Dissertations / Theses: 'Treaty'

1

Francis, Marvin. "City treaty." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ62729.pdf.

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2

Edwardes-Ker, Michael. "Tax treaty interpretation." Thesis, Queen Mary, University of London, 1994. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1679.

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This thesis analyses which principles should govern the interpretation of tax treaties. This field is complex - because tax treaties have a dual status. Tax treaties are treaties between States - which are governed by public international law, the principles of which have been codified in the 1980 Vienna Convention on the Law of Treaties. Tax treaties are also laws which can affect the domestic rights of taxpayers (and States). Different, and possibly conflicting, principles of interpretation may apply in public international, and in (different) domestic, contexts. This thesis seeks to reconcile these different principles, recognising that tax treaties should be interpreted uniformly. Only if this is done can double taxation (and double non-taxation) be avoided - and reciprocity achieved. This thesis analyses why, and when, the Vienna Convention is relevant in interpreting a tax treaty in a domestic context. It seeks to describe a uniform approach to tax treaty interpretation - which could be applied by domestic courts worldwide. It reaches four main conclusions. Firstly, a textual approach (endorsed as the starting point of interpretation at a public international level by Article 31(1) of the Vienna Convention) should (also) be the starting point of interpretation in a domestic context. Secondly, the proper approach in a domestic context cannot be the mirror image of the Vienna Convention approach. Thirdly, a uniform domestic approach cannot be identical to any one particular State's approach to the interpretation of its domestic tax statutes. Fourthly, a uniform domestic approach should be autonomous - and neutral as between all States. It should recognise a tax treaty's dual status - yet be independent of any interpretative principles which are appropriate only in a purely public international, or a purely domestic, context.

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3

De, Pietro Carla <1975&gt. "Tax Treaty Override." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2012. http://amsdottorato.unibo.it/5140/1/carla_depietro_tesi.pdf.

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What exactly is tax treaty override ? When is it realized ? This thesis, which is the result of a co-directed PhD between the University of Bologna and Tilburg University, gives a deep insight into a topic that has not yet been analyzed in a systematic way. On the contrary, the analysis about tax treaty override is still at a preliminary stage. For this reason the origin and nature of tax treaty override are first of all analyzed in their ‘natural’ context, i.e. within general international law. In order to characterize tax treaty override and deeply understand its peculiarities the evaluation of the effects of general international law on tax treaties based on the OECD Model Convention is a necessary pre-condition. Therefore, the binding effects of an international agreement on state sovereignty are specifically investigated. Afterwards, the interpretation of the OECD Model Convention occupies the main part of the thesis in order to develop an ‘interpretative model’ which can be applied every time a case of tax treaty override needs to be detected. Fictitious income, exit taxes and CFC regimes are analyzed in order to verify their compliance with tax treaties based on the OECD Model Convention and establish when the relevant legislation realizes cases of tax treaty override.
Che cosa é esattamente il treaty override ? Quando può dirsi realizzato ? Questa tesi, risultato di un dottorato in co-tutela tra l’Università di Bologna e l’Università di Tilburg, approfondisce un tema che non ha ancora trovato una sistematica analisi accademica. Al contrario, la ricerca relativa al treaty override è ancora ad uno stadio preliminare. Per questa ragione, la tesi, traendo origine dall’analisi di diritto internazionale generale, ha innanzitutto approfondito gli aspetti relativi all’origine ed alla natura del treaty override. Al fine di evidenziare le caratteristiche del treaty override e comprenderne le peculiarità sono stati analizzati gli effetti del diritto internazionale sui trattati contro la doppia imposizione che seguono il Modello OCSE. In modo particolare, la ricerca si è soffermata sugli aspetti concernenti la limitazione della sovranità nazionale quale effetto della valida conclusione di un trattato internazionale. La tesi, ha, quindi, prevalentemente avuto ad oggetto l’interpretazione del Modello OCSE al fine di delineare un ‘modello interpretativo’ che consenta l’individuazione dei casi di treaty override. Presunzioni, exit taxes e regimi CFC sono stati analizzati al fine di verificarne la compatibilità con il suddetto modello di Convenzione e stabilire quando la relativa legislazione nazionale determina casi di treaty override.

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4

De, Pietro Carla <1975&gt. "Tax Treaty Override." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2012. http://amsdottorato.unibo.it/5140/.

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What exactly is tax treaty override ? When is it realized ? This thesis, which is the result of a co-directed PhD between the University of Bologna and Tilburg University, gives a deep insight into a topic that has not yet been analyzed in a systematic way. On the contrary, the analysis about tax treaty override is still at a preliminary stage. For this reason the origin and nature of tax treaty override are first of all analyzed in their ‘natural’ context, i.e. within general international law. In order to characterize tax treaty override and deeply understand its peculiarities the evaluation of the effects of general international law on tax treaties based on the OECD Model Convention is a necessary pre-condition. Therefore, the binding effects of an international agreement on state sovereignty are specifically investigated. Afterwards, the interpretation of the OECD Model Convention occupies the main part of the thesis in order to develop an ‘interpretative model’ which can be applied every time a case of tax treaty override needs to be detected. Fictitious income, exit taxes and CFC regimes are analyzed in order to verify their compliance with tax treaties based on the OECD Model Convention and establish when the relevant legislation realizes cases of tax treaty override.
Che cosa é esattamente il treaty override ? Quando può dirsi realizzato ? Questa tesi, risultato di un dottorato in co-tutela tra l’Università di Bologna e l’Università di Tilburg, approfondisce un tema che non ha ancora trovato una sistematica analisi accademica. Al contrario, la ricerca relativa al treaty override è ancora ad uno stadio preliminare. Per questa ragione, la tesi, traendo origine dall’analisi di diritto internazionale generale, ha innanzitutto approfondito gli aspetti relativi all’origine ed alla natura del treaty override. Al fine di evidenziare le caratteristiche del treaty override e comprenderne le peculiarità sono stati analizzati gli effetti del diritto internazionale sui trattati contro la doppia imposizione che seguono il Modello OCSE. In modo particolare, la ricerca si è soffermata sugli aspetti concernenti la limitazione della sovranità nazionale quale effetto della valida conclusione di un trattato internazionale. La tesi, ha, quindi, prevalentemente avuto ad oggetto l’interpretazione del Modello OCSE al fine di delineare un ‘modello interpretativo’ che consenta l’individuazione dei casi di treaty override. Presunzioni, exit taxes e regimi CFC sono stati analizzati al fine di verificarne la compatibilità con il suddetto modello di Convenzione e stabilire quando la relativa legislazione nazionale determina casi di treaty override.

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5

Carr-Stewart, Sheila Betty. "Perceptions and parameters of education as a treaty right within the context of Treaty 7." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/NQ60282.pdf.

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6

Lash, Kevin A. "Lessons from the 1999 round of NATO enlargement." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Dec%5FLash.pdf.

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Thesis (M.A. in International Security and Civil-Military Relations)--Naval Postgraduate School, December 2003.
Thesis advisor(s): Donald Abenheim, Robert E. Looney. Includes bibliographical references (p. 105-112). Also available online.

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7

Hagelin, Johan. "Treaty overrides ur ett folkrättsligt perspektiv." Thesis, Uppsala universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-234884.

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8

Willis, Karen D. "Antarctic Treaty 1991 : a U.S. position." Thesis, Monterey, California: Naval Postgraduate School, 1990. http://hdl.handle.net/10945/27703.

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Approved for public release; distribution unlimited.
The Antarctic Treaty of 1959, ratified in 1961, is subject to review in 1991. This thesis presents a negotiating position for the United States in the event the Treaty is reviewed. To do so, it examines important aspects of the review process, presenting a broad view of the issues, parties, and strategies facing the United States in these negotiations. In addition, major issues which have evolved over the past 30 years within the parameters of the Antarctic Treaty System are explored, as well as areas of potential future conflict. The positions of those countries within and those outside the Antarctic Treaty System are identified in order to anticipate areas of conflict and consensus during the negotiation process. Additionally, some planning implications are explored which highlight operational support areas of concern. The thesis concludes that it is in the United States' interest for the Antarctic Treaty to continue in its present form and presents a negotiating strategy to achieve that end.

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9

Hasselstrom, Nathan. "An Exploration of the Selkirk Treaty." Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/39025.

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In 1817, the fifth Earl of Selkirk and certain Saulteaux chiefs negotiated the Selkirk Treaty to secure the existence of a fragile Euro-Canadian settlement near the confluence of the Red and Assiniboine Rivers. Selkirk died soon after, and his agents and successors disputed the content of the treaty with the Indigenous negotiating parties. The historiography of the Selkirk Treaty has not reached a consensus on these disputes, in part due to the number of ostensibly contradictory sources it draws upon. This thesis argues that these disputes can be best answered, and these ostensibly contradictory sources best reconciled, by situating them and the Selkirk Treaty within the context of the Indigenous and Imperial land frameworks that operated in Red River in 1817. This thesis first identifies unresolved questions in the historiography of the Selkirk Treaty. Using primary sources cited in the historiography, it then outlines the ideas acting within the Indigenous and Imperial land frameworks operative over Red River. It argues these ideas and frameworks remained intact during the negotiation of the Selkirk Treaty. On the basis of these frameworks, this thesis further argues that neither Lord Selkirk nor the Saulteaux negotiators intended the Selkirk Treaty to consist of a permanent alienation of Indigenous land. However, after Selkirk’s death, his agents and successors came to trust the Indenture of the Selkirk Treaty, a written and signed record of the treaty, as the only trustworthy record of the agreement. Selkirk’s agents and successors then read the Indenture as a permanent alienation of land, but this thesis argues that, on the basis of the borders specified in the Indenture, that document alone is inadequate to interpret the Selkirk Treaty. The primary purpose of this thesis is to provide a point of departure for future research into the Selkirk Treaty. At the same time, it is intended as a corrective against assuming the ideas of either Indigenous or Euro-Canadian actors about land rights in colonization zones. It is also meant to act as a caution against relying any more heavily on the Indenture of the Selkirk Treaty than scholars do on the written records of other treaties. It is further hoped that this thesis contributes to a better understanding of Red River’s Métis population in these early years by situating them within the framework of the broader Iron Alliance.

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10

Pauker, Saar. "Characterization problems in investment treaty arbitration." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609210.

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11

Sinclair, Anthony Charles. "State contracts in investment treaty arbitration." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648775.

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12

Sandford, Rosemary A. (Rosemary Anne) 1948. "Secretaries as catalysts : a comparative study of the influence of global environmental treaty secretaries on treaty implementation." Thesis, Massachusetts Institute of Technology, 1998. http://hdl.handle.net/1721.1/28197.

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13

Craft, Aimee. "Breathing Life Into the Stone Fort Treaty." Thesis, Purich Publishing, 2011. http://hdl.handle.net/1828/4528.

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This dissertation will demonstrate that, by considering Treaty One (1871) from the perspective of the Anishinabe, especially Anishinabe laws or Anishinabe inaakonigwein and normative expectations, one can obtain a better understanding of why there is a discrepancy in interpretations of the treaty. The research draws on practices of treaty making prior to Treaty One and shows that the parties relied extensively on Anishinabe protocols and procedural laws in the context of the Treaty One negotiations. In addition, kinship relationships, the obligations derived from them, and a sense of the sacred obligations involved in treaty-making, informed the agreement that was made between the parties. In particular, the kinship between a mother and child was invoked by the parties; the Crown negotiators relying on it primarily to secure good terms with the Anishinabe and the Anishinabe advocating for a commitment to ensuring a good life while respecting and preserving their autonomy. The exploration of the historical records of the negotiations and the oral history surrounding the treaty help draw out the differing and sometimes competing understandings of the treaty, many of which continue to this day, and in particular in relation to the effect of the treaty agreement on legal relationships to land. They help illuminate questions regarding the interpretation of the Treaty, including what would be necessary in order to implement it in accordance with its signatories’ understandings.
Graduate
0398, 0740

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14

Kugel, Joseph P. "NATO's Prague Capabilities Commitment : origins and prospects /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Dec%5FKugel.pdf.

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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, December 2003.
Thesis advisor(s): David S. Yost, Hans-Eberhard Peters. Includes bibliographical references. Also available online.

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15

Savasan, Zerrin. "The Eu Constitutional Treaty And Human Rights." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/12607585/index.pdf.

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The thesis seeks to answer the question whether the European Union (EU) constitutional treaty offers improved protection for human rights in the EU jurisdiction. Within this context, it first seeks to find out what the incorporation of the Charter of Fundamental Rights in the constitutional treaty promises for the human rights&rsquo
field. Furthermore, it examines how the possible accession of the EU to the European Convention on Human Rights will affect this field. Then, it focuses on what the constitutional treaty offers for third countries concerning human rights. Finally, in the light of the recent developments on the treaty, the discussion enlightens the role of the constitutional treaty on protecting and developing human rights in the EU.

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16

Pohatu, Godfrey H., and n/a. "The University, Maori Studies and Treaty praxis." University of Otago. Faculty of Education, 1999. http://adt.otago.ac.nz./public/adt-NZDU20070523.150323.

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This study is an attempt to interrogate the shared terrain of academic Maori Studies, Treaty of Waitangi praxis (where �praxis� is defined as the practical use of reason and the resonable use of practice - in contrast to purely theoretical activity) and the University system in this country. In this wide ranging �interrogation�, I will employ a dialectical method of analysis where each of the major Articles of the Treaty are assigned a particular �role� in the Thesis because it represents the central �University� or Kawanatanga Problematic; that Article 2 (Tino Rangatiratanga-Chieftainship) is the Antithesis because it represents the �Maori� contradiction or the Tino Rangatiratanga Mandate; and that Article 3 (Kotahitanga-Unity and Association) is the Synthesis because it represents Treaty Praxis� or the Kotahitanga Solution. This study (like the Treaty) has been organised into five appropriate Parts: Part A (The Preamble) provides the overture for the study, and, as such, contextualises the methodological framework and theoretical paradigms in, on and around which the rest of the study is located. Part B (The Kawanatanga Problematic) will attempt to articulate the struggle of Maori Studies in academia by problematising Kawanatanga (as is the case in most of the scholarship on this critical aspect of the Treaty). Part C (The Tino Rangatiratanga Mandate) will outline three major neglected areas of Tino Rangatiratanga in academia: such as the agency of Maori staff, students and communities; and the status of language and of knowledge taonga (treasures). Part D (The Kotahitanga Solution) will attempt to synthesise Treaty praxis within the debate by outlining and evaluating a number of Treaty principles and examples. Part E (Post-Script) will summarise the personified (signatory) aspects of the study and will also attempt to articulate a possible future for Maori Studies. It is hoped that the analytical framework employed in this study and will also attempt to articulate a possible future for Maori Studies. It is hoped that the analytical framework employed in this study will assist in clarfying (i) the nature of the struggle of a �minority-culture� subject (Maori Studies) within (ii) a �majority-culture� institution (the University), and (iii) the promise of bicultural synthesis (or Treaty praxis) as a means of mediating this struggle. It is also hoped that this thesis will be a contribution to that ongoing debate.

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17

Van, Damme Isabelle. "Treaty interpretation by the WTO Appellate Body." Thesis, University of Cambridge, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.613363.

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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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19

Alam, Undala Zafar. "Water rationality : mediating the Indus Waters Treaty." Thesis, Durham University, 1998. http://etheses.dur.ac.uk/1053/.

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Alam, Undala Z. "Water rationality mediating the Indus Waters treaty." Boston Spa, United Kindom : British Library Document Supply Centre, 1998. http://ethos.bl.uk/OrderDetails.do?did=1&uin=uk.bl.ethos.264725.

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21

Švejda, Miroslav. "NATO's global role to what extent will NATO pursue a global orientation? /." View thesis, 2004. http://bosun.nps.edu/uhtbin/hyperion.exe/04Mar%5FSvejda.pdf.

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22

Sandhu, Erica. "Completing the norm life cycle : the post-treaty involvement of NGOs in the Mine Ban Treaty and Chemical Weapons Convention." Thesis, University of British Columbia, 2014. http://hdl.handle.net/2429/50244.

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The purpose of this study is to examine the role of non-governmental organizations (NGOs) in the post-treaty stage, specifically, how these organizations contribute to the development of a norm. This paper challenges previous literature which has contended that the role of NGOs is limited to the earliest stages of norm development. It focuses on two case studies. First, the Mine Ban Treaty and International Coalition to Ban Landmines show that NGOs not only act as norm entrepreneurs but expand their role in the post-treaty stage, furthering the norm cascade and contributing to norm internalization. Second, the Chemical Weapons Convention and Chemical Weapons Convention Coalition show that NGOs may be absent during the emergence of a norm, yet can form late into the post-treaty stage and still play a role in contributing to the later stages of a norm’s development. Throughout, this paper highlights the importance of NGOs in international agreements.
Arts, Faculty of
Political Science, Department of
Graduate

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23

Enea, Catalin. "Treaty shopping : En analys av OECDs föreslagna åtgärder i Action 6, särskilt med beaktande av existerande rättsmedel mot treaty shopping." Thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-277112.

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För att skydda stater mot treaty shopping och annat missbruk av skatteavtal, har OECD utarbetat förslag till en rad åtgärder som begränsar rätten till skatteavtalets förmåner. De viktigaste åtgärderna som föreslås är en LOB-regel, en PPT-regel samt ändringar i skatteavtalets titel och preambel som anger att skatteavtalets syfte är att hindra skatteflykt. Alla länder är överens om att vidta minst någon eller några av dessa åtgärder dvs. ändringarna i skatteavtalets titel och preambel samt antingen 1) PPT-regeln och LOB-regeln eller 2) bara PPT-regeln eller 3) bara LOB-regeln. I skrivande stund arbetar Finansdepartementet för att avgöra vilka av dessa åtgärder Sverige bör implementera. Av analysen i denna uppsats framgår det att både LOB-regeln och PPT-regeln i sina nuvarande former riskerar att brista i kraven på förutsebarhet och rättssäkerhet. Med andra ord blir det svårt för skattebetalaren att förstå villkoren i dessa regler som berättigar till skatteavtalsförmåner. LOB-regeln innehåller till stor del objektiva kriterier som skulle kunna främja förutsebarheten men regelns komplexitet, omfattning och till viss del brist på riktlinjer vad gäller tolkning och tillämpning av vissa rekvisit påverkar förutsebarheten negativt. Det kan konstateras att vissa kriterier i LOB-regeln är för restriktiva och det uppstår en risk för att skattebetalaren vägras rätten till skatteavtalets förmåner även i de situationer när denne varit i god tro och inte haft för avsikt att bedriva treaty shopping eller på annat sätt missbruka skatteavtalet.Till skillnad från LOB-regeln som innehåller en uppräkning av objektiva kriterier, är PPT-regeln en generalklausul mot skatteflykt. PPT-regeln är därför allmänt utformad och har ett brett tillämpningsområde som avser att täcka alla skatteflyktssituationer som inte kunnat förutses av lagstiftaren. I likhet med många andra generalklausuler har PPT-regeln en mer subjektiv karaktär och är vag i vissa delar vilket drabbar rättssäkerheten och förutsebarheten. Slutsatsen är att, för att motverka treaty shopping, skulle det räcka med att tydligt ange i skatteavtalet ett syfte att motverka skatteflykt och skatteundandragande. PPT-regeln är också en lämplig åtgärd mot treaty shopping under förutsättning att vissa rekvisit förtydligas och mer vägledning ges om vilka situationer som regeln avser att träffa. Detta behövs i syfte att förbättra rättssäkerheten och förutsebarheten och motverka eventuellt godtycke och missbruk. I annat fall kan ett osäkert rättsläge skapa en risk för dubbelbeskattning som kan drabba internationell handel och tillväxt. Det kan däremot vara svårt att precisera de omständigheter som ska beaktas vid en prövning enligt PPT-regeln och samtidigt behålla regelns karaktär av generalklausul.

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Supapa, Rattapong. "The protection of upstream energy contracts under investment treaty arbitration : a study of the interaction between contract and treaty instruments." Thesis, University of Aberdeen, 2014. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=225686.

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This thesis analyses how and to what extent the contractual and treaty instruments interact in protecting upstream energy contracts against political interference by the host state. The study considers whether the interaction between the upstream contracts and international investment treaties provide effective protection for the upstream investors and whether the interaction between them prevents the host state from exercising its regulatory rights. By examining both jurisdictional and substantive aspects of the interaction between these two instruments, the study found that political risks in the upstream industry are not effectively mitigated and managed. The study therefore calls for a higher degree of interaction between these two instruments. This can be achieved by drafting the relevant upstream contracts and investment treaties in a more interactive manner so that they would together provide maximum protection for the upstream investors.

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25

Saranchuk, Andrew. "Aboriginal and treaty rights : collective or individual rights? /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/mq25728.pdf.

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26

Quast, David John. "ANZUS treaty : Australia's regional military and political presence /." Title page, contents and introduction only, 2001. http://web4.library.adelaide.edu.au/theses/09AR/09arq16.pdf.

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27

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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Nam, Chanhyun. "Beijing and the 1961 PRC-DPRK security treaty." Thesis, Monterey, California. Naval Postgraduate School, 2010. http://hdl.handle.net/10945/5096.

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Approved for public release; distribution is unlimited
This thesis addresses the continuation of PRC-North Korean alliance even though significant changes have emerged in international security environment. Numerous studies have focused on the decreased strategic value of North Korea with respect to Chinese national interests, but Pyongyang still serves as stepping stone for China to expand its leverage. China's national objectives of maintaining its leverage in Northeast Asia indicates that Beijing will maintain the 1961 alliance to assure its security interests. By examining the formation of PRC-DPRK alliance, this thesis assesses the characteristics of their alliance and analyzes the evolution in Beijing's approach to Pyongyang by explaining how transitions in the security environment have affected their alliance. This thesis concludes that, for China, the rationale for maintaining the PRC-DPRK alliance is to guarantee China's national interests, not to sustain its traditional "sealed in blood" relationship.

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29

Ishikawa, T. "On the 'sustainable' interpretation of investment treaty provisions." Thesis, University College London (University of London), 2011. http://discovery.ucl.ac.uk/1322704/.

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The tension between the law on foreign investment and environmental concerns of host states has been increasingly recognised. There are circumstances where a host state's environmental measures result in the restriction of foreign investors' interests and a dispute between the affected investor and the host state reaches investment treaty arbitration. In such 'environment-investment' conflicts, there has been a tendency among arbitral tribunals to prioritise investors' interests over environmental concerns of host states. This thesis proposes a way to redress the existing Imbalance between the protection of foreign investment and environmental protection in investment treaty arbitration. It proposes 'interpretative linkage', that is. linking certain international environmental norms to investment treaties through the interpretation of investment protection provisions, as a means to seek a balance between them. This thesis focuses on the precautionary principle, the polluter pays principle and the principle of sustainable development as the former, and provisions on expropriation and the fair and equitable standard of treatment as the latter. This thesis first establishes the theoretical bases for interpretative linkage by examining: (i) the openness of the investment treaty arbitration regime towards 'external' international norms; (ii) the legal status of the three environmental principles and ways by which these principles may influence treaty interpretation; and (iii) certain interpretative rules that promote interpretative linkage. It then examines how expropriation provisions and the fair and equitable standard of treatment should be interpreted in the light of the three environmental principles where bona fide environmental measures are concerned. The central argument is that these principles, if used in the proper context in interpretative linkage, can be potent tools for achieving a shift towards greener interpretation and therefore contribute to more environmentally sensitive outcomes.

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30

Seymour, Sezaneh Momeni. "What Factors are Associated with Multilateral Environmental Agreement Noncompliance, and can Agreement Provisions be Designed to Mitigate them?" Diss., Virginia Tech, 2020. http://hdl.handle.net/10919/104987.

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This research contributes to gaps in the international relations and international law literature on compliance by engaging practitioners with multilateral environmental agreement (MEA) expertise to answer two questions: 1) what factors are associated with MEA noncompliance; and 2) is there a relationship between the design of MEA provisions and compliance with those provisions. Practitioners overwhelmingly associate MEA noncompliance with insufficient domestic interagency consultation early in the lifecycle of a multilateral environmental agreement, particularly during its negotiation. The interagency consultative process is the mechanism by which a state identifies the nature of its relevant domestic environmental challenges and the availability of its institutional, financial, and technical resources to address them. Absent a robust process, state delegated representatives engage in negotiating obligations on behalf of their states without a full understanding of the domestic context. Consequently, they may inadvertently negotiate obligations that are impractical or otherwise inconsistent with domestic realities. Under these circumstances, a state may subsequently set itself on a trajectory of noncompliance when ratifying the agreement. Three noncompliance cases under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal are consistent with this finding. The design of treaty provisions might serve to mitigate some factors associated with MEA noncompliance. Practitioners observe a relationship between the design of treaty provisions and compliance with those provisions. When presented with two different legal design options, practitioners overwhelmingly expressed a preference for obligations of outcome over obligations of action. Preserving state flexibility to determine how to implement obligations may mitigate noncompliance associated with insufficient domestic consultation early in the lifecycle of an MEA, but more research is necessary to draw the conclusion that one legal design produces better compliance results over another.
Doctor of Philosophy
States actively negotiate multilateral environmental agreements (MEA) to address transboundary environmental challenges. When states fail to comply with their obligations under these agreements, the international community's collective environmental goals are compromised. This research contributes to the literature on compliance by exploring two questions: 1) what factors are associated with MEA noncompliance; and 2) is there a relationship between the design of MEA provisions and compliance with those provisions. MEA noncompliance is overwhelmingly associated with states' poor preparation to engage in the negotiation and implementation of multilateral environmental agreements. Poor preparation is the result of insufficient domestic interagency consultation, which is the process by which a state identifies the nature of its relevant domestic environmental challenges and its ability to address them. The design of MEA provisions might serve to mitigate some factors associated with noncompliance, particularly if that design gives states the flexibility to later determine how or which domestic measures to take in order to meet the relevant outcome contained in their MEA obligations. However, more research is needed to draw the conclusion that one legal design is better than another.

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31

Forster, Anthony. "Empowerment and constraint : Britain and the negotiation of the Treaty on European Union." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.339780.

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32

de, Wet Mary-Ann. "Seeking deviations from South Africaﾒs tax treaty policy with respect to treaties in Africa: evidence from the treaty practice." Master's thesis, Faculty of Commerce, 2019. http://hdl.handle.net/11427/31168.

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Since South Africa was welcomed back into the international arena in 1994, there has been a significant increase in the number of tax treaties concluded between South Africa and other Sub-Saharan Africa countries, as part of South Africa’s goal to expand into Sub-Saharan Africa (SSA). The purpose of this dissertation is to determine whether these treaties concluded between South Africa and SSA countries have been influenced by South Africa’s stated tax treaty policy, or have been guided by regional practices or to confirm whether South Africa’s tax treaty practices have influenced any regional models. This dissertation includes a detailed analysis of 18 tax treaties concluded between South Africa and other SSA countries. This analysis is used to identify any significant deviations in these treaties as compared to the OECD Model and the UN Model. The SSA region has several economic organisations that have developed tax models to cater for treaty negotiations of developing countries. These models include the African Tax Administration Forum (ATAF) Model, the Southern Africa Development Community (SADC) Model and the East African Community (EAC) tax agreement. The study observes that South Africa’s tax treaty practise generally follows the OECD Model, but also incorporates certain provisions of the UN Model. The analysis of the 18 treaties as compared to the OECD Model identified 31 significant deviations to the OECD Model, and of these deviations, 22 (71%) align to the provisions of the UN Model. These significant deviations were analysed to determine if they arose from South Africa’s stated positions on the OECD Model, influenced by South Africa’s domestic laws, or arose at the insistence of the other Contracting State, or from other factors. v The findings suggest that of the 31 deviations, the majority (80%) arise out of South Africa’s positions on the OECD Model and from its domestic laws. Further analysis was conducted to determine if these significant deviations were contained in the SSA regional tax models. The findings indicate that the SADC Model has the highest correlation as it includes 87% of these deviations, followed by ATAF (77%) and EAC (71%). An additional analysis, by country per regional body, was conducted on the deviations arising from South Africa’s treaty practices. This analysis indicates that 80% of South Africa’s treaty practices occur in the ATAF Model, 84% in the SADC Model, and 72% in the EAC Model. This analysis found that, on average, 82% of treaties concluded with ATAF member countries, 81% of SADC member countries and 89% of EAC member countries aligned to South Africa’s treaty practices. The high correlation to the SADC and ATAF Models indicates that South Africa’s tax treaty practices have influenced the development of these regional models, and the high correlation between the treaties for each country and region, suggests that the majority of the treaties have been significantly influenced by South Africa’s tax treaty practices. Thus, the conclusion is that the majority of the significant deviations found in South African treaties concluded with Sub-Saharan African countries arise from the South African tax treaty practices which are generally based on the OECD model, with the inclusion of certain provisions of the UN Model. These deviations align with South Africa’s position to the OECD Model and its domestic laws, which form the South African treaty practices. It is concluded that these treaty practices have significantly guided the SSA treaties and suggests that these treaty practices have influenced the Sub-Saharan African ATAF and SADC Models.

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33

Keenan, Joseph M. "Overcoming the ABM Treaty : paths to National Missile Defense." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1998. http://handle.dtic.mil/100.2/ADA354663.

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Thesis (M.A. in National Security Affairs) Naval Postgraduate School, June 1998.
"June 1998." Thesis advisor(s): James J. Wirtz. Includes bibliographical references (p. 155-165). Also available online.

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Champlin, Daniel. "The Lisbon Treaty and Parliaments : Status, Democracy, and Opinions." Thesis, Stockholm University, Department of Political Science, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-41383.

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35

Nentwich, Michael, and Gerda Falkner. "The Treaty of Amsterdam: Towards a New Institutional Balance." Forschungsinstitut für Europafragen, WU Vienna University of Economics and Business, 1997. http://epub.wu.ac.at/3589/1/IEF_WP_28.pdf.

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36

Weaver, Mark Douglas. "American mediation and the Japan-South Korea normalization treaty." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ30043.pdf.

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37

Cragg, Diane Elizabeth. "Resource conflict in the First Nations post-treaty environment." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ62011.pdf.

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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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Cruceru, Luiza Brindusa. "Treaty shopping and the abuse of income tax conventions." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83949.

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This study proposes to analyze the phenomenon of tax treaty abuse and the use of tax treaties as tools to avoid or minimize the taxation by residents doing business in a foreign jurisdiction. This study analyses a particular strategy using tax treaties known as "treaty shopping." This paper will argue that treaty shopping constitutes an abuse of the tax treaty regime. However, this study rejects the traditional arguments against treaty shopping and proposes a different basis to challenge the legitimacy of this practice and to explain why this strategy constitutes an improper use of tax treaties.

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40

Hoffman, Lars. "Does process matter? : treaty reform in the European Union." Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.508413.

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Crawford, Alan. "Imperial Russia and the Chinese treaty ports, 1890s-1917." Thesis, University of Bristol, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.650106.

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Between 1896 and 1917 the Russian Empire controlled two small territories, known as concessions, in the Chinese treaty ports of Hankou and Tianjin. Imperialism in the treaty ports was a multinational phenomenon: the Russian concessions existed alongside those of several other empires, simultaneously competing and cooperating as they sought to further their own political and economic aims while maintaining a united front against their unwilling hosts. This thesis explores the origins and development of these little-known outposts of Russian empire, positing that they cannot be understood without reference to contemporary debates about the nature of Russia and its ambiguous intellectual relationship with Europe. Drawing on diplomatic correspondence, administrative records of the concessions and a range of contemporary Russian writing about the treaty ports, the thesis argues that abstract concepts of identity shaped day-to-day policymaking in the concessions by means of a process of constant comparison between Russia and other empires .

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42

Fodor, Neil. "The Warsaw Treaty Organisation : a political and organisational analysis." Thesis, University of Glasgow, 1987. http://theses.gla.ac.uk/4359/.

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This thesis describes the political-military alliance of the Warsaw Treaty Organisation (WTO) from its origins and founding in 1955 to its 30th Anniversary in 1985, and after. In showing how the WTO has developed and operated, its practical application in the fields of joint foreign policy and military affairs is described and discussed. In the light of this analysis, the WTO is placed in its context within the socialist community. The origins of the WTO are shown to be part of a general trend towards closer co-operation between the European socialist countries. The states were formally brought together as a public response to the London and Paris Agreements of 1954, which officially rearmed the Federal Republic of Germany and incorporated it into the Western military alliance system and NATO. The structural development is described and analysed, showing the practice of the official structure largely to be a response to existing ad hoc arrangements. The limitations placed on the Organisation's political and military roles are explained, detailing how the WTO is formally restrained from operating as an efficient or effective multilateral co-ordinating body. Where it does operate, the WTO is shown principally to be a political organisation. The documentary history of the WTO is analysed, to show how the structure works in practice. Particular stress is placed on the role of the WTO in carrying out its claimed purpose of co-ordinating the foreign policies of the members. The conclusion is suggested that the WTO at most co-ordinates the `basic principles' rather than the diplomatic practice of its members' foreign policies. The participating states are shown not to be significantly bound by the WTO in the practice of their national foreign policies, though they are bound by bilateral factors external to the structure of the Warsaw Treaty. The 30th Anniversary of the signing of the WTO, potentially a historic landmark, is shown to have passed with very little pomp or celebration. The treatment of the Anniversary in the Soviet Union and amongst its allies was low-key. The issues covered by the Anniversary speeches and articles are described, and are analysed both for what they said about the WTO, its origins, practice, ansd significance, and for what was not said or done. Changes are analysed that have taken place under the new Soviet leadership of Mikhail Gorbachev, whose accession occurred just before the signing of the Protocol extending the Treaty. The 30th Anniversary soon followed. Structural changes were hinted at but never took place, though the documents issued by the existing bodies have become much more open in their description of the discussions and disagreements that took place. These events, coinciding with other changes in Soviet internal and externalpolicies, were shown to be part of an apparent attempt by the Soviet authorities to consult and co-ordinate its actions with its allies, or at least to appear to be doing so. It is also shown where past practices, such as unilateral Soviet moves on foreign policy and arms control, have not changed. The conclusion is that the real significance of the WTO is ideological, serving to give the impression of unity. The Warsaw Treaty Organisation is just another means in the many forms of alliance indicating, and used to justify, the `socialist community'. Other forms of alliance, both political and military, take precedence over the WTO in all its functions. These are principally bilateral, rather than multilateral, forms, and in many cases they are party, rather than state, forms of alliance. Research into the WTO has not been fruitless, but has proved to be the study of issues other than the foreign or defence policies of a multilateral alliance.

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43

MacGahan, Christopher, and Christopher MacGahan. "Mathematical Methods for Enhanced Information Security in Treaty Verification." Diss., The University of Arizona, 2016. http://hdl.handle.net/10150/621280.

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Mathematical methods have been developed to perform arms-control-treaty verification tasks for enhanced information security. The purpose of these methods is to verify and classify inspected items while shielding the monitoring party from confidential aspects of the objects that the host country does not wish to reveal. Advanced medical-imaging methods used for detection and classification tasks have been adapted for list-mode processing, useful for discriminating projection data without aggregating sensitive information. These models make decisions off of varying amounts of stored information, and their task performance scales with that information. Development has focused on the Bayesian ideal observer, which assumes com- plete probabilistic knowledge of the detector data, and Hotelling observer, which assumes a multivariate Gaussian distribution on the detector data. The models can effectively discriminate sources in the presence of nuisance parameters. The chan- nelized Hotelling observer has proven particularly useful in that quality performance can be achieved while reducing the size of the projection data set. The inclusion of additional penalty terms into the channelizing-matrix optimization offers a great benefit for treaty-verification tasks. Penalty terms can be used to generate non- sensitive channels or to penalize the model's ability to discriminate objects based on confidential information. The end result is a mathematical model that could be shared openly with the monitor. Similarly, observers based on the likelihood probabilities have been developed to perform null-hypothesis tasks. To test these models, neutron and gamma-ray data was simulated with the GEANT4 toolkit. Tasks were performed on various uranium and plutonium in- spection objects. A fast-neutron coded-aperture detector was simulated to image the particles.

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Stehlík, V. "EU human rights protection under the Treaty of Lisbon." Thesis, Ukrainian Academy of Banking of the National Bank of Ukraine, 2009. http://essuir.sumdu.edu.ua/handle/123456789/60647.

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The aim of my paper is to show the recent proposed changes of human rights protection in the EU based on the Treaty of Lisbon (further referred as “TL”). The TL is the last reform of the EU primary law and its ratification process in all EU Member States has been finalised in November 2009. The paper will focus both on the outline of the present state of human rights protection in the EU from the historical perspective and changes brought by the TL.

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45

Klima, Kenneth T. "Interpretations of Article 5 of the North Atlantic Treaty, 1949-2002." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2002. http://sirsi.nps.navy.mil/uhtbin/hyperion-image/02Mar%5FKlima.pdf.

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46

Bianchet, Lara. "Treaty Modification by Subsequent Practice : Analysis of the present legal framework, the expansive potential and the consequences of treaty modification by subsequent practice." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-65713.

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47

Adaralegbe, Adebayo Gregory. "Concurrent Jurisdiction between Treaty and Domestic Tribunals : An Examination of Jurisdiction-Regulating Mechanisms within the Investor-State Treaty Arbitration System and their Effectiveness." Thesis, University of Dundee, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.521693.

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48

Peić, Goran. "Effectiveness of joint interventionary response in international conflict resolution." Click here for download, 2006. http://wwwlib.umi.com/cr/villanova/fullcit?p1432524.

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Havrilak, George T. "The Future of Telemetry as a Cooperative Measure in Arms Control." International Foundation for Telemetering, 1995. http://hdl.handle.net/10150/611492.

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International Telemetering Conference Proceedings / October 30-November 02, 1995 / Riviera Hotel, Las Vegas, Nevada
This paper suggests possible applications of telemetry as a cooperative measure in potential, future arms control agreements related to missiles and space launch vehicles (i.e., an agreement leading to clarification of the ABM Treaty for theater missile defense, and a notional regional or global ban on ground-launched, theater-range missiles). The opportunities for telemetry as a cooperative measure in future international arms control agreements should certainly grow, as confidence and appreciation in its utility are realized from the on-going ballistic missile telemetry exchanges between the US and Russia in START implementation.

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50

Newton, Nicole Shirlene. "The cohesion of alliances case study: North Atlantic Treaty Organization /." Click here for download, 2006. http://wwwlib.umi.com/cr/villanova/fullcit?p1434392.

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Dissertations / Theses on the topic 'Treaty'

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