Дисертації з теми "Law (except legal practice and international law)"
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Steiner, Hrafn. "Cyber operations, legal rules and state practice : authority and control in international humanitarian law." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-142944.
Повний текст джерелаTrefethen, Amanda L. "The space between| On the emergence of an international legal practice of human rights." Thesis, University of California, Irvine, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10246240.
Повний текст джерелаThere is a lacuna in our understanding of what it is to have legal human right. While moral philosophers frequently address what it is to have a human right, qua human, and legal philosophers discuss what it is that constitutes a legal right, it is not yet clear what it is to have a legal human right distinct from these pursuits. It is generally agreed that not all human rights in the international practice are legal rights for everyone. Legal effectiveness is largely dependent on treaty ratification and domestic commitments. However, this inequality in the effectiveness of legally claimable rights poses a crucial problem for the international practice of human rights, which takes universality and the demands for equitable treatment as central aims of that practice. This dissertation aims to examine this problem and to discuss the state of the emerging legal practice of human rights. It offers a measure, through a standard of adjudicability, for recognizing when legal human rights claims have become effective. The goal is to provide clarity on how this legal practice of human rights might properly emerge in keeping with its own founding principles.
Heidemann, Maren. "Methodology of uniform contract law : the UNIDROIT principles in international legal doctrine and practice." Thesis, University of Nottingham, 2005. http://eprints.nottingham.ac.uk/12078/.
Повний текст джерелаRoberts, Anthea Elizabeth. "Is International Law International?" Phd thesis, Canberra, ACT : The Australian National University, 2017. http://hdl.handle.net/1885/124611.
Повний текст джерелаWeiß, Norman. "Ulf Häußler, Ensuring and enforcing human security : the practice of international peace missions ; legal framework, military operations, political ramifications [rezensiert von] Norman Weiß." Universität Potsdam, 2008. http://opus.kobv.de/ubp/volltexte/2009/3658/.
Повний текст джерелаBatteni, Nasser. "Law and practice of international carriage of goods by sea under English and Iranian maritime law : (legal disputes arising from Charter-parties and Bills of Lading)." Thesis, Glasgow Caledonian University, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.384988.
Повний текст джерелаEtemire, Uzuazo. "Law and practice on public access to environmental information and participation in environmental decision-making : a comparative analysis of Nigerian legal regime with international best practice." Thesis, University of Strathclyde, 2014. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=25556.
Повний текст джерелаSmets, Michael. "Doing deals in a global law firm : the reciprocity of institutions and work." Thesis, University of Oxford, 2008. http://ora.ox.ac.uk/objects/uuid:48185e10-6537-4305-8af3-8ccb27a07ebb.
Повний текст джерелаEva, Mihalik [Verfasser], Hans-Joachim [Gutachter] Heintze, and Pierre [Gutachter] Thielbörger. "Building sustainable peace: From practice to law \(\textit de lege ferenda}\)? : Legal assessment of the concept "post-conflict peacebuilding" / Mihalik Eva ; Gutachter: Hans-Joachim Heintze, Pierre Thielbörger ; Institut für Entwicklungsforschung und Entwicklungspolitik, International Development Studies." Bochum : Ruhr-Universität Bochum, 2017. http://d-nb.info/1148752072/34.
Повний текст джерелаTkatova, Rima. "Approches post-soviétiques du droit international : essai sur le renouvellement de la doctrine et de la pratique internationales." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30067.
Повний текст джерелаInternational law is a « common language » but the vision of international law is far from being universal. It is a « multiplicity of particular national, regional, individual, institutional visions of international law. One can speak of the existence of regional American, Latin American, European, Asian, African approaches of law, but what about the geographical region of the former Union of Soviet Socialist Republics? In the XXth century one spoke about the Soviet conception of international law, which was a complex phenomenon, having its roots in the Russian legal school, combining the multiculturalism of the Russian Empire and the Soviet state and causing the division of the world into two blocks : Western and Soviet. For over twenty years that the Soviet Union no longer exists and the former Soviet states became independent and sovereign actors in the international arena. Can we therefore speak today about the existence of national approaches to international law of each state of the former USSR ? The objective of this thesis is to present the current state of doctrine and practice of the post-Soviet international law, considering the renewal of approaches of foreign policies of the post-Soviet states, and doctrinal concepts of international legal scholars. Does the post-Soviet doctrine of international law exist ? The contemporary international law is faced with challenges such as regionalization, globalization and the establishment of the rule of law in international law. Faced with these challenges, the doctrine and practice post-Soviet international law have been renewed. What approaches the post-Soviet states adopt in response to the contemporary challenges of regionalization, globalization and the establishment of the rule of law in international law?
Lin, Kao-Chih, and 林高智. "A Study on the Legal Regime Practice Of Eastern Taiwan Waters’ Law enforcement under International Law." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/72116676238736427182.
Повний текст джерела國立臺灣海洋大學
海洋法律研究所
93
The thesis is aim at theory and practice to complement each other. The intensions were covered the issues of maritime law enforcement and maritime affairs. The relevant legal system are included the adoption of academic theories and the implementation of authorities. Therefore, the aspects of studying are probe into more diversified and probably can’t focus on single issue. The purpose is pay more concern about east coast of Taiwan that long-term lack of focusing through emerging the issues to the surface. All the data in this thesis were collected via library Internet to condense the categories about how to regulate the legal system of maritime law enforcement and the relevant documentation of papers, academic theories, law articles, treaties, Conventions, and agreements, etc. and also using the practical incidents recently occurred in the eastern water areas. Through the lesson learned from media reports and self-experiences, the author conducts the historical review approach to investigate the evolution processes of domestic and international legal systems on maritime law enforcement for predicting the future development trends and logically integrated through concluding and comparing methods. Hoping that the nation’s law enforcement cannot only conform to the viewpoints of international law but also considered the dignity of coastal state’s sovereignty for consolidating the stance of nation’s maritime law enforcement and promoting the capabilities. Therefore, the structure of this thesis is covered with the importance of Asia-Pacific regional security from the geopolitical situation of Taiwan eastern water areas to the existing disputes among Taiwan, Japan, Philippines and China in the west Pacific. Such as territorial sovereignty, sea area demarcation, maritime jurisdiction and fishing etc. Based on the articles of international law, the eastern water area of Taiwan was facing the issues, such as the disputes of law enforcement and legal systems on maritime jurisdictions of adjacent inner water, territorial sea, adjacent area, exclusive economic zone, and continental shelf, etc. needed to negotiate with neighboring coastal states. Anticipating that Taiwan can reverse the past concepts of “Valuing land, ignoring sea” “Giving weight to west, looking down on east” to establish an ecological, secure, and prosperous ocean state.
Hung, Chyi-Rung, and 洪期榮. "The Theory and Practice of Extradition Law-An Exploration on Taiwan's Legal Regime From International Extradition Law." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/58yt88.
Повний текст джерела國立臺灣海洋大學
海洋法律研究所
101
Abstract Extradition refers to the requesting state with criminal jurisdiction, for the purposes of prosecuting or raising trials for criminals, or enforcing sentences to criminals, in accordance with bilateral treaties, principles of reciprocity or international comity, proposes to return criminals back from the requested state. Whereas the diversified and internationalized criminal patterns plus more organized manner of crime and convenience in transportation, the cross-state (cross-border) crimes such as money laundering, organized crime, financial fraud, drug transportation, destruction of environment and terrorism, often make a use of differences among cross-national legal systems to avoid legal sanctions. The mutual judicial assistance for criminal matters is the most effective lawful procedure to defeat international crimes, wherein the extradition is the most effective judicial activity hunting for the fugitives. However, over the past decades of years, our country had weaker status being positioned internationally, and our national sovereignty has been challenged, especially under China’s suppression, Taiwan (R.O.C.) never concluded with any formal extradition treaties with a majority of countries. Therefore, how to strengthen degrees of cooperation between our country and international community on mutual judicial assistance in criminal matters and defeating international crimes jointly become the issues needing urgent solution. On the aspects of research methods, the Study first focuses on literature analysis, so as to integrate and establish complete series of knowledge and provide information for any solution to the problems effectively, as well as create independent thinking system, insights and concepts to serve as the theoretical base of the Study hereof. Further, a comparative study method was used to describe the facts and valued comments, systemically describe, compare and analyze more than two systems or facts, as well as identify differences or the pros and cons between them as the references to resolve the problem or improve the system containing base for system reform. Finally, a synthetic induction method was used to induce the literature analysis method and comparative study method stated above, which were served as the research methods to construct the regime of law of extradition. In this study, a synthesis method was used to combine and induce all analysis of literatures, inputs of experts and scholars, references of cases studies, historic international conventions and international practices, then, identify solution to the problems and regenerate new perspectives and new theories for references of amendments to “Extradition Act" and "Cross-strait Judicial Assistance Agreement”. For the legal aspects of extradition, the Study firstly discusses the theory and practice of customary international law, including extradition of general principles of law and international practices, then followed by an interpretation of international conventions or the clauses as to extradition prescribed in regional multilateral conventions, where we learned that a majority of the contents in the international convention originate from customary international laws and expressed with a manner of convention for creation of codified international laws. Besides, many presidents of states or diplomatic representative were involved with severe degrees of serious international crimes, such as war crimes, the crime of aggression, genocide and against humanity, with which any claim pertain to the immunity right shall be raised and any extradition shall be rejected; this Study also discusses international practices and some international conventions such as 1961《Vienna Convention on Diplomatic Relations》, and 《International Criminal Court Statute》(ICC Statute) and so forth. On the examination procedure of extradition, as a result of difference among legal systems across nations, including applications of examination procedure for extradition, in this Study, a comparison of their pros and cons was also conducted through referring to the relevant judicial systems across nations and domestic ones. In addition, EU passed 《Framework Decision on the European Arrest Warrant and the Surrender Procedures》(FDEAWSP)in 2002, which abolished the extradition system across EU countries and replaced by surrender system that it classified the request as a simple judicial case, eliminating the rights of examination owned by the administrative authorities; there is a separate reviewer acted by a judiciary authority verifying approval or rejection of the examination request. In this Study, an interpretation of the differences between FDEAWSP and traditional extradition system was also done to expect the provision of references for the operation of judicial practices in our country. On the aspect of amendments to “Extradition Act (R.O.C.)”, even though it is a base of criminal extradition, it remained unchanged and is not in line with the contemporary international convention and customary international law, which causes failure of some provisions to deploy its full performance on international judicial cooperation; in view of the practice, it also is caused from the absence of legal base for enforcement of extradition measures. Therefore, this Study also refers to the criminal codes of nations across countries, bilateral extradition treaties, international conventions and laws of international organizations, further draft amendment of provisions stipulated in the “Extradition Act” to facilitate progress of extradition proceedings and achieve purposes of criminal prosecution and punishment. Finally, due to reason of the tiny feasibility of the bilateral extradition treaties entered between Taiwan (R.O.C.), positioned unique around the world, and non-diplomatic states, we shall take other alternative measures as a provisional mode for extradition under a premise of non-violence of international extradition system; besides, we shall start with minor legal assistance in criminal matters and conclude with Mutual legal Assistance Agreement with non-diplomatic states to strengthen level of relationship between Taiwan (R.O.C.) and international community. For the issues raised on surrender of cross-strait criminals, the two sides shall intend to normalize the mutual assistance in criminal justice and negotiate to amend the contents of "Cross-strait Mutual Judicial Assistance Agreement” based on mutual trust and reciprocity, enabling to comply with the relevant legal principles of international extradition systems and facilitate process of surrender of cross-strait criminals, and promote efficiency of cooperation on defeating crimes.
Olivier, Michèle Emily. "International law in South African municipal law: human rights procedure, policy and practice." Thesis, 2002. http://hdl.handle.net/10500/743.
Повний текст джерелаLaw
LL. D. (Law)
Chia, Chih-Kuo, and 賈治國. "A Study on the Legal Regime and Practice of the Temporary Enforcement Line under International Law." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/34269376089245662294.
Повний текст джерела國立臺灣海洋大學
海洋法律研究所
96
After promulgated in 1982, United Nations Convention on the Law of the Sea settled the theoretical ground for international laws on the coastal state’s claim of territorial sea, contiguous zone, exclusive economic zone and continental zone. As states actively expand their maritime scopes, the disputes on jurisdiction overlapping and delimitation keep raising. With the limited opposite distance between Taiwan and Japan, the exclusive economic zones of each state’s are highly overlapped, also becoming fishery disputes and related problems. To get over this constraint, Taiwan with equilibrium principle tries to negotiate an ultimate line between Taiwan and Japan. However, under the current international circumstance of one-China-policy, it is rather hard for Taiwan to negotiate with Japan for the delimitation of exclusive economic zone. Therefore, Taiwan claims the Temporary Enforcement Line as an interim measure to secure maritime jurisdictional interests which belong to exclusive economic zone. Though this Temporary Enforcement Line is claimed with the equitable principle, if we review it with the perspectives of international laws and relevant practices, there seems to be not aligned to the legal system. For all Taiwan claims that Temporary Enforcement Line is not the ultimate resolution for the boundary of exclusive economic zone and fishery sovereignty, it is closely connected with perspectives of the scope of exclusive economic zone, when we exam it from the angles of motive, purpose and delimitating principle. Furthermore Taiwan’s practice has made the Temporary Enforcement Line become the substantial scope to secure the maritime jurisdiction of exclusive economic zone. This dissertation will analyze international laws, legal precedents and practices to research the basic rules of delimitation of exclusive economic zone. Then it should cite the research to review the methodology for the delimitation of Taiwan-and-Japan’s exclusive economic zone and justify Taiwan’s scope to conclude a reference for modification of the Temporary Enforcement Line.
Lin, Chih-Chi, and 林熾琦. "A Study on the Legal Regime of Marine Protected Area in International Law and State Practice." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/14888415778293897796.
Повний текст джерела國立臺灣海洋大學
海洋法律研究所
97
Marine Protected Area is concerned as an important method to maintain biodiversity and to save endangered species. The conservation and management of marine living resources is discussed in many International Conventions. Besides, many developed countries are devoted to protect marine resources and to establish various Marine Protected Areas. Accordingly, the protection about biodiversity and the sustainable development on resources have become universal consensus. Taiwan is surrounded and influenced by sea and is blessed with bountiful resources, especially in coral reef ecosystems. Except Dongsha Marine National Park established in 2007, Penghu, Lyudao and Lanyu all have abundant coral resources and also need to be protected. Positively, our local appreciations for ocean is far below than other coastal states. Most of the Marine Protected Area regulations made are incomplete and unsuitable with relevant ocean protection work divided into separate office divisions resulting in ineffective management. Most Marine Protected Area regulations are incomplete and relevant ocean protection works disperse in different institutions resulting in ineffective achievements. In order to effectively display Maine Protected Area’s function, the first goal is to complete relevant regulations and to make reasonable policies and regulations. The target of this thesis is to provide suggestions in Marine Protected Area’s regulations and policies after consulting relevant regulations applied in international policies, international customary laws, international treaties and other state practices. It is expected that Taiwan is able to complete Marine Protected Area’s regulations to reach the goal of the sustainable development. Therefore, Taiwan may achieve the purpose of being a virtual marine State and create a new ocean era.
Chang, Cha-Wei, and 張家維. "A Study on the Legal Regime of International Multimodal Transport of Goods in International Law and State Practice of Taiwan and China." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/60853257667073489540.
Повний текст джерела國立臺灣海洋大學
海洋法律研究所
98
International multimodal transport is in the booming development in recent years. It involves at least two modes of transport (such as railway, sea, land transportation and airway) between at least two states. Besides, it provides more efficient and more safety service in door – to – door transportation, hence, multimodal transport plays a significant role in the international transportation There is no specific and unify legal support to the multimodal transport so far. However, “United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Rotterdam Rule)” took effect in 2009, the new legal regime will affect the multimodal transport and sea carriage. Although the status quo of the relationship between Taiwan and China is much closer than ever, most of transportation regulations which made are incomplete and unsuitable. Therefore, the target of the thesis is to explore the multimodal transport regulations after consulting relevant regulations applied in international conventions, the maritime law in Taiwan and People’s Republic of China. It is expected to provide few useful suggestions on modifying Taiwan’s maritime regulations and laws.
TSAI, WEN CHENG, and 蔡文政. "A study upon the legal Regime and practice for Taiwan\'s Juvenile Correction Arising from the International Human Rights Law." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/bww7ay.
Повний текст джерела國立臺灣海洋大學
海洋法律研究所
107
As a result of the transformation of social structure and economic development, juvenile delinquency often shows different patterns. How to achieve the corrective effect after juvenile delinquency will be the real goal of juvenile delinquency correction. During this crime correction process, the human rights of juvenile offenders are often the focus of attention of the general public. According to the term "human rights ", the term refers to the rights of the people. "Human rights " is the value of universality. This is because, despite the different identities of people, human rights are no different. In short, human rights are fundamental rights that individuals or groups should enjoy as human beings. For a long time, the issue of human rights with regard to crime correction has been seen as a weak issue that has been neglected and even ignored. As the physical and mental development of juvenile offenders continues, the crime correction is essential to their future personality. That's why their rights should be given more consideration. In the course of the evolution of juvenile delinquency correction, an inappropriate punishment method is gradually replaced by education. From the perspective of international human rights, this paper probes into the practice of juvenile delinquency correction from the perspective of the normative content of international human rights laws.
Scholtz, Jacobus Francois. "The duty on the bank issuing a letter of credit to return the documents : legal perspectives from Canada, England and South Africa." Thesis, 2015. http://hdl.handle.net/10210/14001.
Повний текст джерела