations. It also recognised that the 'calling of shots' by the most senior executive is a critical marker of effective management‘ and that control of a company is irrelevant in determining effective management‘. To determine who effectively manages‘ a company each situation would have to be analysed on its own as it is not possible to create a definitive rule on the concept. In many cases the nature of the entity and its modus operandi would have to be taken into account to determine effective management.

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Hooper, L. "International cooperation : A role for institutional mechanisms." Thesis, University of Essex, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.381237.

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Ranganathan, Surabhi. "International law and strategically-created treaty conflicts." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608031.

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Tawana, Josiel Motumisi. "An Analysis of South Africa's Compliance with its Reporting Obligations Under Selected Core Human Rights Treaties." Thesis, University of Pretoria, 2020. http://hdl.handle.net/2263/77488.

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South Africa’s peaceful transition to democracy in 1994 and its related efforts to be a champion for human rights promotion and protection are well documented. Since the advent of democracy, it has signed and ratified seven of the nine core international human rights treaties. Having overcome a history of racism and human rights violations in a peaceful manner, it assumed the status of a leading state actor in the fields of human rights and democracy. This study reveals that state compliance is complicated and that many states including South Africa grapple with reporting obligations. This thesis contributes to the understanding that non-compliance with reporting obligations is not intentional, nor necessarily is it a result of state unwillingness to comply. It reveals that compliance gaps may arise from various factors, including state capacity and institutional effectiveness. This thesis reflects on South Africa’s compliance and reporting performance under three selected United Nations (UN) human rights treaties, namely, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the International Covenant on Civil and Political Rights (ICCPR). The three treaties were chosen owing to the critical role they can play in deepening the understanding of human rights in the country from economic, social, civil and political, and elimination of racism perspectives. They largely mirror the Constitution of South Africa and the country’s challenges, as it continues to grapple with the legacy of racism, poverty, inequality and underdevelopment. Their combined meaning and significance in South Africa needs to be better understood and explored. Compliance with UN human rights treaties is considered a global standard of good global citizenship. State reporting is, therefore, an important avenue to demonstrate South Africa’s compliance with its reporting obligations and commitment to human rights promotion and protection.
Thesis (PhD (International Relations))--University of Pretoria, 2021.
DIRCO
Political Sciences
PhD (International Relations)
Unrestricted

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37

Rosenthal, Indira. "Reservations to United Nations human rights treaties : is half a loaf better than no bread?" Thesis, Canberra, ACT : The Australian National University, 1996. http://hdl.handle.net/1885/109954.

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Much of the enormous volume of literature on the law of reservations has been concerned with human rights treaties. This is not surprising given the centrality of the International Court of Justice's Advisory Opinion on, Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide to the law of reservations and the sense that human rights objectives are not served by the current law of reservations. The concerns raised in this literature include the failure of the law to protect the rights expressed in the treaties from the undermining effect of reservations that are "incompatible" or otherwise invalid. In particular, concern about certain reservations made to the Convention on the Elimination of All Forms of Discrimination Against Women (the Women's Convention), to the Convention on the Rights of the Child (the Children's Convention) and to the International Covenant on Civil and Political Rights (ICCPR or Covenant), has prompted considerable discussion of the issue of the application of the law of reservations to all human rights treaties.

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Muren, Gustaf, and Peter Krohn. "Tax Treaties and EC Law : Development, Problems and Solutions." Thesis, Jönköping University, JIBS, Commercial Law, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-1074.

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Double taxation treaties play a vital part in the international relations between states

regarding taxation matters. Since double taxation can occur as soon as a person has

income in more than one state, it is very important that there can be effective remedies

to the problems that can occur in these situations. Double taxation treaties are

necessary in most situations created by international trade and they are even more

important in such a free flowing economic co-operation such as the EU, where the

trade between the Member States is not only free but also very frequent.

Most double taxation treaties are based on the Model Treaty created by the OECD.

Even states not members of the organization use it as a model for their treaties. This

means that treaties between Member States of the EC are often rather similar, but

many times have been drafted without consideration taken to EC law. This can create

problems since the European Court of Justice (ECJ) has stated in its case law that

even though the Member States are solely competent when it comes to direct taxation,

that competence must be used in accordance with EC law. Since double taxation

treaties are directed at flows of income and capital between states, it is most

probable that they can run afoul of EC law.

After some judgments of the ECJ the situation is clearer now, but there are still some

possible future problems. Examples of such problems are trailing taxes, limitations of

benefits and the most favoured nation (MFN) principle. The latter has been before

the Court, but there are many questions surrounding the MFN principle that has not

been answered satisfactorily. Even if more cases are brought before the Court and it

gives more guidance on how the Member States shall conclude treaties with each

other, it is still preferable with proper EC legislation on the subject. It must also be

mentioned that the ECJ has shown reluctance to disrupting the tax treaty networks in

place and has been reluctant to dismiss rules based on the OECD Model Treaty.

Several different solutions to these problems have been put forward, ranging from

doing almost nothing and just letting the development in the case law have its way to

a complete regulation of these issues through legislation by the EC. The two most interesting

solutions presented are a Multilateral EU Tax Treaty or an EU Model Tax

Treaty. Both of these two different methods would mean that the problems would

have a proper solution in that it would implement common rules that would be applicable

over the whole of the EU.

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Pompongsuk, Prasert. "International aircraft leasing, impact on international air law treaties." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0004/MQ44072.pdf.

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Lijnzaad, Elisabeth. "Reservations to UN-human rights treaties ratify and ruin? /." Maastricht : Maastricht : Rijksuniversiteit Limburg ; University Library, Maastricht University [Host], 1994. http://arno.unimaas.nl/show.cgi?fid=6543.

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41

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.
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.
On the other hand, private international air law treaties have faced the problems ranging from applicability of the 1952 Rome Convention and preferential rights under the 1948 Geneva Convention to aircraft engine leasing and the idiosyncrasy of leasing transactions.
This study is not aimed at scrutinizing leasing transactions but at examining the aforementioned difficulties, especially the issues of public international air law.

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Lewis, Corinne. "UNHCR and international refugee law : from treaties to innovation." Thesis, London School of Economics and Political Science (University of London), 2010. http://etheses.lse.ac.uk/2200/.

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Since its establishment in January 1951, the United Nations High Commissioner for Refugees (UNHCR) has played a unique and pivotal role related to international refugee law. The thesis explores the bases for this role and the approaches adopted by UNHCR to strengthen its role since the onset of the crisis in refugee protection in the 1980's. UNHCR's creation of doctrinal positions, that is, the organisation's written views of what refugee law should be, are featured as a crucial means employed by UNHCR to further the elaboration of the refugee law framework. UNHCR's innovative approaches related to States' accession, implementation, and application of international standards for the protection of refugees, such as capacity-building, are highlighted as means to enhance the effectiveness of international refugee law. The thesis commences with an overview of the historical and statutory foundations for UNHCR's role related to international refugee law, in chapter 1. The content of UNHCR's responsibilities, which concern the development and effectiveness of international refugee law, and the work the organisation carries out in order to fulfil these responsibilities, are explored in chapter 2. The flexibility in UNHCR's international law role, attributable to formal means to modify UNHCR's responsibilities and techniques adopted by the organisation, is elaborated in chapter 3. The increasing divergence between UNHCR's and States' approaches to refugee law, with the significant consequence that the weaknesses in the treaty law framework and in the means for ensuring its effectiveness, particularly its application, have become increasingly prominent, are the subject of chapter 4. The approaches adopted by UNHCR to address the weaknesses in the treaty law framework are evaluated in chapter 5 while the new activities carried out by UNHCR to strengthen the effectiveness of international refugee law are reviewed in the final chapter, chapter 6.

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Weeramantry, Joseph Romesh Gregory. "The interpretation of treaties by foreign investment arbitral tribunals." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/28971.

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This thesis explores the rules of treaty interpretation as they are applied by foreign investment arbitral tribunals ("FIATs"). Its primary aims are: a) to determine whether FIAT treaty interpretation practice is generally consistent with other international courts and tribunals; b) to assess whether the treaty interpretation rules contained in the 1969 Vienna Convention on the Law of Treaties ("Vienna Convention") are suitable for application in investor-State treaty disputes; and c) to evaluate the contribution of FIAT treaty interpretation jurisprudence to international law. The body of the thesis provides a background to treaty interpretation rules in international law and then examines in detail the application of the rules of interpretation contained in the Vienna Convention by both international courts and tribunals and FIATs. It also explores modes of interpretation that have been deployed by these two groups which are not explicitly referenced in the Vienna Convention. Investigation is also made of some unique or notable aspects of FIAT jurisprudence that relates to treaty interpretation. The research was carried out primarily through the analysis of international court and tribunal decisions and FIAT awards. The principal findings of the thesis are that: a) a general congruence exists between the interpretative practice of FIATs and that of other international courts and tribunals; b) the application of the Vienna Convention rules on treaty interpretation are suitable for investment treaty arbitration, with some exceptions, e. g., in situations where investors have vastly disproportionate access to the preparatory work of treaties as compared with respondent States; and c) FIATs have made a significant contribution to the international law of treaty interpretation.

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Manor-Percival, Yonit. "Bilateral investment treaties in a harmonious world : China's paradigm." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8573.

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China’s ascent up the echelon of the contemporary interstate system is often debated by reference to its implications for the US designed neoliberal world order. A ‘cauldron of anxiety’ appears to be brewing around what is said to be a potentially contesting force that is at best shallowly integrated and at worse set on institutional reconstitution. US anxiety over the integrity of the order she landscaped and from which she benefits may be understood insofar as insufficient submission signifies the risk of a rising untamed competitor. Yet, against the background of China’s participation in the international financial institutions, membership of the World Trade Organisation and the conclusion of a prolific bilateral investment treaties (BITs) program, in what way can she be said to have remained resistant and untamed? This work seeks to contribute to the debate by looking at it from the perspective of discourse. It examines two interrelated discursive structures:those of paradigm and law. In relation to the former it looks at the US engendered neoliberal worldview more specifically formulated as a Washington Consensus on the one hand and China’s vision of a harmonious world of lasting peace and prosperity on the other. In relation to the latter, juridical institutions furnish legitimising mechanisms and the rules by which paradigms are to be practiced. Since treaties form part of the US designed world order, this work applies BITs as a prism through which the interiors of paradigms may be unpacked. BITs are creatures of the capitalist paradigm in its neoliberal configuration in that they articulate and provide rules for the material realisation of a homogenised world in which the spatial movement of capital is free of impediments and sovereign rights are subjugated to property rights. By contrast they are not creatures of the harmonious world paradigm with its resurrection of indigenous heritage. In the context of China they represent processes of importation and adaptation originally triggered by forcible rupture. Against this construct of two different paradigms that nevertheless share a juridical structure this work concludes that China does aspire to a reformed world order. However, only time will tell whether reformative ambitions can survive own integration and the expansive compulsions of neoliberalism.

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Azaria, D. "Treaties on transit of energy via pipelines and countermeasures." Thesis, University College London (University of London), 2013. http://discovery.ucl.ac.uk/1388238/.

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This thesis elucidates the relationship between treaties on transit of energy via pipelines on the one hand and countermeasures as a means of implementation of international responsibility and as circumstances precluding wrongfulness on the other. It begins with an examination of the content and scope of treaty obligations and considers their nature as either bilateral or indivisible international obligations. After illustrating the polychromy of institutional structures created in these treaties for dispute settlement and compliance supervision, this study demonstrates that countermeasures remain the central means of enforcement in this area of international law. It argues that numerous treaty obligations concerning transit of energy via pipelines are oriented towards genuine multilateralisation. This trend has not extinguished countermeasures as a means of unilateral enforcement, but increasingly limits their form. Countermeasures in the form of suspending performance with treaty obligations concerning trade and transit via pipelines are either excluded or do not meet the conditions of lawfulness under general international law.

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Ryckman, Kirssa Cline. "Ratification as accommodation? Domestic dissent and human rights treaties." SAGE PUBLICATIONS LTD, 2016. http://hdl.handle.net/10150/620925.

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Repression is the expected response to anti-government protest; however, leaders can also accommodate demonstrators. Committing to human rights treaties is considered in this environment, where treaty commitments are conceptualized as a policy concession that leaders can grant dissenters. Past research has shown that top-down domestic pressures, such as new democratic regimes, can influence treaty commitments. This article extends this line of research by considering the influence of bottom-up domestic pressure, arguing that nonviolent, pro-democracy movements can pressure leaders into concessions, as these movements are risky to repress but threatening to ignore. Leaders are expected to seek ‘cheap’ accommodations, and commitments to human rights treaties provide a relatively low-cost concession that also addresses demonstrators’ pro-democracy demands. Using commitments to the nine core UN human rights treaties, results are generally supportive. Governments experiencing a nonviolent, pro-democracy movement are consistently likely to sign human rights treaties. Ratification is also likely but in more limited contexts, and is more closely related to movement success. This suggests that bottom-up pressures can influence commitment to human rights treaties, but there may be little substance behind those concessions. The status quo and cost-averse preferences of leaders lead them to grant accommodations that result in minimal change and cost.

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Blom, Okkie Johannes Jacobus. "The legal status of tax treaties in South Africa." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/62558.

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Timmerman, Janet. "Joseph LaFramboise : a factor of treaties, trade, and culture." Thesis, Manhattan, Kan. : Kansas State University, 2009. http://hdl.handle.net/2097/1132.

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Winkler, Agnes. "Zulässigkeit und Rechtswirkungen von Vorbehalten nach der Wiener Vertragsrechtskonvention /." Hamburg : Verlag Dr. Kovač, 2007. http://www.verlagdrkovac.de/978-3-8300-2770-6.htm.

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Dumlupinar, Nihat. "Regulation of private military companies in Iraq." Thesis, Monterey, California : Naval Postgraduate School, 2010. http://edocs.nps.edu/npspubs/scholarly/theses/2010/Mar/10Mar%5FDumlupinar.pdf.

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Thesis (M.A. in Security Studies (Civil-Military Relations))--Naval Postgraduate School, March 2010.
Thesis Advisor(s): Bruneau, Thomas ; Ear, Sophal. "March 2010." Description based on title screen as viewed on April 26, 2010. Author(s) subject terms: Private military companies, Private security companies, Civil-military relations, Regulation of private military companies, Contractors. Includes bibliographical references (p. 93-100). Also available in print.

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Dissertations / Theses on the topic 'Treaties'

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