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International law

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Balancing Shipping And The Protection Of The Marine Environment Of Straits Used For International Navigation: A Study Of The Straits Of Malacca And Singapore, Mohd Hazmi Bin Mohd Rusli Jan 2012

Balancing Shipping And The Protection Of The Marine Environment Of Straits Used For International Navigation: A Study Of The Straits Of Malacca And Singapore, Mohd Hazmi Bin Mohd Rusli

University of Wollongong Thesis Collection 1954-2016

The importance of the Straits of Malacca and Singapore for the global shipping industry and world trade can’t be underestimated. In 2010, these routes were navigated by more than 74,000 vessels of various types. If the Straits were to be closed to navigation, global trade would be adversely affected, thus, injuring the world’s economy. Issues relating to the marine environment of these Straits have always been contentious. The littoral States may enforce marine environmental protection measures to protect the straits under the United Nations Convention on the Law of the Sea 1982 (LOSC), but their powers are limited by the …


Considering A Human Right To Democracy, Jodi Ann Geever-Ostrowsky May 2011

Considering A Human Right To Democracy, Jodi Ann Geever-Ostrowsky

Philosophy Theses

Human rights are commonly taken to include both behavioral freedoms, such as a right to express opinions, and safeguards against the behaviors of others, such as a right not to be tortured. I examine the claim by Allen Buchanan and others that democracy should be considered a human right. I discuss what human rights are, what they do, and what they obligate moral agents to do, comparing this framework to attributes of democracy. I conclude that while democracy itself is both too nebulous and too specific to be the subject of a human right, it may be proper to speak …


Pogg'es Institutional Cosmopolitanism, Scott Nees Apr 2010

Pogg'es Institutional Cosmopolitanism, Scott Nees

Philosophy Theses

In his landmark work World Poverty and Human Rights, Thomas Pogge offers a novel approach to understanding the nature and extent of the obligations that citizens of wealthy states owe to their less fortunate counterparts in poor states. Pogge argues that the wealthy have weighty obligations to aid the global poor because the wealthy coercively impose institutions on the poor that leave their human rights, particularly their subsistence rights avoidably unfulfilled. Thus, Pogge claims that the wealthy states' obligations to the poor are ultimately generated by their negative duties, that is, their duties to refrain from harming. In this essay, …


United Nations Peacekeeping And Non-State Actors: A Theoretical And Empirical Analysis Of The Conditions Required For Cooperation, Gregory Hodgin Aug 2009

United Nations Peacekeeping And Non-State Actors: A Theoretical And Empirical Analysis Of The Conditions Required For Cooperation, Gregory Hodgin

Political Science Theses

This paper attempts to determine the theoretical requirements for a non-state actor to give peacekeepers to a Member state of the United Nations, who would in turn give those peacekeepers to the United Nations. The paper examines two case studies, specifically the contract between Blackwater and the United States Department of State and the SHIRBRIG series of treaties. The paper finds that there is some overlap between a Member state’s needs and a non-state actor’s needs and that there is a theoretical possibility of the donation stated above taking place.


Leviathan’S Rage: State Sovereignty And Crimes Against Humanity In The Late Twentieth Century, Cecil Bryant Lawson Feb 2009

Leviathan’S Rage: State Sovereignty And Crimes Against Humanity In The Late Twentieth Century, Cecil Bryant Lawson

Doctoral Dissertations 1896 - February 2014

This dissertation explores the relationship between state sovereignty and major instances of crimes against humanity committed in the latter 20 th century. In order to examine this dynamics of this relationship, the author analyzes the history and theory of the concept of sovereignty and examines five case studies of crimes against humanity: Cambodia under the Khmer Rouge, Argentina during the military junta from 1976 to 1983, the breakup of the former Yugoslavia, Rwanda in 1994, and the ongoing conflict in the Darfur region of Sudan. State sovereign power is shown to be an important facilitating factor in these atrocities as …


Strategies Of Prevention: Extending The Concept Of Preventive War And Understanding Its Implications, Steven T. Walker Dec 2008

Strategies Of Prevention: Extending The Concept Of Preventive War And Understanding Its Implications, Steven T. Walker

Graduate Theses, Dissertations, and Problem Reports

This dissertation contributes to the literature on prevention in two specific ways. First, it broadens the concept of preventive war, developing the idea that dominant states have a choice when it comes to dealing with rising challengers. The choice is not a dichotomous variable of either war or no war. Instead, there is a range of choices that decision makers within the dominant state have at their disposal. This dissertation examines the relationship---over time---between two conflictual states, one in relative decline and the other in relative ascendance, and studies the response of the dominant but declining power. Second, I focus …


Eastphalia Rising: An Enquiry Into The Emergence Of An Asian Perspective On International Law And Global Governance, Sung Won Kim Jan 2008

Eastphalia Rising: An Enquiry Into The Emergence Of An Asian Perspective On International Law And Global Governance, Sung Won Kim

Maurer Theses and Dissertations

Interest in the possible impact of the rise of Asia in world affairs has been growing for a number of years. Asia’s emergence has become one of the most important developments in the post-Cold War international system, and it has drawn attention from scholars and practitioners who study the balance of power in international politics, the process of economic growth and competition, and the acceleration of globalization. Although definitions of what constitutes “Asia” differ, there is little disagreement that the epi-center for the rise of Asia sits in eastern and southeastern Asia, with China as the most prominent nation in …


Democracy By Any Other Name Just Isn't The Same, Clarissa Estep Aug 2006

Democracy By Any Other Name Just Isn't The Same, Clarissa Estep

Graduate Theses, Dissertations, and Problem Reports

Democracy has been one of the fundamental achievements in the post-World War II era. Because evidence of the democratic peace exists, illiberal states are being pressured to form democracies. However, democratic consolidation, on which the democratic peace relies, remains a persistent problem of the Third World. Thus, the paradox remains that democratizing states are prone to violence which undermines peace and security. Considering that the majority of states in the international community are mixed regimes, or anocracies, this poses a problem for reducing interstate and intrastate conflict in these regimes. It is not enough to declare success with the establishment …


Win, Lose, And Draw: Civil War And The Determinants Of State Concessions, Frank Vaughan Aug 2006

Win, Lose, And Draw: Civil War And The Determinants Of State Concessions, Frank Vaughan

Graduate Theses, Dissertations, and Problem Reports

This research develops an explanation of the causal factors that influence state concessions offered in negotiated settlements ending civil wars. It proposes an explanation drawn from bargaining theory, existing literature addressing the likelihood of negotiated settlements, and inductively derived variables. Specifically, it integrates the link between several general factors associated with conflict---the costs of war, incentives to cheat, the divisibility of stakes, the degree of democracy of the state, the presence or absence of a stalemate, and the timing and location of the settlement---and the degree to which states make concessions to the rebels. The relationships between these factors are …


The Regime Of Boarding Ships In International Maritime Law, Salam Khadim Baghdad Al-Khafaji Jan 2006

The Regime Of Boarding Ships In International Maritime Law, Salam Khadim Baghdad Al-Khafaji

World Maritime University Dissertations

No abstract provided.


Handcuffed Hegemony: International Restraint In Unbalanced Systems, Mark E. Schaefer Dec 2005

Handcuffed Hegemony: International Restraint In Unbalanced Systems, Mark E. Schaefer

Graduate Theses, Dissertations, and Problem Reports

This work contends that the current systemic view of hegemonic systems is incorrect. On one hand hegemonic actors are conceptualized as omnipotent actors that can mold the system to best reflect its goals. Still, others illustrate that such unipolar systems can never be achieved, or at best exist for a short time as other powers move to rebalance the international system. Mearsheimer illustrates a more realistic approach, that unbalanced multipolar systems can exist, in which a larger state is present in a traditional multipolar system, not a traditional vertical authority structure. He contends that such a system is transient, for …


The Politics Of The Evolution Of Global Tobacco Control: The Formation And Functioning Of The Framework Convention On Tobacco Control (Fctc), Hadii M. Mamudu Aug 2005

The Politics Of The Evolution Of Global Tobacco Control: The Formation And Functioning Of The Framework Convention On Tobacco Control (Fctc), Hadii M. Mamudu

Graduate Theses, Dissertations, and Problem Reports

The study investigates the politics behind the evolution of tobacco as a global issue leading to adoption of the Framework Convention on Tobacco Control (FCTC) in May 2003. The study relies on liberal-constructivist perspective to analyze the transformation of tobacco control between 1960 and 2003. The study uses a combination of elite interview and content analysis. It found that the presence of an international organization with constitutional powers in tobacco control, WHO and the diffusion and transfer of knowledge, information, and ideas about tobacco use and tobacco control contributed to the emergence of tobacco control as a global phenomenon and …


Clinton And Bush Administrations' Nuclear Non-Proliferation *Policies On North Korea: Challenges And Implications Of Systemic And Domestic Constraints, Gunsik Kim Jan 2005

Clinton And Bush Administrations' Nuclear Non-Proliferation *Policies On North Korea: Challenges And Implications Of Systemic And Domestic Constraints, Gunsik Kim

Graduate Theses, Dissertations, and Problem Reports

This study compared and evaluated the conduct of US policies towards North Korea in order to address the North Korean nuclear threat under the Clinton (1993--2000) and the Bush (2001--2004) administrations. The capabilities of the two administrations to carry out their preferred policies toward the global threat were evaluated in view of the systemic and domestic constraints that they faced. Domestic constraints identified were the US Congress, American political culture and public opinion and bureaucratic problems. Systemic constraints were the lack of coordination and differences in policy frameworks of South Korea, Japan, China and Russia, and the difficulty of dealing …


Why Not Preempt?: An Analysis Of The Impact Of Legal And Normative Constraints On The Use Of Anticipatory Military Activities, Rachel Tamara Bzostek Jan 2005

Why Not Preempt?: An Analysis Of The Impact Of Legal And Normative Constraints On The Use Of Anticipatory Military Activities, Rachel Tamara Bzostek

LSU Doctoral Dissertations

The 2002 National Security Strategy for the United States focused American strategic policy around the use, or potential use, of preemptive/preventive strikes, particularly as a counter-proliferation and counter-terrorism tool. While preemption and prevention are not new strategies, they have never been highlighted to such a degree as is currently the case. These activities have been studied in the context of international security, using elements such as spiral models and offense-defense theory. This study seeks to examine if other elements, specifically international law and normative issues, such as just war tradition, contribute to our understanding of the use, or non-use, of …


The Search For An Effective International Regime For The Long-Term Safety And Security Of High Level Radioactive Waste: Pangea And Beyond, Vincent Cusack Jan 2005

The Search For An Effective International Regime For The Long-Term Safety And Security Of High Level Radioactive Waste: Pangea And Beyond, Vincent Cusack

Theses: Doctorates and Masters

This thesis is a study of public policy issues relating to multinational geological repositories for high-level radioactive waste disposal (HLW). Nuclear states have attempted for decades to implement effective radioactive waste policies, though with limited success. The safe disposal of HLW has proven particularly troublesome and, thus far, a solution has eluded all states. A review of radioactive waste policy in the UK, the US and Switzerland reveals some of the underlying themes behind community opposition to repository siting and the reasons for a broader global search. The failure to achieve HLW repositories at a national level has led to …


Promotion Of Democracy In International Law And Its Effect On The Practice Of Torture, Dareen Hassan Mohamed Aboul Naga Feb 2004

Promotion Of Democracy In International Law And Its Effect On The Practice Of Torture, Dareen Hassan Mohamed Aboul Naga

Archived Theses and Dissertations

No abstract provided.


The Impact Of Competing Interests And Pressures On Maritime Administrations In Aspiring Maritime States : A Critical Analysis, David V. Robin Jan 2002

The Impact Of Competing Interests And Pressures On Maritime Administrations In Aspiring Maritime States : A Critical Analysis, David V. Robin

World Maritime University Dissertations

No abstract provided.


The United Kingdom In The Establishment Of An International Criminal Court: A Case Study Of Middle Power Theory, Laura C. Cook Apr 2000

The United Kingdom In The Establishment Of An International Criminal Court: A Case Study Of Middle Power Theory, Laura C. Cook

Undergraduate University Honors Capstones

This capstone explores the role of the United Kingdom in the establishment of the International Criminal Court. This paper explores the background of the ICC, middle power theory, how middle power theory applies to the United Kingdom, and if middle power theory is appropriate to describe the United Kingdom’s actions.


International Straits And Transit Passages : Focus On Bosporus And Dardanelles, Cleanthis Orphanos Jan 2000

International Straits And Transit Passages : Focus On Bosporus And Dardanelles, Cleanthis Orphanos

World Maritime University Dissertations

No abstract provided.


International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye Oct 1999

International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye

PhD Dissertations

This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …


Identifying The Type And Appropriateness Of The Evaluations Of Selected Agriculturally Related Science And Technology-Based Usaid Projects Conducted Between 1985 And 1995, Allen E. Bayles Dec 1998

Identifying The Type And Appropriateness Of The Evaluations Of Selected Agriculturally Related Science And Technology-Based Usaid Projects Conducted Between 1985 And 1995, Allen E. Bayles

Graduate Theses, Dissertations, and Problem Reports

A review of the literature indicated that baseline data that described how and what were being evaluated at the project level by agencies involved in third world development had not been published. This was a descriptive study using content analysis of the available evaluative reports for the USAID projects involved with the transfer of agriculturally-related technology identified in the National Science Foundation research project, Assessing the Literature on the Benefits of External Science and Technology Aid Assistance to Developing Countries (Pytlik, Vasudevan, Bayles & Spitznogle, 1997).;The research concludes that impact evaluations were not being conducted at the project level. While …


Mining The Deep Seabed Implications For International Law And American Foreign Policy, Steven H. Fitzgerald May 1981

Mining The Deep Seabed Implications For International Law And American Foreign Policy, Steven H. Fitzgerald

Graduate Program in International Studies Theses & Dissertations

Whether or not the United States may someday face a mineral shortage, the need for a coherent, unified minerals policy is critical to national objectives and national security. Deep-sea mining may be the answer to American (and world) mineral needs in the twenty-first century. However, there are numerous problems which must be dealt with and resolved in the near future, in order to enable the U.S. (and the world community) to take advantage of vast undersea resources. Deep-sea mining requires the development of technology, tremendous capital investments, and years of labor before production can begin. U.S. policy makers must decide …


Soviet International Law : Theory And Practice, Rozanne D. Oliver May 1972

Soviet International Law : Theory And Practice, Rozanne D. Oliver

Honors Theses

After World War II, the Union of Soviet Socialist Republics became a "Great Power," surpassed in might by only the United States. The foreign policy of the Soviet Union now exerts a tremendous influence on the international scene, making the study of Soviet policies a "must" for the student of international affairs. The question of the role of international law in the foreign relations of the U.S.S.R. is an interesting and important one. Are changes in the international system reflected in Soviet views of international law? Have the Soviet theories had significant impacts on the actions of other states? To …