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Geographical Indications And Development In The Third World: Towards A Strategic Approach Of Intellectual Property Rights In Jamaica - The Case Of Blue Mountain Coffee, Marsha Simone Cadogan Sep 2016

Geographical Indications And Development In The Third World: Towards A Strategic Approach Of Intellectual Property Rights In Jamaica - The Case Of Blue Mountain Coffee, Marsha Simone Cadogan

PhD Dissertations

The dissertation is a critical analysis of, and engagement with agricultural and food based geographical indications, the politics of development and international relations, and the prospects of forming reformist linkages between geographical indications and development in Jamaica and the Caribbeans intellectual property landscape. A net importer of intellectual property, Jamaica has yet to fully claim intellectual property as its own.

The dissertation proposes that geographical indication schemes should be envisaged, and practically function as part of Jamaicas development policy. This approach calls for a reformist approach to intellectual property in Jamaica, which includes an awareness of the pitfalls of being …


Confronting (In)Security: Forging Legitimate Approaches To Security And Exclusion In Migration Law, Angus Gavin Grant Apr 2016

Confronting (In)Security: Forging Legitimate Approaches To Security And Exclusion In Migration Law, Angus Gavin Grant

PhD Dissertations

Perceived connections between security concerns and migration are a central preoccupation of our time. This dissertation explores how the preoccupation has played out in the Canadian context and asserts that a basic and common infirmity of administrative decision-making in this domain is a lack of justification. The dissertation commences by exploring foundational debates within immigration theory about borders, exclusion, the rule of law and the role of justification in decision-making in liberal democracies, particularly in times of perceived emergency. From there, the dissertation moves on to an exploration of immigration inadmissibility determinations in Canada, with particular attention to the emergence …


Legal Approaches To Combating Sex Trafficking: A Compilation Of Research And A Comparative Analysis Of The Most Effective Means Of Reducing Trafficking Globally, Emily Ann Larkins Apr 2016

Legal Approaches To Combating Sex Trafficking: A Compilation Of Research And A Comparative Analysis Of The Most Effective Means Of Reducing Trafficking Globally, Emily Ann Larkins

Selected Honors Theses

This research explores the relationship between three important factors necessary for reducing sex trafficking globally through a comparative analysis of four specific countries and their success in addressing these factors. The three factors that will be discussed in their relation to sex trafficking are government cooperation, border control, and illegalization of prostitution. These factors were chosen based on how consistently they showed up in research done for this thesis. The countries chosen for analysis-Sweden, the Netherlands, Thailand, and Singapore- were chosen based on region, trafficking levels, and unique facts that stood out as potentially significant. As will be discussed, Sweden …


Waging Wars In Cyberspace: How International Law On Aggression And Self-Defense Falls Short Of Addressing Cyber Warfare. Could Iran Legally Retaliate For The Stuxnet Attack?, Willa Rubin Jan 2016

Waging Wars In Cyberspace: How International Law On Aggression And Self-Defense Falls Short Of Addressing Cyber Warfare. Could Iran Legally Retaliate For The Stuxnet Attack?, Willa Rubin

Honors Papers

The technical capabilities of the Stuxnet worms-launched by the US and Israel against Iran's nuclear facility-prove that the operation could be considered an act of aggression, as defined in the Rome Statute. Further, this paper asserts that Article 51 of the UN Charter is insufficient to addressing malignant cyber operations.

The paper is organized as following: 1) Introduction, 2) Research Limitations, 3) Context: International Relations Theory and Types of International Law, 4) Understanding “Cyber” Within The Scope Of This Paper, 5) The Stuxnet Operation, 6) Historical and Legal Roots of “Aggression” and “Self-Defense”, 7) Stuxnet as an act of aggression, …


The Corporatization Of Justice: Clashes Between International Arbitration And National Environmental Regulations, Scott Novak Jan 2016

The Corporatization Of Justice: Clashes Between International Arbitration And National Environmental Regulations, Scott Novak

Honors Program Theses

In light of the controversies surrounding international arbitration systems and the growing threat of global climate change, this paper aims to answer the following questions: Do international trade arbitration mechanisms undermine national environmental regulations and initiatives, and if so, in what ways does this happen, and how might these mechanisms be reformed? By applying four different theoretical models of international arbitration to four cases studies illustrating how state environmental policies have clashed with private interests in the past, I develop a comprehensive power-based model of arbitration that provides insight into international arbitration systems' current inequities and how these systems may …


Navigating The Shoals Of The South China Sea: International Law And Geopolitical Issues Surrounding The Passage Of Sovereign Immune Vessels And Aircraft, Anh Duc Ton Jan 2016

Navigating The Shoals Of The South China Sea: International Law And Geopolitical Issues Surrounding The Passage Of Sovereign Immune Vessels And Aircraft, Anh Duc Ton

University of Wollongong Thesis Collection 1954-2016

The South China Sea is a semi-enclosed sea covering an area of approximately 3.5 million square kilometres and bordering China, Taiwan, and a number of other Southeast Asian States. As one of the busiest international sea lanes linking North East Asia with the rest of the world, securing maritime safety and the freedom of navigation in the South China Sea is essential for global trade. The region is also important from a military perspective. Military vessels and aircraft of regional and extra-regional countries transit through this maritime region, from the Pacific Ocean to the Indian Ocean and the Middle East. …


The Contribution Of Tuna Regional Fisheries Management Organisations To International Law, Pio Emosi Manoa Jan 2016

The Contribution Of Tuna Regional Fisheries Management Organisations To International Law, Pio Emosi Manoa

University of Wollongong Thesis Collection 1954-2016

International fisheries organisations have been in existence since 1902.1 Their emergence over the years was not on the basis of a logically consistent and overall design, but on when States identified the need for international cooperation in the management of fisheries. The introduction of international fisheries organisations may therefore be characterised as piecemeal and as ad hoc responses to specific concerns such as the need to obtain the best scientific information on a fishery, the management and status of shared stocks, and cooperation between fishing States. Heightened international concerns arising from overfishing and the Illegal, Unreported and Unregulated (IUU) fishing …