Thèses sur le sujet « Kosovo (Republic) – International status »

Thesis (M.A. in Security Studies (Civil-Military Relations))--Naval Postgraduate School, March 2005.
Thesis Advisor(s): Donald Abenheim, Hans E. Peters. Includes bibliographical references (p. 55-57). Also available online.

Thesis (M.A.)--University of Missouri-Columbia, 2008.
The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on August 12, 2009) Includes bibliographical references.

This thesis examines grassroots peace building in Kosovo during the period 2001 - 2008 and seeks to understand how international actors have best supported, or otherwise, a process of deepening peace at this level. The research centres on analysis of thirty-three in-depth interviews with the main actors from this field. Through analysing interpretations of peace and peace building in Kosovo, I identify a contradiction between on the one hand, the dominant approach of building peace through relationships (favoured by international actors); and on the other, the need for peace to address personal needs. This means helping individuals come to terms with the past, and affecting a broader normalization of people’s everyday lives. I assert that a ‘deepening’ of peace in Kosovo will ultimately come about through offering young people more opportunities to ‘open up their hearts and minds’ - to broaden their horizons in ways that they feel empowered to view themselves and the world around them through a critical lens. This research identifies negative attitudes and behaviours amongst external actors in Kosovo, and illustrates how our personal qualities and conduct are of primary importance when it comes to peace building. In doing so, I identify a need for a higher level of self-awareness, commitment and empathy amongst external actors. Whilst reports have emerged which seek to evaluate the impact of peace building in Kosovo, this research examines the experiences of those engaged in such endeavours and encompasses a strong story-telling element. It also seeks to ground the issues at stake within a broader understanding of Kosovo’s social and historical landscape.

Thesis (Ph. D.)--Tufts University, 2003.
Submitted to the Fletcher School of Law and Diplomacy. Chair: Robert L. Pfaltzgraff, Jr. Includes bibliographical references (leaves 286-299). Access restricted to members of the Tufts University community. Also available via the World Wide Web;

It has been claimed that internationalized, or "hybrid" courts, courts which mix international and local personnel and international and domestic law, can be used to replace or complement the work of the International Criminal Court. Four such hybrid courts---courts located in Kosovo, East Timor, Cambodia and Sierra Leone, have either just completed their work or are far enough along in their operation to provide a type of "justice laboratory" to test this claim. Analysis reveals that the performance of these courts has been poor. It shows that the courts in Kosovo and East Timor were doomed to failure, that the court in Cambodia is headed in the same direction, and that only the court operating in Sierra Leone offers a possibility that something close to justice will result. The summary recommendation drawn from the analysis is that hybrid courts should only be employed where: (1) international personnel control the proceedings, (2) the legal framework of the court conforms to international standards, and (3) the sponsors of the enterprise possess a clear ability, and demonstrate a credible commitment, to try and punish those most responsible for committing gross human rights offenses.

Includes bibliographical references (leaves. 100-108).
This paper assesses the foreign policy of the People's Republic of China, determining whether it is pursuing an agenda to fully integrate into the international political order, or whether its policy comprises of a tactical quest for super-power status; it concludes by making a tentative prediction as to the trajectory of China's foreign policy in the coming decades. Optimists maintain that China's formation of complex economic and political ties with regional and international countries will bring both prosperity and security in the region, claiming that China's foreign affairs will focus on the maintenance and protection of these relations, upholding the political status quo. Pessimists, conversely, assert that Beijing's policy of integration is part of a wider strategy designed to build national power to a system-contending level. To establish the nature of China's foreign policy, this paper looks at two opposing theories of international relations which describe both interpretations: Complex Interdependence (supporting the optimists' interpretation) and Realism (supporting the pessimists' interpretation). In Part One, it reviews the key theorists of the twentieth century; it concludes that the Realist principles of Robert Gilpin, and the Complex Interdependence principles of Robert Keohane and Joseph Nye, represent the most reliable tenets of each theory. Thus the theoretical framework of the paper rests on the principles of these two interpretations of the Realist and Complex Interdependence theories. In Part Two of the paper, four indicators of China's foreign policy are assessed: 1. China in the World Economy; 2. China's International and Regional Relations; 3. China's National Defence; 4. China's Domestic Policy and Internal Characteristics. Each indicator is then analysed by applying the theories of Complex Interdependence and Realism to the data. The paper concludes by amalgamating the analyses of each indicator, making an overall assessment as to whether the theory of Realism or Complex Interdependence.

Humanitarian intervention has long been a secondary or tertiary concern in a security driven international system. Since NATO's intervention during the Kosovo crisis in 1999 there have been significant developments in both the language and form of humanitarian intervention as a matter of international law. The events in Kosovo sparked debate about how to handle humanitarian crisis in the future and thus humanitarian intervention evolved into a redefinition of sovereignty as responsibility and the Responsibility to Protect. The Responsibility to Protect has had a number of opportunities to continue to evolve and assert itself in an international legal context throughout the ensuing years since the Kosovo intervention. The purpose of this research is to explore the moral, legal and practical implications of the Responsibility to Protect doctrine. Classical and contemporary theories of international relations and moral philosophy are applied in the context of the Responsibility to Protect and its effect upon the international system and specific states to cultivate a sense of the development of the norm and different actors' attitudes towards it. A literature review is conducted to show the practical and conceptual issues inherent in the framework of the Responsibility to Protect. The norm is then applied to the cases of Kosovo, Libya, and Syria to assess its effect in practice and determine its origins. The analysis of these case studies leads to a number of conclusions regarding its effectiveness and future application. The case studies chosen for this research are Kosovo, Libya, and Syria. The case of Kosovo helps to establish a humanitarian intervention framework, the need for redefinition, and the beginning of the Responsibility to Protect. Libya shows the first strong case for the positive application of the Responsibility to Protect in a practical sense. The non-intervention in Syria shows the difficult political issues involved in intervention and presents uncertainty as to the positive develop of the norm. These cases clearly show the myriad of practical challenges to RtoP that are borne out the theoretical, moral issues embedded in its philosophy. The conclusion drawn from the literature review and subsequent case studies is that the current efforts to assert the Responsibility to Protect are aimed at the wrong areas of international law and states, and that the norm is not developing positively in a linear pattern. To successfully promote its acceptance the Responsibility to Protect must build institutional linkages to make intervention more cost effective, exercise the regional options available to promote and ensure the legitimacy of intervention, and assure the acceptance of RtoP by the major powers in the Security Council.

Rezensiertes Werk: Internationally administered territories - international protectorates? : an analysis of sovereignty over internationally administered territories with special reference to the legal status of post-war Kosovo / by Daniel Sven Smyrek. - Berlin : Duncker & Humblot, 2006. - 260 S.- (Tübinger Schriften zum internationalen und europäischen Recht ; 80) Zugl.: Tübingen, Univ., Diss., 2005 ISBN: 3-428-11948-7

Using the International Violence Against Women Survey (IVAWS), this paper identifies factors contributing to women’s individual risk of being victimized by their current intimate partner. Additionally, this analysis examines the overlap of physical and sexual violence within intimate relationships. Past research into IPV has identified a numerous predictor variables. Adapting nine such variables (controlling behaviours, male heavy drinking, female only income, female past marriage, female past IPV, respondents’ age, relationship duration, relationship status and violence outside the home) to the IVAWS dataset, a framework identifying risk patterns for physical and sexual violence was developed. The results identify a number of variables that performed as expected and increased a women’s risk of being a victim of IPV; however, some variables decreased women’s risk and therefore acted as protective factors. These findings suggest that IPV at the country level is more complex and requires additional research to fully explain the variation observed.

Thesis (MMil (Military Sciences. School for Security and Africa Studies))--Stellenbosch University, 2008.
ENGLISH ABSTRACT: This thesis explores the feasibility of the concept Developmental Peace Missions (DPMs). It seeks to answer the question whether DPMs is an ambitious construct or a feasible ideal and whether DPMs could be effectively applied during peace missions. The study takes the form of a descriptive analysis of the theoretical underpinnings of the concept of DPMs, and includes the analysis of various relevant case studies in terms of the application of the concept of DPMs. The study further explores the evolution that has taken place in terms of United Nations peace missions, in that most modern peace missions include both peacekeeping and peacebuilding initiatives. The study also illustrates the modern approach to peace missions, based on an integrated systems-thinking approach by means of which the activities of all relevant role-players are integrated and fused towards a common end state: that of sustained security and development. In order to analyse the concept of DPMs, the theoretical underpinnings of the concept human security, the security-development nexus and peacebuilding were researched in depth. These concepts were then coupled to the concept of DPMs in terms of their utility during current complex peace missions, both internationally and on the African continent. The concept of DPMs was studied in the context of contemporary peacekeeping in terms of three case studies, namely the peace missions in Kosovo, Sierra Leone and the DRC. The DPMs concept was applied to these case studies and analysed in terms of the extent to which the peace interventions in these countries were conducted in accordance with the philosophical and theoretical underpinnings of DPMs. The study concludes that DPMs, in terms of its theoretical basis, is indeed a feasible ideal for peace missions, as it is based on and in line with the approved current UN- and AU-integrated planning processes. However, in terms of its practical utility in Africa, it currently remains an ambitious construct, given the limited capacity and resources of the AU and regional organisations. Therefore, DPMs should not be viewed as a short-term solution to, or panacea for, all intra-state wars. The study proposes that the UN, the AU, as well as relevant regional organisations will have to adjust and make changes in terms of their institutions, structures, funding and the provision of resources in order to operationalise the concept of DPMs successfully. This is especially true as far as the AU is concerned, as the AU currently experiences severe limitations in both material and human resources. However, the fact that both the UN and the AU have adopted the Integrated Mission Planning Process concept as planning tool for their respective missions is an indication that progress is being made towards the achievement of establishing a more holistic and integrated approach to finding sustainable solutions to global conflict. Ultimately, the success of DPMs will be determined by the will and commitment of all the relevant role-players involved in finding a lasting solution to intra-state conflicts. The concept itself cannot provide sustainable peace and development.
AFRIKAANSE OPSOMMING: Dié tesis verken die lewensvatbaarheid van die begrip Ontwikkelingsvredesendings. Daar sal gepoog word om ‘n antwoord te kry op die vraag of Ontwikkelingsvredesendings ‘n ambisieuse konstruk of ‘n haalbare ideal is. Verder sal gepoog word om te bepaal of dit effektief tydens vredesoperasies toegepas kan word. Die studie neem die vorm aan van ‘n beskrywende analise van die teoretiese grondbeginsels van die begrip Ontwikkelingsvredesendings en sluit die analise van verskeie relevante gevallestudies ten opsigte van die begrip in. Die studie ondersoek die evolusie wat plaasgevind het ten opsigte van vredesendings wat deur die Verenigde Nasies (VN) onderneem word, naamlik dat die meeste moderne vredesendings, vredesbewarings, sowel as vredesbou (nasiebou) inisiatiewe insluit. Die studie illustreer ook die moderne benadering wat ten opsigte van vredesendings toegepas word, naamlik dat die aktiwiteite van al die betrokke rolspelers geïntegreer word en op ‘n gedeelde einddoel gefokus word. Die teoretiese grondstelllings van die begrippe veiligheid en ontwikkeling, die veiligheid-ensekuriteit- neksus, sowel as die begrip van vredesbou (nasiebou) is in diepte ondersoek ten einde die begrip Ontwikkelingsvredesendings te analiseer. Hierdie begrippe is daarna in verband gebring met die begrip Ontwikkelingsvredesendings soos wat dit tans tydens moderne komplekse vredesendings toegepas word – beide internasionaal sowel as op die Afrika kontinent. Die begrip Ontwikkelingsvredesendings is bestudeer teen die agtergrond van eietydse vredesbewaring ten opsigte van drie gevallestudies, naamlik die intervensies in Kosovo, Sierra Leone en die Demokratiese Republiek van die Kongo. Hierdie drie gevallestudies is gekies aangesien dit die eerste sendings was waartydens die VN die nuwe geïntegreerde benadering tot vredesendings, soos in die Brahimi-verslag aanbeveel, toegepas is. Die studie het bevind dat Ontwikkelingsvredesendings, wat betref die teoretiese grondstellings inderdaad uitvoerbaar is, aangesien dit gebaseer is op en in ooreenstemming is met die huidige aanvaarde beplanninsprosesse van die VN en die AU. Maar, wat betref die praktiese bruikbaarheid van die begrip in Afrika, bly dit tans ‘n ambisieuse konstruk, gegewe die beperkte vermoë en hulpbronne van die AU en streeksorganisasies. Die begrip Ontwikkelingsvredesendings moet dus nie as ‘n korttermynoplossing vir alle interne oorloë beskou word nie. Die studie het bevind dat die VN, die AU, sowel as die betrokke streeksorganisasies, ingrypende veranderings sal moet ondergaan ten einde die begrip Ontwikkelingsvredesendings suksesvol te kan toepas, veral ten opsigte van strukture, befondsing en die voorsiening van hulpbronne. Dit is veral waar in die geval van die AU, aangesien die AU tans geweldige uitdagings in die gesig staar wat betref menslike sowel as materiële hulpbronne. Ten spyte van laasgenoemde uitdagings dui die aanvaarding van die Geïntegreerde Sendingbeplanningsproses as besluitnemings-meganisme deur beide die VN en die AU op die vordering wat gemaak word ten opsigte van die daarstelling van ‘n meer holistiese en geïntegreerde benadering vir volhoubare oplossings vir konflik. Die sukses van Ontwikkelingsvredesendings sal uiteindelik bepaal word deur die wil en toewyding van alle betrokkenes by die soeke na langdurige vrede – die begrip op sigself kan nie volhoubare vrede en ontwikkeling bewerkstellig nie.

Defence date: 17 October 2005
Examining Board: Prof. Pierre-Marie Dupuy, European University Institute (Supervisor); Prof. Neil Walker, European University Institute; Prof. Hanspeter Neuhold, University of Vienna; Prof. Christian Tomuschat, Humboldt University Berlin
First made available online on 27 February 2018
The growing number of international organisations involved in ‘state-building’ and the scope of authority they exercise raises a number of important questions under international law - as to the status of UN-administered territories, the nature o f UN authority, its legal basis in the UN Charter, and its limitations, for example. By looking at the ways through which international authority carries out internationalisation projects, the thesis aims to explain how legal instruments were designed in order to respond to a spatio-temporal need of the international community. It adopts a broad topological style which interrogates where and how to ‘locate’ the background assumptions guiding the idea of international fiduciary administration, in legal and philosophical space. By supplying complementary theoretical frameworks to account for instances of suspended sovereignty, the thesis presents a synoptic vision of the notion of internationalisation of territory and the extent to which multilateral institution-building missions share features with, and can be distinguished from, projects undertaken under the Mandate- and Trusteeship systems. It utilises institutions of both private law (agency, trusteeship, servitude) and public law (wardship, the status of organs) to analyse the dual nature of international administrations. Firstly, an international administration represents a non-state territorial entity on the international plane as agent ex lege. Second, the thesis investigates the organic framework through which an ancillary organ of the UN dispenses temporary political authority in order to carry out the functions, and meet the needs, of the international community. The constructive approach to international legal personality solidifies the argument that a non-state territorial entity administered by the international community may base its claim towards partial personality on a legal argument. The doctorate follows a trajectory that outlines the phenomenon of 'dual functionality' throughout colonialism, trusteeship administration, military occupation and territorial administration on the basis of an international mandate. The notion of the fiduciary bond underpin all examples which illustrate that the more 'international’ the mandate of a territorial administration, the more pronounced its assumption of agency and pursuit of the ‘territorial’ interest. Both frames are applied to the UN Council for Namibia and to the United Nations Interim Administration Mission in Kosovo (UNMIK). The tensions resulting from the simultaneous performance, by the same actor, of the functions of territorial agent and international organ accompany the investigation into the status of Kosovo in public international law. Moreover, the thesis examines certain inherent shortcomings to an ‘open-ended’ institutionbuilding operation where the future status of the entity in statu nascendi remains undecided. Focusing on the internal political and legal order of an internationalised territory, the thesis notes that the rule of an international administration is subject to an ‘anomalous’ legitimacy cycle. The fundamental indeterminacy of law, gaps in statutory instruments and in human rights protection further expose the frailty of transitional administrations.

Defense date: 22/06/2009
Examining Board: Marise Cremona (Supervisor EUI), James Ker-Lindsay (London School of Economics), Panos Koutrakos (University of Bristol), Ernst-Ulrich Petersmann (EUI)
First made available online 26 September 2018
Despite the partial normalisation of relations between the two ethno-religious segments on the island, Cyprus' accession to the EU meant neither its reunification nor the restoration of human rights nor a complete end to the political and economic isolation of the Turkish Cypriot community. Ironically enough, the accession of the island to the EU actually added a new dimension to the division of the island. According to Protocol 10 on Cyprus of the Act of Accession 2003, the Republic of Cyprus joined the Union with its entire territory. However, due to the fact that its Government cannot exercise effective control over the whole island, pending a settlement, the application of the acquis is 'suspended in those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not have effective control.' (Article 1(1) of Protocol No 10 on Cyprus of the Act of Accession 2003 O.J. 2003 L 236/955.) The scope of this thesis is twofold: On the one hand, it maps the partial application of Union law in an area where there are two competing claims of authority. On the other hand, it assesses the pragmatic approach that the Union has adopted when dealing with issues arising from the conflict such as the isolation of the Turkish Cypriots, the "settlers" etc. The main theses of the thesis are the following: Although the application of the acquis is suspended in the areas not under the effective control of the Republic, the territorial character of the suspension and the adoption of the Green Line Regulation, along with the instrument of financial support, have allowed a limited integration of northern Cyprus within the EU. Moreover, concerning a future comprehensive settlement plan, the thesis argues that the Union is 'ready to accommodate the terms of such a settlement in line with the principles on which the EU is founded.' In other words, despite the foreseeable existence of tensions between a solution that would be based on the principles of bi-zonality, bi-communality and political equality and the Union legal order, the EU is willing and capable of accommodating the possible derogations from the acquis that such a solution could entail.

碩士
銘傳大學
公共事務學系碩士在職專班
100
This thesis is focused on investigating whether the diplomatic and foreign relations staff of R.O.C acknowledges that the chance of R.O.C. joining international organizations and events has been affected by the rising power and status of the P.R.C. The research also includes whether R.O.C.’s representation rights of China as a sovereign state, its status of pragmatic diplomacy, and whether the priority of joining international organizations and activities has also been affected by P.R.C’s increasing international influence. Taking R.O.C.’s joining of APEC and WHO as examples, the research explains logically the concept of the Name-Status Order Theory and how the priority of joining such organizations concerns both countries in their current cross-strait relations. This thesis is the first to investigate whether the diplomatic and foreign relations personnels’ perception of ‘Name-Status Order Theory’ influences their attitude in joining international organizations and activities.. The result of the research was obtained by sending out surveys that were created by integrating influence patterns and various concepts from literary references. From the surveys sent to those affiliated with foreign affairs and international organizational work, there were 314 samples that are deemed effective and valid by implementing the regression equation. Based on the results of the research, it is shown that the Name-Status Order Theory and a “who joins first” mentality has a positive effect on R.O.C.’s representation rights of “China”, its diplomacy status, and its probability of joining international organizations as a whole. From these results, it is proven that China Rising has been negatively interfering with R.O.C.’s diplomacy and international affairs and has greatly affected the mentality and how they proceed and conduct themselves internationally.

The scourge of HIV/AIDS is ravaging our communities; many children have lost their parents to this pandemic. The death of parents because of this pandemic has resulted in the emergence of a new phenomenon of child-headed households. This paper seeks to examine the rights of children in child-headed households as entrenched in section 28(1)(b) and (c) of the Constitution. Once the rights of children in child-headed households are ascertained, the state’s duty to give effect to these rights is investigated. In the analysis of the rights, the socio-economic rights jurisprudence of the Constitutional Court is considered. The paper further argues that the state gives effect to the rights of children in child-headed households through legislation and policy. As such, the paper takes a closer look at the legislation and policies that seek to give effect to the rights of children in child-headed households as enumerated in section 28(1)(b) and (c) and gaps in that legislation and policy are highlighted. In conclusion, proposals are made that will assist the state to give effect to the rights of children in child-headed households as set out in the Constitution.
Private Law
LL.M.