Tesis sobre el tema "Missing persons (International law)"
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Lengua, Parra Adrián y Ana Paula Mendoza. "A pending issue that does not disappear: the need to implement a policy of search of missing persons parting from the establishment of a central agency in the Peruvian State". THĒMIS-Revista de Derecho, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/109008.
Texto completoProducto de la violencia armada y de las vulneraciones a los derechos humanos cometidas en las décadas de los ochenta y noventa, el Estado peruano inició un proceso de justicia transicional con la finalidad de resarcir a las víctimas y reconciliar a una sociedad fragmentada. A pesar de ello, aún se mantienen pendientes en esta materia, como la búsqueda de las personas desaparecidas.El presente artículo ahondará en la importancia de una política de búsqueda de personas desaparecidas a la luz de las obligaciones internacionales en materia de derechos humanos del Estado peruano, y analizará las falencias de sus acciones de judicialización para cumplir esta tarea. Se sustentará la necesidad de un organismo centralizado que se encargue de esta función, y se presentará una propuesta normativa para su implementación en nuestro ordenamiento.
Altaer, Ahmad Shaban Ali Saif. "The WTO and developing countries : the missing link of international distributive justice". Thesis, University of Portsmouth, 2010. https://researchportal.port.ac.uk/portal/en/theses/the-wto-and-developing-countries(8c96a694-061c-4fe6-946a-9e331c9495ea).html.
Texto completoVivekananthan, Niranjini. "The international legal protection of persons internally displaced by internal armed conflict". Thesis, University of Hull, 2006. http://hydra.hull.ac.uk/resources/hull:5643.
Texto completoSikka, Annuradha. "Trafficking in Persons in Canada: Looking for a "Victim"". Thesis, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31786.
Texto completoNijman, Janne Elisabeth. "The concept of international legal personality : an inquiry into the history and theory of international law /". The Hague : T.M.C. Asser Press, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/484567152.pdf.
Texto completoBjoerkan, Maren. "International displacement and state compliance with international human rights standards: the current protection of internally displaced persons' right to physical security in Nigeria". Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28030.
Texto completoHurst, Lauren. "The protection and assistance of internally displaced persons and the creation of customary international law". Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/28258.
Texto completoNí, Ghráinne Bríd Áine. "Challenges in the relationship between the protection of internally displaced persons and international refugee law". Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:5535d05d-aa56-477c-8553-33316d297e0d.
Texto completoAl-Zoubi, Muath Yahia Yosef. "An analysis of the crime of trafficking in persons under international law with a special focus on Jordanian legislation". Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/12138.
Texto completoChapdelaine, Feliciati Clara. "The status of the girl child under international law : a semioethic analysis". Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:811e3c7a-40a8-4d1f-a790-7842eb1b8d0c.
Texto completoIakobishvili, Ekaterine. "Exploring the applicability and limitations of international human rights law to the protection of transgender persons : a case study on detention". Thesis, University of Essex, 2018. http://repository.essex.ac.uk/21964/.
Texto completoBeukes, Marvan. "Thin capitalisation in South Africa, including a critical analysis of the Draft Interpretation Note on the determination of the taxable income of certain persons from international transactions". Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/18623.
Texto completoPhatoomros, Cataleya. "The protection of cross-border displaced persons in international law : the case of Thailand's legal obligations to those displaced from Burma". Thesis, University of Essex, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.400964.
Texto completoIngendae, Michaela. "Auslegung von Einheitsrecht am Beispiel internationaler Kindesentführungen : die Rechtspraxis des HKÜ in Deutschland und Australien /". Hamburg Kovač, 2006. http://www.verlagdrkovac.de/3-8300-2513-0.htm.
Texto completoMcLaughlin, Jeanne M. "An evaluation of Oregon's system of identifying unidentified human remains and using technology to improve the efficiency of law enforcement and the medical examiner in identifying human remains /". Connect to title online (ProQuest), 2009. http://proquest.umi.com/pqdweb?did=1905728431&sid=1&Fmt=2&clientId=11238&RQT=309&VName=PQD.
Texto completoQuesnel, Meléndez Carlos. "The Right to return and repatriation in international law, with a special reference to refugees and displaced persons in Mexico and Central America /". Genève : Institut universitaire de hautes études internationales, 1990. http://catalogue.bnf.fr/ark:/12148/cb36207049k.
Texto completoAchan-Okitia, Patricia. "The internal displacement crisis in Africa : implementation of national and international law on the child marriage phenomenon in Uganda". Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5276.
Texto completoMini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law of the University of Pretoria, in partial fulfilment of the requirements for the degree of Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Lana Baydas at the Department of Law, American University in Cairo, Egypt. 29 October 2007
www.chr.up.ac.za
Centre for Human Rights
LLM
Chilemba, Enoch MacDonnell. "The national implementation of international human rights law pertaining to children with disabilities in selected jurisdictions in Africa". Thesis, University of Western Cape, 2014. http://hdl.handle.net/11394/3775.
Texto completoThis thesis considers two jurisdictions, namely Malawi and South Africa, and attributes the problem to the lack of appropriate national implementation of the applicable human rights law by these states. Consequently, the study is based on the underlying assumption that one of the main ways of addressing this problem is for African states to undertake measures that comply with international standards for ensuring the appropriate national implementation of the applicable international human rights law.
Ristic, Danijel. "Victims' access and compensation before international criminal courts /". Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2142.
Texto completoMentor, Nigel M. "Transformative provisions of the Convention on the Rights of Persons with Disabilities : International Labour Organisation conventions and South African law relating to an employee with an acquired disability returning to work". Universityof the Western Cape, 2015. http://hdl.handle.net/11394/5353.
Texto completoVant, Megan. "In Legal Limbo? The status and rights of detainees from the 2001 war in Afghanistan". The University of Waikato, 2007. http://hdl.handle.net/10289/2448.
Texto completoRass-Masson, Lukas. "Les fondements du droit international privé européen de la famille". Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020061/document.
Texto completoEuropean families are nowadays an undeniable reality. This reality is taken into account through the emergence of a genuine European private international family law, understood as the set of rules of conflict of jurisdictions and conflict of laws provided by the European Union to apply to European family relationships. Given the novelty of the subject and the uncertainty of its constituent concepts, it is necessary to analyse the foundations of European private international family law, in order to be able to better understand it and to enhance its operation. The study ofthese foundations reveals the need to develop a European private international family law thatmobilizes all methods of private international law, effectively articulating them around the centralrole of the rule of conflict of laws, the real cornerstone of the system. The European Union is currently far from realising such a comprehensive and coherent system. Nonetheless it would be possible to overcome the failure of the current situation through the development of a European private international family law that effectively organises the plurality of national family rights,while ensuring the effectiveness of family duties. The European private international law should therefore incorporate the need to respect the national legal systems and effectively implement this respect through the elaboration of a system of private international law that is conceived around a rule of conflict of laws designed to take account of the inevitable national dimension of family law. The European Union, while offering a private international law respectful of the concept of a “plurieluniversel”, could hence (re-)discover the identity of the pluralistic unity in diversity. Thus, it could gradually let emerge the identity of a genuine European citizen, identifying herself and himself withthe diversity of national laws and the harmonious coordination of this diversity, not only in order to protect the fact that each national family law is the result of a democratic process in which citizens directly concerned can actively participate, but especially in order to guarantee that each Member State can continue to defend its national core values in the context of European federalism
Haan, Verena. "Joint Criminal Enterprise : die Entwicklung einer mittäterschaftlichen Zurechnungsfigur im Völkerstrafrecht /". Berlin : Duncker & Humblot, 2008. http://d-nb.info/989771830/04.
Texto completoHatcher, Robert. "Schoolyard Politics: Ethics and Language at the International Criminal Tribunal for the Former Yugoslavia". Thesis, University of North Texas, 2010. https://digital.library.unt.edu/ark:/67531/metadc33161/.
Texto completoДеревянко, Богдан Володимирович, Bogdan Derevyanko, Ірина Торяник y Iryna Toryanyk. "Особливості доказування у судах України". Thesis, Донецький юридичний інститут МВС України, 2017. http://dspace.puet.edu.ua/handle/123456789/6652.
Texto completoДеревянко, Богдан Володимирович, Богдан Владимирович Деревянко, Bohdan Volodymyrovych Derevianko y І. В. Торяник. "Особливості доказування у судах України". Thesis, Донецький юридичний інститут МВС України, 2017. http://essuir.sumdu.edu.ua/handle/123456789/53175.
Texto completoВ своей деятельности суды разных стран применяют нормы международного права, а также сравнительное правоведение, оценивая процессуальные результаты действий другого государства. А для усовершенствования украинского законодательства в сфере доказывания можно предложить расширить перечень средств доказывания путем его дополнения именно показаниями свидетелей, а также уточнением формулировки такого средства доказывания, как объяснения лиц, участвующих в деле.
The work of the courts in different countries apply international law and comparative law, assessing the results of procedural actions of another state. For improvement of Ukrainian legislation can offer proof to expand the list of evidence by supplementing it just witnesses and clarifying wording of evidence such as explanations of persons involved in the case.
Pons, Ràfols Xavier. "El estatuto jurídico de los expertos y de las personas que tienen relaciones oficiales con la Organización de las Naciones Unidas". Doctoral thesis, Universitat de Barcelona, 1993. http://hdl.handle.net/10803/666065.
Texto completoPoumo, leumbe Jean-Jacques parfait. "Les déplacés environnementaux : problématique de la recherche d’un statut juridique en droit international". Thesis, Limoges, 2015. http://www.theses.fr/2015LIMO0066/document.
Texto completoToday, environmentally displaced persons are becoming more numerous. Their legal status poses several problems at international level. The notion of sovereignty faces to that of obligation to protect; assistance by international community after environmental disasters is becoming the standard. A diagnosis of current international situation, especially in the protection of refugees and in environment law, clearly shows the existing of legal vacuum. The creation of a new legal international instrument for protection of these environmentally displaced persons could be the solution if the social, economic, political and even ideological barriers did not exist. This thesis analyzes the concept of environmentally displaced persons through the problem posed by the research of their legal status in international law. We analyze with legal prospective method, proposed solutions presented by some academics which opens serious reflections for an effective instrument of protection
Mojak, Karolina. "L'avenir du critère de la nationalité en droit international privé". Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB191.
Texto completoThe decline of the nationality in private international law is nowadays an undeniable reality. The impact of an almost unconditional mobility of European citizens and the emergence of other connecting factors in the personal law result in the weakening of the nationality link, despite its historical role in determining the law applied to an individual. The weakening is confirmed by the modern European legislation and case law. This study seems essential to understand the foundations of nationality as the connecting factor and takes into account the important changes of the nationality and its uncertainty. Indeed, the evolution of the European private international law led to the switch of the connecting factor from nationality toward territorial nexuses. Particular significance is put on the nexus of habitual residence, which is considered to be more efficient and less discriminatory, and is retained by the main European regulations and judgments, not only in case of international divorces or parental authority, but also according to such matters as legal capacity. Furthermore, the superiority of human rights appears to be the essential reason for the acknowledgement of individuals as the quasi-subjects of international law, which resulted in the decline of nationality as a connecting factor. Consequently, the principles of non-discrimination and personal autonomy impact the further fields of personal law, e.g. disunion and heritage. In the light of these new paradigms, it should be questioned if it is possible to overcome the decadence of the nationality and authorize its part in some matters of the European private international law, as it was regulated in the new heritage European regulation. For these reasons, this study propose a methodology that determines the reasons of the fall of nationality as the nexus of the private international law, both in the conflict of laws and in the conflict of jurisdictions, and provides some reflections on its irreversibility
Moore, Allan Thomas. "Reform of contempt of court in facie curiae in Scotland. The necessity for an overhaul of the law, with reference to current deficiencies, inconsistencies, international comparisons, and the effects of courtroom behaviour and environment on persons present in court". Thesis, University of the West of Scotland, 2016. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.742414.
Texto completoSåma, Kader. "A New Era of Terror : An Investigation of Non-International Armed Conflict and the Islamic State’s Transnational Crusade for World Domination". Thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-272513.
Texto completoLegendre, Rebecca. "Droits fondamentaux et droit international privé : Réflexion en matière personnelle et familiale". Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020074.
Texto completoFundamental rights put private international law to the test. First, the context in which private international law operates has evolved. Fundamental rights have created a better, closer, intertwining of the separate state legal orders and have achieved a higher protection for the persons as they experience international mobility. If this evolution does not threaten, as such, the existence of private international law, it must be acknowledged that fundamental rights modify its analysis. Whereas the conflicts between legal orders are transformed into conflicts between values, the hierarchy of interests protected by private international law is replaced by a balancing of these interests. The solutions of private international law are thus disrupted by the enforcement of fundamental rights through litigation. Proportionality is at the source of this disruption. Being a case by case technique of enforcement of fundamental rights, the influence of the proportionality test on private international is uneven. If the proportionality test is found to be overall indifferent to the methods of private international law, its main impact is on the solutions of PIL. The European courts are indeed prone to favour the continuity in the legal situations of the persons, over the defence of the internal cohesion of the state legal orders. As a consequence, private international law is invited to reach liberal solutions. The enforcement of fundamental rights through litigation must hence be clarified so as to maintain a mesure of authority and predictability of the solutions of the rules of conflict of laws, international jurisdiction and recognition of foreign judgements. It is, on the one hand, by methodologically dissociating the enforcement of fundamental rights from the public policy exception and, on the other hand, through an amendment to the proportionality test, that the balance of private international may hopefully be restored
Williams, Meagan Meernik James David. "Judicial creativity or justice being served ? a look at the use of joint criminal enterprise in the ICTY prosecution /". [Denton, Tex.] : University of North Texas, 2008. http://digital.library.unt.edu/permalink/meta-dc-9721.
Texto completoLegendre, Rebecca. "Droits fondamentaux et droit international privé : Réflexion en matière personnelle et familiale". Electronic Thesis or Diss., Paris 2, 2018. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247201181.
Texto completoFundamental rights put private international law to the test. First, the context in which private international law operates has evolved. Fundamental rights have created a better, closer, intertwining of the separate state legal orders and have achieved a higher protection for the persons as they experience international mobility. If this evolution does not threaten, as such, the existence of private international law, it must be acknowledged that fundamental rights modify its analysis. Whereas the conflicts between legal orders are transformed into conflicts between values, the hierarchy of interests protected by private international law is replaced by a balancing of these interests. The solutions of private international law are thus disrupted by the enforcement of fundamental rights through litigation. Proportionality is at the source of this disruption. Being a case by case technique of enforcement of fundamental rights, the influence of the proportionality test on private international is uneven. If the proportionality test is found to be overall indifferent to the methods of private international law, its main impact is on the solutions of PIL. The European courts are indeed prone to favour the continuity in the legal situations of the persons, over the defence of the internal cohesion of the state legal orders. As a consequence, private international law is invited to reach liberal solutions. The enforcement of fundamental rights through litigation must hence be clarified so as to maintain a mesure of authority and predictability of the solutions of the rules of conflict of laws, international jurisdiction and recognition of foreign judgements. It is, on the one hand, by methodologically dissociating the enforcement of fundamental rights from the public policy exception and, on the other hand, through an amendment to the proportionality test, that the balance of private international may hopefully be restored
García, García Ángel. "Otra mirada sobre Yugoslavia. Memoria e historia de la participación de las fuerzas armadas españolas en Bosnia - Herzegovina". Doctoral thesis, Universidad de Murcia, 2004. http://hdl.handle.net/10803/10889.
Texto completoThe study of the spanish intervention in the former Yugoslavian Republic is based in two main subjects: The analysis of legal and institucional mechanism of international organizations and the lived experience of the main figures of these peace missions. Therefore, the thesis is articulated in a trilateral way: Legal history, Social History of thought and the lived experience. The original sources join international declarations, personal evidence and the detailed analysis of the social media
Ali, Ahmed Kalssouma. "Les reformes musulmanes du droit du couple et l'ordre juridique français". Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAD004.
Texto completoThe couple under Muslim law is designed by the marriage bond, which excludes all other forms of union. However. The profound changes are making Family crossed by contradictory speeches that makes it a field of struggle between the old family and the new one, between tradition and modernity.The recent reforms that have appeared in many Muslim countries, over a decade for the majority, show the concern of the Muslim legislator for the question of equity between men and women, especially the husband and wife. Thus, many institutions have experienced mutations either by their prohibition or by their reluctance involving their difficulties of application.The position of the French judge is marked by the concern to exclude the application of foreign rules only to situations that have close ties with French territory. This "proximist" conception of public order is going against a relativistic approach to divergences between legal systems., and above all the emergence of a new rule of conflicts with the phenomenon of “Europeanisation” in French domestic law
Perruso, Camila Akemi. "O desaparecimento forçado de pessoas no sistema interamericano de direitos humanos: direitos humanos e memória". Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-04012011-133617/.
Texto completoWithin the framework of international human rights, this thesis analyzes the enforced disappearance of persons, which was typified as a crime against humanity due the fact of being a serious violation of human rights. Thus, it aims to determine the emergence of this phenomenon during dictatorial regimes in Latin America, and its treatment by the international community, emphasizing the interdependence between different international law branches to the disappearance. Moreover, it aims to make a connection between memory and human rights, a theme closely linked to enforced disappearance of persons. Through this perspective, it presents an analysis of disappearance cases judged by the Inter-American Court of Human Rights in order to depict its understanding about the right to the truth, extracting the affinity of this right with the construction of memory. Accordingly, this study considers the relationship between the manipulation of memories about the past through the concealment of facts related to enforced disappearance crimes, and ongoing human rights violations.
Williams, Meagan. "Judicial Creativity or Justice Being Served? A Look at the Use of Joint Criminal Enterprise in the ICTY Prosecution". Thesis, University of North Texas, 2008. https://digital.library.unt.edu/ark:/67531/metadc9721/.
Texto completoLachal, Doriane. "La protection internationale des personnes vulnérables déplacées". Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111011.
Texto completoThe international community considers some displaced persons as irregular migrants. This study demonstrates that the departure is undeniably forced concerning three groups of people : the persons fleeing blind violence and the collateral effects of an international or non international armed conflict, the persons fleeing man-made or natural environmental disasters, and the persons fleeing difficult economical or social situations. The classical approach of public international law based on distinct categories does not guarantee effective protection to these persons. As no particular international status is given to these persons, they are in a situation of vulnerability. In which way an effective protection could be a guarantee to these vulnerable displaced persons? Currently, most of the States defend a safe approach, strictly controlling the management of migration flows and applying more or less protective international legal instruments. Complementarity of different legal systems (international refugee law, international humanitarian law, international law of human rights) is therefore necessary and a broad interpretation of existing texts is recommended. To overcome the shortcomings of positive law, the use of the concept of vulnerability, crossing different situations, is invoked, in order to exceed the traditional categorical approach. Not yet recognised as a source of international law, the term “vulnerability” has become an essential notion on the international scene in recent years. It appears occasionally in conventional instruments and is frequently used in soft law. It has been gradually developed through the international and regional jurisprudence and also by the doctrine. The discourse of humanitarian organizations and the media often refers to the notion. The development of the concept of vulnerability in soft law, specifically in the shape of guidelines would ensure a better protection of vulnerable displaced persons. In this regard, guidelines could prevent people fleeing, grant a temporary or a permanent status and provide dignified reception conditions in the host States or regions. This instrument of soft law would be used as a guide for States subsequent to the adoption of protective binding rules. The distinction between vulnerable displaced persons and particularly vulnerable persons has to be taken into account at this stage. Furthermore, the responsibility of the authors who have contributed to the forced displacement or who have committed atrocities against the displaced persons should be brought before the international, regional or national judicial authorities, in order to fight against impunity. Consequently, a fair compensation for the damage suffered must be guaranteed to these persons
Castillo, Justine. "Les interprètes de la Convention de Genève du 28 juillet 1951 relative au statut des réfugiés : Étude du point de vue de la France". Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0062/document.
Texto completoMore than sixty years after its adoption, the Geneva Convention counts 145 States ascontracting Parties. This universal legal instrument on refugee’s status represents the lex specialis ofinternational refugee Law. Who can be a refugee? What can be his level of protection? These questionsare particularly relevant under the influence of the increasing population flows, the multiples crises andthe fight against terrorism. The current context of the Convention’s application is different than the one ofits adoption. And due to its general provisions, this Convention needs to be interpreted in order to beapplied. However, there is no sole interpreter. The States, the United Nations High Commissioner forRefugees and the International Court of Justice are indeed the official interpreters, but not the only onesensuring this mission. Not only the French Office for the Protection of Refugees and Stateless Persons andthe National Court of Asylum play an important role in this matter, but the European Court of HumanRights and the Court of Justice of the European Union also play an expanding role. This multiplicity ofinterpreters can induce a variety of interpretations. Nevertheless, a divergent interpretation can affect thereadability and the visibility of the Convention as a refugee defining and protective legal instrument. Thepresent study constitutes an analysis of the interpreters’ contribution to the Convention’s developments. Inthis perspective, the overgrowth of European and International Human Rights Law instrument and thecomplexity of forced migration are ineluctable feature, taken into account by the interpreters, to clarify themeaning and the scope of the Convention
Mirman, Yves. "Des engagements à l'épreuve du temps : la cause des disparus au Liban, 2011-2018". Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0030.
Texto completoThis thesis describes commitments to the cause of the disappeared in Lebanon, disappearances (kidnapping, murder, detention) occurred during the Lebanese civil war (1975-1989) and the military occupations that followed. Some families of missing persons, mostly women, have been publicly committed since the 1980s to finding them, to designate responsibilities, to have their own rights heard. They allied with various actors, and their mobilizations have been embedded in the political space, where few policies focus on post-conflit resolution. These activists have forged a common cause over the years despite the fragmentation of the cases, their parents’ intimate problems and the political constraints for their struggle. The shrinking number of activists did not kill the cause but the test of time has transformed the logics of collective action. Through legal tools, memorial work and “sensitizing devices”, they sought to raise public awareness on their suffering, but also to fight against forgetfulness about the conflict and to obtain justice. Observing their activities and their testimonies between 2011 and 2018 enabled measurement of the effects of their action on their cause and on their commitment. Their telling the story of past crimes through the formulation of a problem of general amnesia did not always enabled a clear designation of responsible parties. The public remembrance of the disappeared and the legal proceedings brought by their cause-lawyers have both given rise to emotional and strategic dilemmas. In the light of the study of these mobilizations, I eventually intend in this thesis to contribute to a sociology of post-conflict politics in Lebanon
Calvet, Martínez Elisenda. "Desapariciones forzadas y justicia transicional. La búsqueda de respuestas a través del derecho a la verdad, a la justicia y a la reparación". Doctoral thesis, Universitat de Barcelona, 2015. http://hdl.handle.net/10803/298170.
Texto completoBilyachenko, Alexey. "La circulation internationale des situations juridiques". Thesis, La Rochelle, 2016. http://www.theses.fr/2016LAROD001/document.
Texto completoInspired by a trend in the European case law, which is meant to affect the national ones, the dissertation takes part to a topical debate among European academics on the putting aside the choice-of-law rules. It is about application of so-called recognition method to the foreign legal situations that haven’t been enacted in court. The purpose is to conceptualise this new method and to determine its scope and its modalities. Given the particularity of the task, the study necessarily bears on several pivotal topics of private international law but also of European law, general private law and jurisprudence
Hill, Roland Bryant. "Missing in America : homelessness during the Reagan revolution". 2001. http://hdl.handle.net/2152/10534.
Texto completoKen, Kuang-Yi y 耿廣義. "The Criminal Responsibility of the Necessary Assistance of Non Self-Help Persons Arising from International Law". Thesis, 2017. http://ndltd.ncl.edu.tw/handle/t662w5.
Texto completo國立臺灣海洋大學
海洋法律研究所
105
"Human rights" is focuses of modern international law, and its pursuit is a universal recognition of the value system, focusing on human life and dignity; and international law called human rights, refers to the right of all people Freedom, equality and respect for dignity to construct the fundamental rights of life itself. Among them, the "right of subsistence" is the most basic rights, which is a social right to human rights, in order to protect individuals in the social life to maintain a minimum level of living standards.There are many declarations in the Convention on human rights protection in the context of the basic human rights protection of this issue concerning universal values. What is the specific content of the conventions and manifestations? Especially after the two conventions have been approved by the President, its enforcement law has been passed and promulgated and enacted. It must be interpreted and examined as to the relevant legislation in our country. Can the future of China's law as a mirror? And whether it is possible to incorporate the relevant norms that have been universally accepted by the international community into my legal proceedings through the judgments of the judiciary before the amendment is carried out so that my domestic law can be brought into line with the universally recognized human rights trend? This paper hopes to summarize the academic and practical advice, at the same time with reference to foreign legislation, to further explore, expect to provide different ways of thinking to help solve the problem.At present the community often heard the news of the defendant but the defendant! So when their own rights and interests of others in the conflict, we can require everyone to uphold the concept of human rights to help hand? Do you have any legal responsibility if you do not lend a helping hand, or if you have a helping hand? And what responsibility does that bear?If only the moral concept of people, when their rights and other people's right to conflict, it is difficult to require people to human rights priority, so that can not fully achieve the purpose of safeguarding the rights and interests, so this issue is necessary to explore.The scope of this study is based on the principle of human rights, and from the framework of the right of subsistence of basic human dignity in the two conventions, from the relevant norms in international human rights law, the relevant norms of the country and the relevant laws and regulations of each country, The relevant international human rights law and the core values of the relevant international human rights law norms, as well as China's relevant legal system and its practice of the situation of the discussion, analysis, and at the same time collate the decision of the relevant court of the Court of Final Appeal , The academic point of view and the practical community of view, to analyze, to explore whether it is sufficient for our country to repair the law to be used as a mirror? Finally, I would like to make relevant suggestions for reference and practice.
Moog, Sarah Alea. "Internally Displaced Persons in International Law and Policy - A Case Study Approach on the Darfur Crisis in Sudan". Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-311106.
Texto completoGeldenhuys, Irma Cornell Haupt. "A critical understanding of the policing of trafficking in persons". Diss., 2017. http://hdl.handle.net/10500/23126.
Texto completoPolice Practice
M. Tech. (Policing)
Ratnasingham, Christine. "Australian quasi refugees and international refugee law : abetment or abdication?" Phd thesis, 2009. http://hdl.handle.net/1885/149981.
Texto completoLIU, LUNG-CHENG y 劉容真. "A Study on Theoretical Basis for State's Human Rights Obligation towards Persons with Disabilities in the Context of International Human Rights Law". Thesis, 2015. http://ndltd.ncl.edu.tw/handle/18320778191684323246.
Texto completo東吳大學
法律學系
104
In the system of international human rights, it has been recognized that States owe all persons within their territories, obligations to respect, protect and fulfill their human rights no differently. Persons who States owe obligations to shall include the beneficiary of the study, persons with disabilities (PWD). However, it was not until 2006 had the system of international human rights come up with an exclusive convention for such persons. The Convention on the Rights of Persons with Disabilities (CRPD) was adopted in the 2006 and entered into force in 2008, since then, researchers and advocates of disability studies worldwide have expected to ground their claims on this latest human right instrument. With such high expectations, for rights covered and obligations imposed by the Convention to be implemented for real, it is however evitable to comb in details the sources and context of right in the system of international human rights, to establish a theoretical basis for State obligation to protect PWD, so as to make ascertain the standard of action of States as obligation-bearers. In fact, the normative features of this first international human rights treaty in 21st century are significant itself as it demonstrates a new pattern of affirmation of rights through posing rather concrete obligations towards States, as well as the lex specialis status of the CRPD enriches the content of system of international human rights. Long before the existence of the Convention, disability studies worldwide processed and developed based on the model-centric study methodology as promotion of treatment and wellbeing of persons with disabilities. Commentators argue and make believed that the Convention as a rather late international human right instrument, through focusing on social participation and diminishment of social discrimination, it is an international human rights convention that endorses social model. However, the study considers otherwise. The study argues the focus must be stressed on the nature of human right and the theoretical basis for obligation-bearers to protect persons with disabilities while anyone attempts to adhere to the Convention as a breakthrough point. The application of the core principles of international human rights law, id the principle of “dignity” and “equal realization of rights,” to the sphere of PWD. In this regard, the study considers the outcome of the Convention has brought up a new super-model-centric approach to the disability study, the “right-based” approach to better solve the issues of rights and interests of PWD which have been undervalued for a long time. The CRPD, as reaffirming the above two core principles, establishes the spirit of the Convention as “promotion of autonomy” of PWD, and puts forward the concept of “reasonable accommodation” in general obligation. The Study aim to solve issues which should come up alongside as States fulfilling obligations required by the Convention by applying the rules of interpretation of international human rights law, and through this process, the study manages to establish a human right theoretical basis for PWD to be protected. In chapter II, the right-based approach should be ascertain while open-ended definition of the beneficiary serve as one of the evidence. In chapter III, the study should examine the source and content of the concept of “reasonable accommodation” provided by the Convention through applying standard and interpretational rules of international human rights law. In chapter IV, should fulfillment of substantial right of education and work require differential treatment, the study manages, through analyzing the application of standard of equal protection, to process the “reasonable accommodation” justification for promotion of autonomy of PWD. In final chapter before conclusion, in reference to Taiwan practices, the study experimentally examine the applicability of the theoretical basis observed and attained through above process with the issues discussed.
VIERUCCI, Luisa. "The international criminal tribunal for the former Yugoslavia and the co-operation of states". Doctoral thesis, 1998. http://hdl.handle.net/1814/4814.
Texto completoExamining board: Prof. Antonio Cassese (supervisor) ; Prof. Philip Alston ; Prof. Peter Malanczuk ; Prof. Marina Spineda
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017