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Rainie, Stephanie Carroll, Jennifer Lee Schultz, Eileen Briggs, Patricia Riggs e Nancy Lynn Palmanteer-Holder. "Data as a Strategic Resource: Self-determination, Governance, and the Data Challenge for Indigenous Nations in the United States". UNIV WESTERN ONTARIO, 2017. http://hdl.handle.net/10150/624737.
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Data about Indigenous populations in the United States are inconsistent and irrelevant. Federal and state governments and researchers direct most collection, analysis, and use of data about U.S. Indigenous populations. Indigenous Peoples' justified mistrust further complicates the collection and use of these data. Nonetheless, tribal leaders and communities depend on these data to inform decision making. Reliance on data that do not reflect tribal needs, priorities, and self-conceptions threatens tribal self-determination. Tribal data sovereignty through governance of data on Indigenous populations is long overdue. This article provides two case studies of the Ysleta del Sur Pueblo and Cheyenne River Sioux Tribe and their demographic and socioeconomic data initiatives to create locally and culturally relevant data for decision making.
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Pritchard, Gregory A. "The pursuit of fulfillment the emergence of personal fulfillment as a dominant influence in American culture /". Theological Research Exchange Network (TREN), 1988. http://www.tren.com.
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SZAFLARSKI, MAGDALENA. "THE SOCIAL DETERMINANTS OF SELF-REPORTED HEALTH IN THE UNITED STATES AND POLAND: A MULTILEVEL ANALYSIS". University of Cincinnati / OhioLINK, 2001. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1006877244.
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Beymer, Mark A. "Self-Concept Competency of National Aeronautics and Space Administration Research and Development Managers". PDXScholar, 1989. https://pdxscholar.library.pdx.edu/open_access_etds/1380.
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Boyatzis has stated that "true" management competencies are characteristics of a manager which differentiate superior from average and below average performance. Boyatzis, however, treats a manager's self-image (self-concept) as a "threshold" rather than a "real" competency. Lafferty's research, which has measured relationships between several lifestyle (self-concept) variables and corresponding organizational behavior, has found that performance differences between average and high performing managers are associated with differences in self-concept construction. The researcher proposes to treat variations in self-concept measurements from managers as indications of their relative management competency. Thisresearch investigates seventeen hypotheses relating to the self-concepts of high performing, mid-level technical managers employed in the National Aeronautics and Space Administration (NASA).
The Level 1: Life Style Inventory, developed by Lafferty, was administered to high performing, mid-level managers (118 aerospace technical and 43 non-technical) from nine major Research and Space Flight Centers, and the agency Headquarters, attending a Management Education Program. Measurement of 16 self-conceptand 4 biographical variables were compared and contrasted with self-concept measurements accomplished by Lafferty on samples of engineers, supervisors and mid-level managers.
Three major conclusions are reached. (1) NASA technical managers exhibit an unusual degree of satisfaction when compared with other supervisors and mid-level managers and a self-actualizing management style. (2) The self-concept characteristics of high perfectionism and dependence in NASA technical managers should be studied further, based on Cooke and Rousseau's findings that high measurements in these variables are associated with a greater number of symptoms of strain and Lafferty's findings concerning associations between high measurements of these variables and disfunctional managerial behavior. (3) Evidence is provided by researchers, like Garfield, that while management experience may be significantly associated withself-concept increases in achievement and helpfulness orientations, and self-concept assumptions of these managers may preclude them from significant increases in their self-actualization.
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Heo, Ji Young [Verfasser]. "Contentious Narratives on National Identity of South Korea: How to Understand the Self and the Significant Others, North Korea and the United States / Ji Young Heo". Berlin : Freie Universität Berlin, 2020. http://d-nb.info/1213295009/34.
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Messer, Shawn Arden. "Assessment of regional fungal concentrations and diversity and their possible association with self-reported health effects among a national sample of office building occupants in the United States". Diss., University of Iowa, 2018. https://ir.uiowa.edu/etd/6472.
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Data from the Environmental Protection Agency’s Building Assessment and Survey Evaluation (BASE) study was analyzed for culturable fungi detected in air samples collected from 100 office buildings located among ten climate regions in the United States. Fungi identified and quantified in the study were evaluated in indoor and outdoor environments. Evenness of species for both summer and winter, and the diversity and similarity indices of species were calculated between climate region groups in order to observe potential climate-based differences in the fungal microbiome. Respiratory and neurological health symptoms of study building occupants (n = 4,326) were self-reported by questionnaire, and were analyzed in order to assess seasonal and climate differences.
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Umlauff, Lisa. "The association of socio-economic determinants, dietary intake, self-perception and weight control behaviours with childhood overweight and obesity : A secondary analysis of the National Health and Nutrition Examination Survey (NHANES) 2013-2014 among children age 2-19 in the United States". Thesis, Uppsala universitet, Internationell mödra- och barnhälsovård (IMCH), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-324481.
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Background: Risk factors for childhood obesity include unhealthy diet, physical inactivity and lack of knowledge about nutrition and health. The purpose of this study was to investigate the potential associations between socio-economic determinants, dietary intake, self-perception, weight control behaviours and childhood overweight and obesity. Methods: Cross-sectional data from the National Health and Nutrition Examination Survey 2013-2014 in the United States was examined. The sample included participants age 2-19, whose measured BMI indicated ‘normal weight’ or ‘overweight or obese’. The relationship between socio-economic determinants and dietary intake with BMI status was analysed using multiple logistic regression. Differences in self-perception of weight and associated weight control behaviours in relation to BMI status were examined in a sub-sample of youth age 8-15. Results: School age (6-11 years) and adolescence (12-19 years); Mexican American, Other Hispanic and Black ethnicity; and household size of maximum two persons were significantly associated with increased odds of childhood overweight/obesity, while Asian ethnicity and above-mean household income (>$64,999) showed a protective effect. There was no statistically significant relationship between dietary intake patterns and BMI status. Only 39% of overweight youth age 8-15 identified their weight status correctly. Weight-loss attempts were common among youth, 62% had tried to lose weight in the past year. Conclusion: Significant associations between children’s BMI status and the socio-economic determinants age, ethnicity, household size and income highlight the importance of tailored prevention efforts. Incorrect self-perception of weight and weight control behaviours were common among children and adolescents.
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Bradshaw, Cherry. "Self determination or rights? : problems for nations, states and international relations". Thesis, University of Kent, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.269052.
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Cunningham, Kathleen Gallagher. "Divided and conquered why states and self-determination groups fail in bargaining over autonomy /". Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2007. http://wwwlib.umi.com/cr/ucsd/fullcit?p3270971.
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Thesis (Ph. D.)--University of California, San Diego, 2007.Title from first page of PDF file (viewed Aug. 13, 2007). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references (p. 197-204).
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Fleury, Thibaut Charles. "La question du territoire aux Etats-Unis de 1789 à 1914 : apports pour la construction du droit international". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020018/document.
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Cette étude repose sur l’hypothèse selon laquelle, de l’adoption de la constitution fédérale à la Première Guerre Mondiale, l’expansion territoriale des États-Unis d’Amérique, de même que le projet fédéral, ont appelé une « construction » des règles et principes du droit international au sein même des frontières américaines. Car, en 1789 déjà, tant les États-Unis,que les États membres de la Fédération ou les Nations indiennes, revendiquent sur tout ou partie de cet espace la souveraineté que reconnaît le droit international à tout « État ». C’est alors en définissant, en aménageant, en repensant, les notions d’ « État » ou de « souveraineté » sur un territoire, les conditions de détention et de formation d’un titre territorial, ou encore en fixant la valeur juridique interne du droit international, que ces revendications seront – ou non –satisfaites. Fondé sur l’analyse de la pratique, de la doctrine et de la jurisprudence américaines durant le « long XIXe siècle », ce travail a ainsi pour objet d’interroger la question du territoire telle qu’elle se pose au sein de cet « État fédéral » territorialement souverain que constitueraient les États-Unis. Il espère ce faisant mettre au jour des constructions du droit international dont l’actualité tient à leur objet : la question du territoire aux États-Unis entre 1789 et 1914interroge en effet les principales notions et problématiques de ce droit – au premier rang desquelles celle de l’articulation spatiale des compétencesThis study is based upon the hypothesis that, from the entry into force of the federal constitution to the First World War, the United States territorial expansion, as well as the federal project, called for a « construction » of international law’s rules and principles within the American boundaries. It is to be remembered that, in 1789, the United States, the member States and the Indian Nations claimed for themselves, on parts or the whole of that space, the sovereignty that every « State » is entitled to according to international law. It is therefore by defining, adapting, or rethinking the notions of « State » or « territorial sovereignty », the conditions required for a territorial title to be held or formed, and by setting the legal status of international law, that those claims have been enforced – or not. Grounded upon the analysis of the American doctrine, practice and case law, the purpose of this study is thus to inquire about territorial issues as raised within what is usually described as a « federal State », sovereign on its territory. Because those issues, and mainly jurisdictional ones, are fundamental to international law, this work hopes to bring to light constructions of international law which are still relevant today
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Kline, Robyn Loretta. "The United States census: The racialization of Indian identity and its impact on self determination". Thesis, The University of Arizona, 2000. http://hdl.handle.net/10150/292017.
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Throughout the history of United States' policy towards Native people, the strongest underlying methodology for effectuating conquest has had its roots in the control of the tribal identity. Because the United States Census counts people and categorizes them into racial groups, the relationship of the identity of Native people to the Census and Federal Indian policy would seem to be closely associated. When analyzing the process of the United States Census as it applies to Native Americans, a greater understanding develops regarding the ultimate control of Indian identity and the resultant effects of that control upon tribal people. By understanding this relationship, tribes may choose to further strengthen the meaning of self determination and demand that they be the ones to count their own people. By taking control of the tribal identity, tribes are taking control of the disposition of rights and resources within the federal-tribal structure.
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Cook, Samuel Robert 1965. "Indian self-determination: A comparative analysis of executive and congressional approaches to contemporary federal Indian policy". Thesis, The University of Arizona, 1992. http://hdl.handle.net/10150/291632.
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Scholars of American Indian policy refer to the period from 1960 to present as the Self-Determination Era. However, President Richard Nixon is commonly credited with making self-determination the fundamental tenet of contemporary Indian policy through his 1970 message to Congress. The concept of self-determination embodies three main goals: tribal self-government; cultural survival; and economic development. Furthermore, Indian participation in tribal activities as well as the federal policy-making process is a key principle of self-determination. Self-determination, however, is not a single policy, but rather, a conglomeration of policy approaches originating in different branches of the federal government. There has been little uniformity in the executive and legislative approaches to contemporary Indian policy. As this thesis illustrates, congressional approaches to self-determination policy since 1970 have been more consistent than those of the executive branch.
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Harada, Coreen Marie. "Motivation for sport participation and withdrawal for Special Olympics athletes in the United States". Thesis, Boston University, 2007. https://hdl.handle.net/2144/31972.
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Thesis (Ed.D.)--Boston UniversityPLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis or dissertation. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you.
The purpose of this study was to examine the motives for participation in and withdrawal from sport of Special Olympics (SO) athletes using the frameworks of motivation in sport for athletes without disabilities. Two theoretical frameworks were applied--achievement motivation and self-determination theory (SDT). In addition, previous studies on the application of SDT to understanding motivation in people with intellectual disabilities (ID) were examined. This study included a nationally representative sample of 1,307 families, 579 SO athletes, and 300 SO coaches from 17 randomly selected states in the United States. Athletes and families were interviewed by telephone by trained interviewers from The Gallup Organization. Coaches were also interviewed by telephone, by the author and trained graduate students. Interviews followed scripted protocols that included questions about demographics, SO participation, and motivation for sport participation and withdrawal. The findings of this study suggest that there is similarity in motivation for sport participation between athletes with and without ID, as compared to the literature. The findings suggest, contrary to the literature on motivation for people with ID, that athletes with ID can be intrinsically motivated. However, there was a dichotomy of reasons for sport withdrawal. SO athletes generally left sport due to one of two reasons, personal interest in sport or other activities or some factor outside of the athlete's control, namely access to a local SO program. It is critical to note the relevance of the latter reason for sport withdrawal as it underscores a striking difference between athletes without disabilities and athletes with ID. In all, the theoretical frameworks of motivation have demonstrated relevance on the motivation for sport participation and withdrawal for athletes with ID. However, withdrawal due to external factors suggests a limitation in the application of the theoretical frameworks to adequately describe sport withdrawal for athletes with ID. Overall the results of this study emphasize that sport can also be a powerful experience for people with ID and promote an empowering message--that athletes are athletes, regardless of disability.
2031-01-02
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Samarasinghe, Ruwan P. "Tamil minority problem in Sri Lanka in the light of self-determination and sovereignty of states". Thesis, View thesis, 2005. http://handle.uws.edu.au:8081/1959.7/30155.
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This thesis analyses the Tamil minority problem in Sri Lanka in the light of self-determination and state sovereignty. State practice with respect to self-determination is discussed, in particular cases of Aaland Island, Katanga, Biafra and Bangladesh. Historical background, location and composition, as it relates to the Tamil minority problem in the country, are described, and the specific issue of self-determination in the Sri Lankan context of secession is dealt with. The research attempts to ascertain the legal conditions which would warrant secession.
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Samarasinghe, Ruwan P. "Tamil minority problem in Sri Lanka in the light of self-determination and sovereignty of states". View thesis, 2005. http://library.uws.edu.au/adt-NUWS/public/adt-NUWS20050921.152436/index.html.
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Halliburton, Amanda E. "Adolescent Inhalant Use in the United States: Examining Long-Term Trends and Evaluating the Applicability of Self-Determination Theory". Thesis, Virginia Tech, 2013. http://hdl.handle.net/10919/78174.
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Inhalants are a critical, under-studied substance used by young adolescents in the United States (U.S.). Despite the serious negative consequences that can accompany use (most notably neuropsychological damage) the topic of inhalants has been neglected by clinicians and prevention scientists, particularly in comparison to other drugs. The present research focused on the etiology of U.S. adolescent inhalant use in two ways, both of which utilized large, nationally representative data sets for secondary data analysis. Study I examined long-terms trends in inhalant use prevalence rates and changing proportions of gender and ethnic groups among lifetime inhalant users. Study I also evaluated the effects of policies aimed at other drugs, including regional "three strikes laws" and national methamphetamine laws, on changing inhalant use prevalence rates among twelfth graders. Inhalant use increased during the early-1990s but has declined from the mid-1990s to the present day; lifetime inhalant users have increasingly become female and non-White. Importantly, "three strikes laws" and a national methamphetamine law were related to increases in annual inhalant use rates for twelfth graders. Study II evaluated the applicability of Self-Determination Theory (SDT)-related constructs, namely self-perceived autonomy, competence and parental relatedness, to concurrent and prospective inhalant use. Competence was consistently related to inhalant use and inhalant use severity; parental relatedness was related to concurrent but not prospective use and use severity. The findings from both studies are discussed in terms of their commonalities and differences, implications for clinicians and prevention scientists, overall strengths and limitations, and directions for future inhalant use research.Master of Science
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McLennan, Sarah Elizabeth. ""They've All Come to Look for America": Constructing Self and Nation in Women's Travel Narratives 1870-1890". W&M ScholarWorks, 2004. https://scholarworks.wm.edu/etd/1539624396.
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Cornell, Stephen. "Processes of Native Nationhood: The Indigenous Politics of Self-Government". UNIV WESTERN ONTARIO, 2015. http://hdl.handle.net/10150/621710.
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Over the last three decades, Indigenous peoples in the CANZUS countries (Canada, Australia, New Zealand, and the United States) have been reclaiming self-government as an Indigenous right and practice. In the process, they have been asserting various forms of Indigenous nationhood. This article argues that this development involves a common set of activities on the part of Indigenous peoples: (1) identifying as a nation or a people (determining who the appropriate collective "self " is in self-determination and self-government); (2) organizing as a political body (not just as a corporate holder of assets); and (3) acting on behalf of Indigenous goals (asserting and exercising practical decision-making power and responsibility, even in cases where central governments deny recognition). The article compares these activities in the four countries and argues that, while contexts and circumstances differ, the Indigenous politics of self-government show striking commonalities across the four. Among those commonalities: it is a positional as opposed to a distributional politics; while not ignoring individual welfare, it measures success in terms of collective power; and it focuses less on what central governments are willing to do in the way of recognition and rights than on what Indigenous nations or communities can do for themselves.
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Lam, Gary Yu Hin. "Self-Determination during School-to-Adulthood Transition in Young Adults with Autism Spectrum Disorder from the United States and Hong Kong". Scholar Commons, 2016. http://scholarcommons.usf.edu/etd/6290.
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There is an increasing population of students with ASD graduating from schools and entering adulthood. Post-school transition is particularly challenging for these young adults and they tend to exhibit unfavorable outcomes in various domains in life. The concept of self-determination has been identified to promote successful transition and adult outcomes. With its root stemming from Western ideologies, the conceptualizations and manifestations of self-determination have rarely been examined across cultures. The present study aims to examine the experiences of self-determination in young adults with ASD during their school-to-adulthood transition and directly compare their experiences across American and Chinese contexts. Individual interviews were conducted with 11 young adults with ASD in the United States and Hong Kong who exited high school within the past seven years. Results from thematic analysis revealed themes about participants’ experiences of self-determination in areas of autonomy, attainment of goals, psychological empowerment, and self-realization. Contextual factors in family, work, postsecondary education, community-based settings, and early school-age experiences were identified to influence participants’ development and expression of self-determination. Cross-cultural similarities and differences in self-determination among American and Chinese young adults with ASD were discussed in relation to various factors associated with their ecological systems. Implications of cultural-responsive understanding of self-determination for research and practice are discussed to promote better outcomes and quality of life in individuals with ASD transitioning from school to the adulthood.
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Veile, Bradley 1956. "Indian Self-Determination and Education Assistance Act (Public Law 93-638) from 1975 to 1989: A look at educational aspects". Thesis, The University of Arizona, 1989. http://hdl.handle.net/10150/277185.
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This paper examines Public Law 93-638, the Indian Self-Determination and Education Assistance Act, from its origins to the present. Subsequent laws which have had an impact on the original statute are viewed through their legislative history, legal implications, and effect. Contract schools under the legislation are discussed in regards to their number, location, and structure. A critical look at Indian education is provided along with general comments on contracting under PL 93-638.
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Lumumba, Bakari K. "Is Pan-Africanism Dead?: The Relevancy of Garveyism in the Twenty-First Century: The Politics of Black Self-Determination in the Southeastern United States". Ohio University / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1526039138419958.
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Zimba, Gamaliel. "The application of the principle of complementarity in situations referred to the International Criminal Court by the United Nations Security Council and in self-referred situations". Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4577.
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Meckler, Markus A. "Der Kleinstaat im Völkerrecht : das Fürstentum Liechtenstein im Spannungsfeld zwischen Souveränität und kleinstaatenspezifischen Funktionsdefiziten /". Frankfurt am Main [u.a.] : Lang, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/517432234.pdf.
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GOMES, MAIRA SIMAN. "PACIFICATION AS A FOREIGN POLICY PRACTICE OF (RE)PRODUCTION OF THE STATE SELF: REWRITING THE ENGAGEMENT OF BRAZIL IN THE UNITED NATIONS STABILIZATION MISSION IN HAITI (MINUSTAH)". PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2014. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=24744@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROCOORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR
Esta tese argumenta que a participação do Brasil na Missão de Estabilização da ONU para o Haiti pode ser compreendida para além das explicações tradicionais que entendem a política externa como uma ponte entre a política interna e a política internacional, resultante de decisões racionais, interesses objetivos e identidades fixas. Partindo da premissa de que as articulações discursivas não são uma construção retórica superficial atrás das quais se encontra uma causa ou explicação real, não se busca discutir quais foram as intenções e motivações dos formuladores da política externa quando decidiram pela participação do Brasil na missão da ONU no Haiti. Rompendo com as perspectivas convencionais acerca do papel da identidade e da diferença nos estudos de política externa, essa tese analisa os discursos e práticas dominantes de construção do estado moderno no Brasil, no século XIX e início do século XX, e como estes funcionam produzindo uma determinada compreensão do self estatal – e da relação entre self e outro. Tal movimento, empreendido a partir do estudo de duas narrativas de pacificação, permite tanto pensar sobre os discursos e representações que tornaram possível a decisão brasileira de liderar o componente militar da MINUSTAH, quanto refletir sobre as constantes tentativas, passadas e contemporâneas, de reproduzir e estabilizar uma identidade específica para o Brasil, e para aqueles que agem, dentro e fora, em seu nome.
This dissertation argues that the participation of Brazil in the United Nations Stabilization Mission in Haiti (MINUSTAH) may be understood beyond traditional explanations that understand foreign policy as a bridge between internal and international politics, resulting from rational decisions, objective interests and fixed identities. Based on the assumption that discursive articulations are not a superficial rhetorical construction behind which one may find real causes or real explanations, it does not aim to discuss the intentions and motivations behind Brazilian foreign policy decision makers resolution to participate in the UN mission in Haiti. Contrary to conventional approaches on the role of identity and difference in foreign policy studies, this dissertation analyzes dominant discourses and practices constructing the modern state in Brazil between the 19th and beginning of the 20th Century, and how these discourses and practices produce a specific understanding of the state self – and of the relation between self and other. Through the study of two pacification narratives, this movement allows one to think about the discourses and representations that made possible Brazil s decision to lead the military component of MINUSTAH; it also helps one to reflect on the permanent attempts – past and present – to reproduce and stabilize a specific identity for Brazil and for those acting in its name, both inside and outside.
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Joie, Thomas. "Titres et statuts territoriaux au Moyen-Orient". Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30032.
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Les titres et les statuts territoriaux occupent une place centrale en droit international en raison de la territorialité de cet ordre juridique. L’émergence des Etats du Moyen-Orient présente des spécificités historico-juridiques, qui sont en grande partie à l’origine des problèmes territoriaux actuels. En effet, dans la région étudiée, l’application des régimes de protectorat et de Mandat a eu une incidence considérable sur les titres territoriaux des Etats. Contrairement à la colonisation pure et simple, ces régimes territoriaux laissaient, en principe, subsister pour l’entité sous domination, une personnalité internationale distincte. Une telle situation intermédiaire a très souvent conduit à des interrogations sur les règles de droit international applicables. La présente étude envisage justement cette problématique : quels effets ont eu les régimes de protectorat et de Mandat sur l’établissement ou la modification des titres territoriaux ? L’objectif de l’étude est de contribuer à mettre en exerguel’origine des titres territoriaux au Moyen-Orient, pour mieux comprendre et analyser les problèmes territoriaux actuels dans la régionTerritorial titles and statuses occupy a central place in international law because of the territoriality of this legal order. The emergence of the Middle East States presents historical and legal specificities which are largely the sources of current territorial problems. Indeed, in the region under study, the application of Protectorate and Mandate regimes had a significant impact on the States territorial titles. Under these territorial regimes, unlike outright colonization, a separate international personality remained, in principle, for the entity under domination. Such an intermediate situation has often led to questions about the applicable rules of international law. The study considers precisely this issue: what effects have had the regimes of Protectorate and Mandate on the establishment or modification of territorial titles? The objective of thestudy is to contribute to highlight the origin of territorial titles in the Middle East, in order to better understand and analyze the current territorial problems in the region
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Elmerich, Jérémy. "Des imaginaires rivaux. Nationalismes britanniques et écossais, canadiens et québécois". Electronic Thesis or Diss., Valenciennes, Université Polytechnique Hauts-de-France, 2023. http://www.theses.fr/2023UPHF0037.
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Inscrite dans une sociologie historique du nationalisme, la présente thèse de doctorat s'intéresse à la confrontation des projets nationaux britanniques et écossais, canadiens et québécois, ainsi qu'à la mutation des références symboliques employées, dans l'horizon de la modernité. Cette trajectoire fait d'abord observer l'importance de ces rivalités, ainsi que des paramètres institutionnels propres à chaque État dans la construction des identités nationales en cause. Largement marqués par la concomitance, les itinéraires des nationalismes écossais et canadien-français, puis québécois, se distinguent non dans la manière dont les imaginaires qu'il déploient, mais quant à leur objet. Au sein de cette trame se déploie une analyse de discours portant sur les trois référendums d'autodétermination s'étant tenus au Québec en 1980 et en 1995, et en Écosse en 2014. Cette analyse est articulée autour de la notion totémique d'imaginaire national, empruntée à Benedict Anderson, laquelle fait l'objet d'un important effort de conceptualisation et d'opérationnalisation. À travers ces trois séquences référendaires portées à la comparaison, nous mobilisons un cadre analytique s'intéressant d'abord aux conceptions des identités nationales étatiques britannique et canadienne soutenues par leurs défenseurs, dans les rapports monistes ou pluralistes qu'elles entretiennent avec les identités subétatiques, dans l'affirmation de leurs historicités, de leurs fondements et de leurs fins, tant individuelles que communautaires. Puis, nous nous penchons sur les identités nationales subétatiques écossaise et québécoise, dans la manière dont les défenseurs de l'indépendance font valoir leurs ipséités respectives. À travers ces discours se font jour les termes d'une différence affirmée ; une différence dont les termes varient selon les acteurs, s'arrimant à la fois dans la mémoire collective (l'imaginaire rétrospectif), dans une compréhension spécifique du présent et des rapports à l'altérité qu'il consacre, tout en présumant le chemin à emprunter. C'est vers la manière dont les tenants de l'accession à la pleine souveraineté de ces entités envisagent l'indépendance que se voue le dernier temps de cette analyse de discours, révélant l'imaginaire prospectif d'acteurs y voyant la condition normale d'une nation, le moyen de résoudre une injustice historique par la rupture, la possibilité d'une autre société ou encore l'accession à la pleine maturité en forme de suite logique. À travers cette analyse sociohistorique soutenue par celle des discours référendaires se manifestent les mutations du nationalisme à travers la modernité. Elles se caractérisent par l'arraisonnement des imaginaires nationaux, la désubstantification des références collectives et la déflation de discours à teneur historique dont le mouvement pendulaire paraît de plus en plus magnétisé par un régime d'historicité où l'avenir, plus que le passé, fonde l'actionAs part of a historical sociology of nationalism, this doctoral thesis looks at the confrontation between British and Scottish, Canadian and Quebec national projects, and the mutation of the symbolic references employed, in the horizon of modernity. This trajectory first highlights the importance of these rivalries, as well as the institutional parameters specific to each state in the construction of the national identities in question. Largely marked by concomitance, the itineraries of Scottish and French-Canadian, then Quebecois, nationalisms differ not in the way they deploy their imaginaries, but in their object. Within this framework, a discourse analysis is carried out on the three referendums on self-determination held in Quebec in 1980 and 1995, and in Scotland in 2014. This analysis is articulated around the totemic notion of national imaginary, borrowed from Benedict Anderson, which is the subject of a major conceptualization and operationalization effort.Through these three comparative referendum sequences, we mobilize an analytical framework that looks first at the conceptions of British and Canadian national state identities supported by their defenders, in the monistic or pluralist relationships they maintain with sub-state identities, in the affirmation of their historicities, their foundations and their ends, both individual and communal.We then turn our attention to the sub-state national identities of Scotland and Quebec, in the way that advocates of independence make the case for their respective self-identity. Through these discourses, the terms of an asserted difference emerge; a difference whose terms vary according to the actors, anchored both in collective memory (the retrospective imaginary), in a specific understanding of the present and the relations to otherness it enshrines, while presuming the path to be taken. The final part of this discourse analysis focuses on the way in which the advocates of these entities' accession to full sovereignty envisage independence, revealing the forward-looking imaginary of actors who see it as the normal condition of a nation, the means of resolving a historical injustice through rupture, the possibility of another society or even the accession to full maturity in the form of a logical continuation.This socio-historical analysis, supported by that of referendary discourses, reveals the mutations of nationalism throughout modernity. They are characterized by the rationalisation of national imaginaries, the desubstantification of collective references and the deflation of discourses with a historical content, whose pendular movement seems increasingly magnetized by a regime of historicity in which the future, more than the past, is the driving force for action
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Bursian, Olga, e olga bursian@arts monash edu au. "Uncovering the well-springs of migrant womens' agency: connecting with Australian public infrastructure". RMIT University. Social Science and Planning, 2007. http://adt.lib.rmit.edu.au/adt/public/adt-VIT20080131.113605.
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The study sought to uncover the constitution of migrant women's agency as they rebuild their lives in Australia, and to explore how contact with any publicly funded services might influence the capacity to be self determining subjects. The thesis used a framework of lifeworld theories (Bourdieu, Schutz, Giddens), materialist, trans-national feminist and post colonial writings, and a methodological approach based on critical hermeneutics (Ricoeur), feminist standpoint and decolonising theories. Thirty in depth interviews were carried out with 6 women migrating from each of 5 regions: Vietnam, Lebanon, the Horn of Africa, the former Soviet Union and the Philippines. Australian based immigration literature constituted the third corner of triangulation. The interviews were carried out through an exploration of themes format, eliciting data about the different ontological and epistemological assumptions of the cultures of origin. The findings revealed not only the women's remarkable tenacity and resilience as creative agents, but also the indispensability of Australia's publicly funded infrastructure or welfare state. The women were mostly privileged in terms of class, education and affirming relationships with males. Nevertheless, their self determination depended on contact with universal public policies, programs and with local community services. The welfare state seems to be modernity's means for re-establishing human connectedness that is the crux of the human condition. Connecting with fellow Australians in friendships and neighbourliness was also important in resettlement. Conclusions include a policy discussion in agreement with Australian and international scholars proposing that there is no alternative but for governments to invest in a welfare state for the civil societies and knowledge based economies of the 21st Century.
28
Kinuthia, Wanyee. "“Accumulation by Dispossession” by the Global Extractive Industry: The Case of Canada". Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/30170.
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This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.
29
Cummings, Tracie Kuʻuipo. "Hawaiian sovereignty and nationalism : history, perspectives and movements". Thesis, 2004. http://hdl.handle.net/10125/11780.
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"Coordinating self-enforcement of national actors against transnational bribery". 2015. http://repository.lib.cuhk.edu.hk/en/item/cuhk-1290696.
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The enactment of the FCPA and the formation of the OECD Anti-Bribery Convention created two historical events for theoretical analysis: because the FCPA unprecedentedly criminalized transnational bribery in 1977, its wisdom was initially questioned. Then, since the Convention endorsed the FCPA approach in 1997, academic focus was shifted to the practical effect of the Convention in controlling transnational bribery-—which is also the topic of this study.This study develops argument based on an awareness of the limitation of a popular methodology in current literature-—the problem-solving paradigm. This paradigm is grounded in the rational-choice tradition, assumes signatories’ enforcement of the Convention as resulting from their self-serving purposes, labels the current level of Convention enforcement as “ineffective-enforcement”, and borrows solutions from conventional collective action theories to prescribe. This paradigm well explains why most signatories have brought few enforcement actions. Yet its excessive commitment to orthodoxies prevents scholars from grasping the uniqueness of the collaboration and prescribing successful solutions. Besides, it avoids explaining why some signatories have indeed enforced the Convention. A historical approach that draws causality from a process’s historicity is thus proposed as a supplementary methodology.
This study analyzes signatories’ compliance with the Convention by four steps: First, it explains a seemingly outdated but unexplained question—the dynamic of the institutionalization of the OECD anti-bribery collaboration, and finds that the central institutions did not result from signatories’ trading off conflicting values and interests, but from their attempts to coordinate demands of different stakeholders within given institutional contexts.
Second, this study explains why most signatories tend to defect rather than faithfully enforce the Convention, following the logic of the problem-solving paradigm: destabilizing factors in the indigenous collaboration encourage defection in the first place, and the monitoring program in the collaboration fails to resolve these destabilizing factors in the second place. More fundamentally, the surreptitious nature of transnational bribery fails central monitoring—a conventional effective solution to collective action problems.
This study then formulates a three-level solution model to address the monitoring problem: first, this model encourages private sector actors to report clues of transnational bribery so as to resolve the lack of first-hand information. Second, given the weakness of private sector actors in collecting solid evidence, this model stresses the dominant role of national prosecutors in the home country of bribe-paying companies to conduct in-depth investigations. Third, given that prosecutors may shirk duty because of protectionism, this model suggests to authorize prosecutors in the home country of victimized competitors the right to monitor the investigation process.
Forth, this study takes the US as an example to analyze the positive side of Convention enforcement. Given that FCPA enforcement is embodied in the SEC and the DOJ’s independent performance of their own statutory duties, this study reviews variation in the SEC and the DOJ’s enforcement efforts in past decades, and finds that this variation results from their adherence to their own missions in an evolving institutional context—which gradually incorporates their duties of enforcing the FCPA into their central missions.
美国的《反海外贿赂法》和世界经合组织的《关于反对在国际商务活动中贿赂外国公务人员行为的公约》（《公约》）为学界提供了两个重要课题：《反海外贿赂法》开创性地将跨国商业贿赂规定为犯罪，其合理性曾饱受质疑；《公约》将《反海外贿赂法》的精神推广到其他国家后，学界进而关注其执行效果，并提供政策建言—此亦是本文的论题。
本文的论述建立在对学界的“问题导向型”研究范式批判继承的基础之上：该范式植根理性主义传统，假定国家决策的自利属性，将《公约》的执行现状拟制为“非有效执行”，并试图从传统集体行动理论中借鉴对策。该范式阐释了为何多数缔约国执行《公约》乏力。然而其过于依赖传统理论，忽略《公约》项下集体行动的独特性，难以找准对策。同时该范式完全回避解释少数缔约国认真履约的现实。因此，本文在肯定该范式的理论贡献之上建议采用历史分析方法，从《公约》执行实践中总结经验，以为补充。
本文首先分析了《公约》项下反贿赂集体行动的制度化进程，发现《反海外贿赂法》和《公约》等核心制度的产生并非源自各缔约国对利益和价值的权衡取舍，而是立法者在既定的社会制度和价值体系中协调各主体的利益关切的必然选择。随后，本文立足于 “问题导向型”范式的理论成果，阐释了大部分缔约国不执行《公约》的原因：反贿赂集体行动存在着诸多结构性不安定因素，而《公约》项下的监督体制未能克服相关问题。《公约》项下集体行动问题需要系统的、三层次的应对模式：鼓励私人主体提供贿赂案件的原始线索；将私人主体获取原始线索的优势和公权力搜集确凿证据的优势整合；赋予受损的竞争者的母国对调查取证的参与权，促成缔约国相互监督。最后本文分析了美国日益激进的战略，发现其对《反海外贿赂法》的执行力度随着执法部门的执法义务和本部门中心任务的逐渐兼容而得以加强，其轨迹不同于理性主义对国家行为逻辑的预测。美国的激进战略客观上造就了国际规制竞争，为提高公约执行水平提供了新路径。
Liu, Lianlian.
Thesis (Ph.D.)--Chinese University of Hong Kong, 2015.
Includes bibliographical references (leaves 337-355).
Abstracts also in Chinese.
Title from PDF title page (viewed on 15, September, 2016).
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
31
Trainor, Audrey Ann. "Self-determination and postsecondary transition planning for culturally and linguistically diverse students with learning disabilities". Thesis, 2003. http://wwwlib.umi.com/cr/utexas/fullcit?p3116209.
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Timmerman, Lorna C. "Self-determination in transitioning first-year college students with and without disabilities : using MAP-Works for assessment". 2014. http://liblink.bsu.edu/uhtbin/catkey/1745386.
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This research project explored levels of self-determination in transitioning first-year college students using the MAP-Works Fall Transition Survey. Competency in self-determination skills has been called the most important element for students’ successful postsecondary experiences. The purpose of this research was to investigate whether there were statistically significant differences in levels of self-determined behavior between students with and without disabilities; and within the students with disabilities (SWD) grouping, whether there were meaningful differences in levels of self-determined behavior between students who had and had not registered with the Disability Services office and sought assistance. Comparisons of levels of self-determination were also made among students with varying demographic and student characteristics (i.e., gender, race, and GPA) as well as between SWD with visible and non-apparent disabilities. Gaining an understanding of how levels of self-determination differ among different incoming student groups can help success and retention strategists directly target interventions to students at risk and most likely to benefit. Recommendations for practice and future research are provided.Department of Educational Studies
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Samarasinghe, Ruwan P., University of Western Sydney, College of Law and Business e School of Law. "Tamil minority problem in Sri Lanka in the light of self-determination and sovereignty of states". 2005. http://handle.uws.edu.au:8081/1959.7/30155.
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This thesis analyses the Tamil minority problem in Sri Lanka in the light of self-determination and state sovereignty. State practice with respect to self-determination is discussed, in particular cases of Aaland Island, Katanga, Biafra and Bangladesh. Historical background, location and composition, as it relates to the Tamil minority problem in the country, are described, and the specific issue of self-determination in the Sri Lankan context of secession is dealt with. The research attempts to ascertain the legal conditions which would warrant secession.Master of Laws (Hons.)
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Smith, Alex J. "The possibility of stability in nationally diverse states". 2002. http://wwwlib.umi.com/cr/yorku/fullcit?pNQ82825.
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Thesis (Ph. D.)--York University, 2002. Graduate Programme in Philosophy.Typescript. Includes bibliographical references (leaves 240-266). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?pNQ82825.
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Zikamabahari, Jean De Dieu. "The attainment of self-determination in African states by rebels / Jean De Dieu Zikamabahari". Thesis, 2014. http://hdl.handle.net/10394/15828.
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Self-determination is a peoples' right to freely determine their political, economic and
cultural destiny without external interference. However, the cultivation of a culture of
respect for self-determination remains the greatest challenge to post-colonial Africa.
Dictatorships and other oppressive regimes very substantially affected Africa's efforts to
develop a culture of constitutionalism and respect for the right of peoples to selfdetermination.
Most African countries typify the failed effort of trying to establish an
enduring democracy and respect for the right of peoples to take part in the government.
After five decades of transition from colonialism to constitutional democracy, most
African peoples are still under the yoke of governments they consider undesirable or
oppressive. This work primarily sets out to investigate if the denial of the right of peoples
to self-determination justifies the use of force to secure such a right. Since
independence, Africa has experienced armed rebel groups seeking either to effect
radical transformation of the whole state or to separate from the state to which they
belong in order to create a new state. In the main, this study explores the extent to
which rebel groups acting on behalf of peoples are or are not allowed to use force for
the attainment of self-determination.
The thesis begins with an historical development of the right to self-determination in
international law. It initially examines how self-determination has developed from a
political principle to a legal right. Despite the fact that self-determination is one of the
core principles of the UN Charter, there are still many controversies over its precise
meaning, scope and application. The thesis considers the two aspects of selfdetermination:
external self-determination and internal self-determination. The external
aspect implies the right of people to form a new, sovereign and independent state,
whereas the internal aspect implies the right of people to participate in the political
framework of an existing state.
The thesis also assesses the state of the academic literature over the right of peoples to
self-determination, with a view to determining whether the right can be used by a group
of people whose internal self-determination has been denied to effect secession from
the state. It advocates that, outside the colonial context, the right of self-determination
does not equal to a "right to secession and independence". The thesis argues, however,
that in exceptional circumstances such as gross violations of human rights and the
denial of internal self-determination, people should be endowed with a right to
secession in the manifestation of a right to unilateral secession as a remedy of such
injustices.
The thesis further turns to the mechanisms for the protection of the peoples' right to
self-determination, the problems and challenges in Africa. The challenges do not only
include the legality of the use of force by rebel groups and national liberation
movements in seeking to attain self-determination, but also the right of other states to
assist them in their struggles. The work probes the nature of international law and
critically assesses whether the persistent denial of demands for self-determination led to
calls for drastic remedies, including the use of armed force. Before this theory is
critically assessed, the thesis defines the differences between national liberation
movements and rebel groups. It argues that as far as self-determination struggles are
concerned, there must be representative organisations acting on behalf of people
whose right of self-determination has been denied.
In the light of these contentions, the study examines the general ban on the use of force
as laid down by the UN Charter, and finds that the Charter does not expressly refer to
self-determination as a situation where people may resort to the use of force for the
attainment of such a right. It then turns to the history of and circumstance surrounding
the use of force, examines the jus ad bellum regarding "liberation struggles", and
concludes that the use of force by national liberation movements against colonial and
racist regimes has strong theoretical foundations and support in state practice.
Outside of the colonial and apartheid contexts, however, the argument that rebels acting
on behalf of oppressed peoples may legitimately use force in pursuit of selfdetermination
thus remains ambiguous. In that context, this thesis examines the
practice relating to the use of force by rebel groups and the laws of war provisions that
apply in civil wars, and concludes that none of them proves that the international
community of states accepts rebels' right to use force as a legal entitlement.
Finally, based on the lessons learned from and lacunae identified in all norms relating to
the enforcement mechanisms of the right of self-determination, this study concludes
with a set of suggestions and recommendations.LLD (Law), North-West University, Potchefstroom Campus, 2015
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Fabry, Mikulas. "International society and the establishment of new states : the practice of state recognition in the era of national self-determination". Thesis, 2005. http://hdl.handle.net/2429/16930.
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The dissertation examines recognition of new states, the practice historically employed to regulate
membership in international society. The last fifteen years have witnessed novel or reinvigorated
demands for statehood in many areas of the world. The claims of some, like those of Bosnia and
Herzegovina, Eritrea, Croatia, Moldova, Georgia or East Timor, achieved recognition; those of
others, like Kosovo, Krajina, Bouganville, Abkhazia, Somaliland or Chechnya, did not. However,
even as most of these claims gave rise to serious conflicts, the practice has elicited little systematic
scholarly reflection. Drawing upon writings of international society theorists, the dissertation looks
at the criteria that have guided recognition of new states. It charts the practice from the late
eighteenth century until the present. Its central finding is that state recognition has always been tied
to the idea of self-determination of peoples and not, as is conventionally assumed, only since the end
of the First World War. State recognition can be said to have (1) emerged as a coherent practice in
response to this idea and (2) evolved chiefly as a result of the continuous necessity to come to terms
with the dilemmas presented by this idea. Two versions of the idea have guided the practice - selfdetermination
as a natural and as a positive right. The former, dominant from the 1820s to the 1950s,
took as the standard for acknowledgment the achievement of de facto statehood by a people desiring
independence. The latter, prevalent since the 1950s, took as the basis of recognition a positive right
to independence in international law. The development of self-determination as a positive right,
however, has not led to a disappearance of claims of statehood that stand outside of its confines.
Groups that feel unhappy within the states they belong to have continued to make demands for
independence irrespective of the fact that they may not have an international right to it. The study
concludes by expressing doubt that contemporary international society can find a sustainable basis
for recognition of new states other than de facto statehood.Arts, Faculty of
Political Science, Department of
Graduate
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Bregaj, Anjeza. "Les motivations des acteurs étatiques dans les interventions humanitaires : les États-Unis face aux cas du Rwanda (1994), du Kosovo (1999) et du Darfour (2003 à 2008)". Thèse, 2011. http://hdl.handle.net/1866/6101.
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Ce mémoire vise à comprendre les motivations des États à intervenir militairement dans un autre État pour mettre fin aux violations graves des droits de l’homme tel que le nettoyage ethnique et le génocide. Plus précisément, nous cherchons à comprendre pourquoi il y a eu une variation dans la position américaine face aux cas de génocide au Rwanda en 1994, au Kosovo en 1999 et au Darfour de 2003 à 2008. À partir d’une approche réaliste en Relations Internationales qui met l’accent sur l’intérêt national égoïste comme facteur principal explicatif du comportement des États, nous procédons à l’étude des cas de la position américaine lors de trois crises humanitaires. Plus précisément, nous cherchons à comprendre la non intervention des États-Unis lors du génocide des Tutsis au Rwanda en 1994, l’intervention américaine au Kosovo en 1999, et enfin la non intervention américaine au Darfour de 2003 à 2008.
En somme, nos études de cas démontrent que c’est l’intérêt national qui motive les États d’intervenir ou de ne pas intervenir lors des cas de nettoyage ethnique ou de génocide. D’une part, lors du génocide des Tutsis au Rwanda en 1994, les États-Unis ne sont pas intervenus car l’intérêt national interprété comme le repli sur les affaires internes américaines ne serait pas maximisé par l’intervention militaire. Ensuite, l’intervention des États-Unis et de l’OTAN au Kosovo en 1999 est expliquée par l’intérêt national américain dans un contexte de l’après guerre froide d’approfondir son engagement sécuritaire en Europe et de préserver sa position hégémonique et son prestige sur la scène internationale, d’assurer la stabilité régionale et de préserver la crédibilité de l’OTAN. Finalement, l’intérêt national défini en termes de sécurité dans un contexte de la guerre au terrorisme explique la non intervention américaine au Darfour de 2003 à 2008.This master’s thesis seeks to analyze what motivates a state’s military intervention in another state in order to stop mass human rights violations such as ethnic cleansing and genocide. Particularly, it tries to explain the United States inconsistent behavior towards genocide and ethnic cleansing during the Rwanda 1994, the Kosovo 1999, and the Darfur 2003 to 2008 humanitarian crisis. Using arguments of the realist approach in International Relations, whose main explanatory factor for state behavior is egoistic national self- interest, this paper examines the United States position during these three human rights crisis. Specifically, we seek to understand the United States non intervention during the Tutsi genocide in Rwanda in 1994, the United States intervention in Kosovo in 1999, and finally the United States non intervention during the mass killings in Darfur in 2003 to 2008. These case studies demonstrate that shifting definitions of the national self-interest motivate states to intervene or not intervene in ethnic cleansing and genocide crisis. First, during the 1994 Tutsi genocide in Rwanda, the United States chose to not intervene because the national interest, defined as the concentration on domestic affairs, would not be maximized by a military intervention. Secondly, the United States and NATO military intervention during the Kosovo crisis in 1999 can be explained by the pursuit of national self-interest maximization: in the post cold war context, the United States seek to strengthen their security engagements in Europe, to preserve their position and prestige in the international arena, to ensure regional stability as well as the NATO credibility. Finally, it will be argued that the national security self-interests motivated the United States non intervention in Darfur 2003 to 2008.
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Robertson, Laura Elizabeth. "Autonomy and self-determination theory in different contexts a comparison of middle school science teachers' motivation and instruction in China and the United States /". 2010. http://www.lib.ncsu.edu/resolver/1840.16/6010.
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Shearar, Jeremy Brown. "Against the world : South Africa and human rights at the United Nations 1945-1961". Thesis, 2007. http://hdl.handle.net/10500/1278.
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At the United Nations Conference on International Organization in April 1945 South Africa affirmed the principle of respect for human rights in a Preamble it proposed for inclusion in the Charter of the United Nations. The proposal was approved and the Preamble was accorded binding force. While South Africa participated in the earliest attempts of the United Nations to draft a bill of rights, it abstained on the adoption of the Universal Declaration of Human Rights because its municipal legislation was incompatible with some articles. Similarly, South Africa did not become a party to the international human rights instruments the declaration inspired, and avoided an active role in their elaboration. Subsidiary organs of the General Assembly undertook several studies on discrimination in the field of human rights. They provided evidence that racial discrimination in South Africa intensified after the National Party came to power in May 1948 on the platform of apartheid and diverged from global trends in humanitarian law. The gap between the Union and the United Nations widened.
At the first General Assembly in 1946, India successfully asked that the treatment of persons of Indian origin in South Africa be inscribed on the agenda. The Indian question was later subsumed in the charge that South Africa's racial policies violated the Charter and in 1952 the General Assembly began to discuss apartheid. South Africa protested that these actions contravened Charter Article 2(7), which prohibited intervention in matters of domestic jurisdiction, and were ultra vires. Criticism of the Union increased in intensity, until in 1960 it culminated in calls for economic and diplomatic sanctions.
Research shows that South Africa was the main architect of its growing isolation, since it refused to modify domestic policies that alienated even its potential allies. Moreover, it maintained a low profile in United Nations debates on human rights issues, abstaining on all substantive clauses in the two draft covenants on human rights. These actions were interpreted as lack of interest in global humanitarian affairs. South Africa had little influence on the development of customary international law in the field of human rights but was a catalyst in the evolution of international machinery to protect them.Jurisprudence
(LL.D)
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Silva, Sébastian Jose. "Death for life : a study of targeted killing by States in international law". Thèse, 2003. http://hdl.handle.net/1866/2372.
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À la suite d'attaques terroristes massives est apparue une motivation féroce qui risque d'être manipulée pour
justifier des excès de force. Voulant prévenir des attaques armées contre leurs intérêts, certains États ont
adopté des politiques de « tuerie ciblée » pour éliminer de façon permanente des terroristes en sol étranger
qui menacent leur sécurité. II est pourtant illégal de tuer des individus en l'absence de conflits armes sans
égard au droit à la vie. La présente recherche tient à déterminer si, en vertu du droit international, des États
peuvent neutraliser par force des individus dangereux ou bien venir au secours d' otages en sol etranger. En
étudiant l'article 51 de la Charte des Nations Unies, un certain nombre de conclusions sont apparues,
notamment que des opérations pour « arrêter ou neutraliser » ne peuvent avoir lieu que dans des États qui
supportent des terroristes ou qui restent indifférents face à leur présence, et que I'expression « guerre contre
Ie terrorisme » ne peut permettre des «tueries ciblées » sans avoir à considérer les droits à la vie et à la
légitime défense. Puisque toute division entre les membres de la communauté internationale peut venir
limiter la prévention d'attaques, le fait que la coopération entre les États ayant abolis la peine de mort et
ceux ayant recours aux « tueries ciblées » puissent en souffiir fait l'objet de cet ouvrage. Ladite recherche
conclue que l'utilisation de « tueries ciblées » en dehors du contexte de conflits armés ne peut être permis
qu'en dernière mesure lorsque réellement nécessaire pour prévenir des attaques armées et protéger la vie.From the ashes of devastating acts of terrorism has arIsen a resolve so powerful that measures of counterterrorism risk being manipulated by states to justify excess. In an attempt to prevent armed attacks against their interests, a number of states have adopted policies of targeted killing to permanently incapacitate terrorists on foreign soil. The intentional killing of suspected offenders, however, cannot be lawfully carried-out by states in the absence of armed conflict without regard for the right to life. The following research attempts to determine whether it is permissible for nations to use force on foreign soil to . incapacitate dangerous individuals or rescue hostages under international law. By studying article 51 selfdefense of the United Nations charter, a number of conclusions are asserted, namely that operations to "arrest or neutralise" can only be carried-out in states that support terrorists or are complacent to their presence, and that declaring "war on terrorism" cannot allow governments to kill suspected terrorists in countries where there is no war, except in a manner that is reconcilable with the rights to life and selfdefense. Since division among members of the international community may ultimately diminish their ability to collectively suppress international terrorism, the potential for hindered cooperation between abolitionist states and those that carry-out targeted killings is also addressed. The current research concludes that targeted killings can only be justified outside the context of armed conflict when they are truly necessary as a last resort to prevent armed attacks and save lives.
"Mémoire présenté à la faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit (LL.M.)". Ce mémoire a été accepté à l'unanimité et classé parmi les 10% des mémoires de la discipline.
41
"The United Democratic Front as exponent of mass-based resistance and protest, 1983-1990". Thesis, 2012. http://hdl.handle.net/10210/5608.
Texto completo da fonteResumo:
D.Litt. et Phil.Non-violent mass-based protest and resistance by liberation groups have a long history in the South African context. Prior to the 1980s, they had achieved only minor and isolated successes. The formation of the United Democratic Front (UDF) in 1983 and its successful mass protest action against the state to 1990, changed the equation, however. The UDF's origin could indirectly be traced back to attempts from the 1950s to launch mass-based protest and resistance against the apartheid state. Calls for the formation of a united front against the South African State were made by various persons and organisations since the 1950s, but it was only by the 1980s that circumstances allowed the formation of a united front. Demographic realities, urbanisation, the legalisation of black trade unions, an educated leadership, the growth of a grassroots-based civil society among blacks, all contributed to make the formation of the UDF a reality. Protest against the government's tricameral system, initially provided the direct stimulus for the formation of the UDF during 1983 to 1984. By the end of 1984, the UDF had built up a wide support base to directly threaten the government's position. The result was several states of emergency through which the state endeavoured to crush the UDF-led opposition. The UDF's unique structure, which consisted of affiliates from all sectors of civil society, including black trade unions as an alliance partner, managed to survive the state's repressive measures, continued to pressurise the state so that by 1989, under a new head-of-state, the National Party "capitulated" and opened the door to real elections for a democratic South Africa. The UDF's strategies were aimed to mobilise the masses and through its mass-based action, bring maximum pressure to bear on the government. This strategic approach was executed by employing various tactics, which related to the classic methods of mass-based non-violent action. In the end, the state's security apparatus proved unable to cope with the UDF's relentless actions, offset by its inability to act effectively against the UDF as an entity, mainly because of its amorphous structure. Although other factors, such as economic recession, foreign sanctions, the ANC campaign to isolate South Africa, among other played a role, the UDF provided the crucial domestic impetus to illustrate to the South African government, that black resistance couldn't be suppressed and that the situation would continue to worsen. Seen against this background, it is unlikely that CODESA would have occurred as soon as it did without the activities of the UDF throughout the 1980s.
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Bao, Jia Ching, e 鮑家慶. "An Empirical Study on the Emergence and Evolution of Patent-Based Limited Exclusion Order Relief under 19 U.S.C. § 1337 by Using a Self-Compiled United States International Trade Commission Determination Database". Thesis, 2006. http://ndltd.ncl.edu.tw/handle/99036010193237165341.
Texto completo da fonteResumo:
碩士國立交通大學
科技法律研究所
94
This thesis can roughly be divided into two parts. Part One (Chapters 2 and 3) presents the historical and legal evolution of injunctive relief orders issued in "Section 337" unfair importation investigations from 1922 to 1974 (under the Tariff Commission) and from 1974 to 2006 (under the USITC, which is the main subject of this thesis). This thesis finds that extra-governmental legal pressure from the United States' main trade partners via the GATT, in combination with intra-governmental political pressure from the President (via the U.S. Trade Representative's Office) and Congress, forced the USITC to evolve a new form of exclusive order relief through administrative rulemaking processes. Part Two (Chapters 4 and 5) statistically analyzes the factual and legal bases supporting the USITC's historical issuance of General/Limited Exclusion Orders to test for the effects of bias in the USITC's decision-making. This thesis (which assumes that the USITC did not operate in a vacuum) statistically examines USITC's decisions to determine whether non-statutory factors may have affected the agency's decision-making process. (see Section 1.1.2). We also find that bias does not appear to play a statistically significant role in the USITC's decision-making process. This historical evolution in the legal structure of Section 337 created a more balanced, equitable, and trade-friendly enforcement tool to protect U.S. intellectual property rights in international trade.
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Staňková, Olga. ""Lepší Rudý než mrtvý!": Boj Amerických Indiánů za právo na svrchovanost v 60. a 70. letech 20. století". Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-339159.
Texto completo da fonteResumo:
In my thesis, I argue that the Native American activism of the 1960s and 1970s does not fall into the category of Civil Rights Movement because of its significantly different goals, and that the fundamentally different character of sovereignty rights also keeps the Indian struggle invisible in American understandings of U.S. political and social history. According to my analysis, the terms tribal sovereignty, self-determination, and treaty rights describe the ultimate goals of the Native American activists in the 1960s and 1970s the best. The decade between 1964 and 1974 witnessed the rise of radical Indian activism, which succeeded in reminding the general public and politicians that Indians are still present in the United States. Furthermore, it influenced a whole generation of Native Americans who found new pride in being Indian. However, this current of American activism is not known so well by the general U.S. public. This thesis will describe this state as "selective visibility" deriving from U.S. selective historical memory, only noticing and remembering those events and images concerning Native Americans that can be simply understood, somehow relate to the U.S. set of values, and fit in the national historical narrative.