Digital Commons Network^™

Child Rights: The Prevalence Child Abuse And Neglect In The Nigerian Family Context, Chiluba Kosidinma Edo

Theses and Dissertations

Child abuse and neglect is an international enemy of child development. Around the world, child abuse and neglect are said to account for child mortality. The warning signs of child abuse and neglect are not always obvious. Child abuse, which is multi-faceted, includes exploitation, physical and sexual abuse, neglect, and emotional abuse. Specifically, child maltreatment constitutes neglect and all shades of abuse and exploitation, which result in actual or potential harm to the child’s health, continued existence, development, or dignity in the context of a relationship among others. Every existing society is made up of children who are seen as …

An Examination Of Dowry Deaths In India Under International Human Rights Law, Rajinder Singh

Theses and Dissertations

The practice of dowry in India has been theoretically linked to, a number, of factors, including the nature of residence and inheritance system, women's role in production, kinship organizations, relative availability of potential spouses, and social stratification in society. The dowry system has paved the way for women to become victims of innumerable social evils such as female feticide, female infanticide, child marriage, domestic and family violence, dowry deaths and bride burning. To curtail the dowry system, various states of India since 1950 have passed several legislations and the Central Govt. (Parliament of India) has enacted the Dowry Prohibition Act,1961 …

Humanitarian Protection In International Refugee Law, Sexism And Exclusion: Case For Human Rights Assessment, Carol Ijeoma Njoku

Theses and Dissertations

The overall purpose of the 1951 Convention Relating to the Status of Refugee (Refugee Convention) and its 1967 Protocol is to protect refugees fleeing persecution and threat to life. Established in the aftermath of World War II (WW II), Article 1. A(1) of the Refugee Convention centered the meaning and criteria for refugee protection on the circumstances of the War. Thus, the status of a refugee is framed from persecution feared or suffered “on account of” race, religion, nationality, political opinion, and membership in a particular social group. More than seven decades after WW II, the scope of the definition …

Current International Legal Measures For The Protection Of Children Used In Armed Conflicts: Recommendations For The Resolution Of The Problem, Elliot Bibaje

Theses and Dissertations

War is not new; Armed Conflicts are not new. The use of Children in Armed Conflicts is not new. From Afghanistan, Syria, Yemen, Nigeria, Sudan, Democratic Republic of Congo (DCR) and the world over, children are being used in Armed Conflicts. These have led to crime, criminality, diseases, rape destruction of basic infrastructure, the eco system and future of the dead, living and unborn generation.

Despite International legal instruments put in place to curb the use of children in Armed conflicts, in the area International Human Rights and Humanitarian Law, Labor Law and International criminal Law, the use of children …

The Legal And Regulatory Aspect Of International Cybercrime And Cybersecurity: Limits And Challenges, Nnesochi Nweze-Iloekwe

Theses and Dissertations

The development of the internet and digital technologies represent a major opportunity for humanity in transforming businesses and providing new tools for everyday communication. Internet users are spending increasing amounts of time online and undertaking a greater range of online and social networking activities. However, just like a double edged sword, the internet also presents opportunities to cybercrimes in the Information society. The nature of some ‘traditional’ crime types has been transformed by the use of computers and other information communications technology (ICT) in terms of its scale and reach, with risks extending to many aspects of social life, such …

Internally Displaced Persons & Covid-19 Under International Law, Bezawit G. Abebe

Theses and Dissertations

The issue of Internally Displaced Persons (IDP) has been overshadowed by global attention on those who flee across an international border, recognized as refugees. In most cases, the only difference between IDPs and refugees is crossing an international border. This research examines the plight of (IDPs) from the perspective of international law and the additional vulnerabilities the Covid 19 pandemic brought them. The rapid growth of IDPs due to wars and disasters is concerning. Furthermore, the challenges for these already vulnerable IDPs are exacerbated by the Covid-19 global pandemic. The authority to regulate IDPs and their rights is left to …

Impact Of The “War On Terrorism” On Development Of International Criminal Law, Ayser Alhelme

Theses and Dissertations

This research elucidates international terrorism by reviewing the stages of sociological analysis of terrorism, and by analyzing its theoretical framework. This research traces the historical development of the prevailing uncertainty by which it is characterized. Implications on global security leads us to study international legal development to counter international terrorism that has engulfed entire human societies. The objectives include highlighting international terrorism, and the counter-terrorism measures on part of the international community as it develops international criminal law to handle the problem.

The Effect Of Culture And Religion On Enforcement Of International Arbitration Awards In Iran, Atoosa Zeinali

Theses and Dissertations

My goal in this dissertation is to explore some of the rules of Sharia with regard to the arbitration and reduce this level of non-recognition of the Islamic legal system by the West. Also, I am going to analyze the Iranian culture and its effect on enforcement of international arbitration awards and suggest some solutions to reduce the cultural obstacles m the enforcement of foreign arbitration awards.

Protecting Women Under The International Humanitarian Law: A Study Of The Social, Cultural, And Political Conditions In Iraq And Palestine That Have An Adverse Affect On Women, Nour Mawloud Najeeb Fnish

Theses and Dissertations

This doctoral dissertation examines and studies the protection of women rights under International Humanitarian Law, (also “IHL”) within the context of the social, cultural and political and political conditions with particular reference to the women of Iraq and Palestine. Women in these two countries have suffered unparalleled difficulties that have been afflicted upon them by conditions of war. For a long period in the history of those countries, women as indispensable managers of their families have had to contend with varying challenges necessitating protection under international humanitarian law. This is even more required during periods of war and armed conflicts. …

Civil Liberty Comparative Study Between The United States And France, Gustave A. Lele

Theses and Dissertations

This presentation will present and analyze the French and the United States' system of "freedom and civil rights." This presentation will outline the history of each country's legal system, and their constitutions. It will define the differences between the Executive Branch, Legislative Branch, and Judicial Branch of each country. It will compare each country's ideology, philosophy and ways of thinking due to the history of their own democracy. The presentation will analyze and compare each country's civil liberties, court systems, and counter-terrorism laws recently enacted. It will make an in-depth analysis of the way each country "negotiates," which affects their …

International Human Rights : The Protection Of The Rights Of Women And Female Children In Africa : Theory And Practice, Eleazar Echezonachi Otiocha

Theses and Dissertations

Many governments all over the world have enacted laws and regulations to promote and protect the rights of women and female children. A lot of laws have been put in theory to give women equality with men. In reality or practice, many women all over the world still find it difficult to realize their rights. This study attempts to look at how far the laws on women rights, that is the law in books has become the law in practice/reality in many African states with Nigeria as a case study. This study acknowledges that in theory many African states have …

The Crisis In Darfur: An Opportunity For The United Nations To Reclaim Its Status As Standard Bearer For Peace And Security For The International Community, Leilani F. Battiste

Theses and Dissertations

Since early 2003, the western Darfur region of the Sudan has been subjected to a massive campaign of ethnic violence that has claimed the lives of almost 400,000 civilians, and has created nearly 2 million internally-displaced refugees or refugees that have fled to camps in neighboring Chad. Despite the unmistakable tragedy that has occurred and continues to occur, the international community has utterly failed to respond. The United Nations has taken almost no leadership role in abating or even stopping the crisis. Debate over whether the term "genocide" should be used to describe the ethnic cleansing and displacement of nearly …

The Use Of Offender Profiling Evidence In Criminal Cases, Norbert Ebisike

Theses and Dissertations

This dissertation examined the use of offender profiling evidence in criminal cases. The meaning, history, approaches and legal admissibility of offender profiling have been discussed. The introduction of offender profiling into the courtroom has been controversial, problematic and full of inconsistencies. This dissertation therefore, examined the central problems with offender profiling evidence, and answered such questions as - Is offender profiling impermissible character evidence? Who is qualified to give expert profiling evidence? Is offender profiling too prejudicial than probative? Is offender profiling an opinion on the ultimate issue? Is offender profiling sufficiently reliable as to be admissible? This dissertation has …

The Need For International Legal Protection Of Sea Turtles And The Enforcement Of Seafood Ecolabelling Standards, Lalaina N.R. Rakotoson

Theses and Dissertations

The migratory nature of sea turtles makes their protection difficult and that causes the failure of International environmental law to protect them. Despite years of concern for sea turtles and the threats to them no rule of national law and no single international environmental agreement are capable of effectively protecting sea turtles. Sea turtles have been protected through domestic environmental laws such as the US Endangered Species Act. Section 609 requires countries exporting shrimp to the US to equip their trawlers with Turtle Excluder Devices (TEDs). This is an analysis of the need for global legal protection of sea turtles …

The Major Influences Of The U.S. Constitutional Law Doctrines On The Interpretation And Application Of The Constitution Of The Republic Of Korea : Critical Analysis On The Current Constitutional Court's Decisions And Thoughts Of The Necessity Of Amendment Of The Current Constitution Of The Republic Of Korea, Hanjoo Lee

Theses and Dissertations

Since the end of World War II, the United States has affected constitutionalism in many countries of Asia. The United States occupied the Philippines (1898-1946, except 1943-1945), Japan (1945-1952), and South Korea (1945-1948) and encouraged democratic revolution there, with different polices and results. The U.S.A. Military Government in Korea ("USAMGIK") directly governed southern part of Korean Peninsula from its liberation in 1945 until the establishment of the Constitution of the Republic of Korea with declaration of beginning of independence in 1948. Although Americans did not participate in drafting the Constitution, USAMGIK gave its essential backing to the autonomy of Korea's …

Transitional Authority In Iraq : Legitimacy, Governance And Potential Contribution To The Progressive Development Of International Law, Zakia Afrin

Theses and Dissertations

This work is intended to accomplish a number of objectives, including, among others: 1. An analyses, syntheses and examination in depth of all the international instruments relating the to formation of a Transitional Authority, the extent of its authority and the ecologies of effective authority. 2. A description of the foundation, legality and procedures undertaken by the Iraqi Transitional Authority; provision of a critical analysis of the same. 3. A suggestion of ways and means of implementation, compliance and enforcement of existing international norms related to Transitional Authorities and recommend modes of developing the jurisprudence in this area of law.

Legal Protection Of Sui Generis Databases, Chana Rungrojtanakul

Theses and Dissertations

It is undeniable that databases are an essential building block of the Information Society. Today, every business in developed countries operates fully based upon clientele databases, economic statistics, and industries profiles; and innovation and invention rely heavily on collections of facts, data and information that scientists discovered in research and development or exchanged among them. Legislatures have envisaged a need and significance of the free flow of access to information, thereby prescribing copyright protection only to creative selection and arrangement of the contents of databases, not the factual contents contained within. However, the advent of technology avails unconventional methods of …

Argentine "Dirty War" : Human Rights Law And Literature, Alexander H. Lubarsky

Theses and Dissertations

In 1973 Gen. Juan Domingo Peron was voted into office as President of Argentina after an 18 year exile. He died the following year in 197 4 when his second wife, Isabella Peron, served as his successor. In 1976 the military overthrew Isabella Peron as part of their "calling" to restore law and order to a chaotic Argentina. To do so, the military declared an all out war on any sectors of life which could be viewed as a threat to the maintenance of military rule. This objective, offic-ially known as the "Proceso" but dubbed by the public as the …