Law Commons^™

Construction Of A Dispute-Resolution Framework Under The International Judicial System For The Settlement Of The Inter-Korean Conflict Over The Northern Limit Line: Operating The Advisory Proceedings Of The International Court Of Justice, Hyun Jin Kim

Maurer Theses and Dissertations

To construct a dispute-resolution framework for the inter-Korean conflict over the Northern Limit Line (“NLL Conflict”) under the international judicial system, this dissertation proposes an advisory proceeding of the International Court of Justice (“ICJ”) as the most promising alternative. It has proven difficult to draw a negotiated solution to this decades-long conflict, despite each of the respective State parties involved in the NLL Conflict presenting various arguments and claims about the valid legal status of the NLL. In this context, this dissertation examines the ICJ’s contribution to the resolution of international disputes, particularly controversy over the question of laws, through …

حقوق الموظف العام في دولة الإمارات العربیة المتحدة وفقا للقانون الاتحادي والقانونین المحلیین لإمارتي أبوظبي ودبي, لیلى سلطان سیف سلطان العبدولي

Public Law Theses

عالجت ھذه الدراسة النظام القانوني الذي یحكم حقوق الموظف العام في دولة الإمارات العربیة المتحدة وفقا للمرسوم بقانون اتحادي رقم ( 17 ) لسنة 2016 ، ولائحتھ التنفیذیة رقم ( 1) لسنة 2018, والقانون رقم ( 6) لسنة 2016 بشأن الموارد البشریة في إمارة أبوظبي واللائحة التنفیذیة رقم ( 10 ) لسنة 2020 بشأن الموارد البشریة في إمارة أبوظبي وتعدیلاتھ، وقانون إدارة الموارد البشریة لحكومة دبي رقم ( 8) لسنة 2018

حیث تمثلت الإشكالیة الرئیسیة لھذه الدراسة في التساؤل حول ماھیة الحقوق التي وفرتھا قوانین الموارد البشریة بدولة الإمارات العربیة المتحدة للموظف العام، وتفرع عن ھذه الإشكالیة الرئیسیة عدد من …

Perceptions Of Special Education Supports By School Administrators, Eric P. Oxford

Electronic Theses and Dissertations

This research study analyzed the perceptions of special education supports by school administrators. Specifically, this research discussed comparative findings of perceptions of special education supports between building principals and building-based special education team chairpersons in one Massachusetts public school district. The findings are grounded in the district’s inclusive philosophy and its capability to ensure that all students are provided educational opportunities in the least restrictive educational environment. The problem studied was that many students with disabilities who are unable to find academic success within an inclusive academic environment are typically transitioned into a more restrictive—or substantially separate—alternative education setting. It …

A Qualitative Analysis Of End-Of-Life Healthcare In Tennessee: Politics, Principles, And Perceptions, Erin Mauck

Electronic Theses and Dissertations

The unprecedented growth of the aging population in Tennessee is a significant demographic trend that highlights the necessity for healthcare policy that tackles end-of-life issues. This study examined the perceived quality of end-of-life healthcare in Tennessee, areas that are in need of improvement, policies that have the potential to influence improvements, and the role of politics in end-of-life healthcare policy. It also assessed the support for end-of-life healthcare policy that would advance quality of care and expand end-of-life choices for Tennesseans, while evaluating the policy-making process that legislators employ.

For this study, data were collected using semi-structured, in-depth interviews with …

Disparities In Oral Health: Socioeconomic Status And Policies To Increase Access To Primary Dental Care, Mckenzie Nutter

Theses/Capstones/Creative Projects

Primary dental care is a patient-centered service consisting of routine dental checkups. The oral cavity is the first point of entrance to the body for many harmful pathogens. Therefore, primary dental care is essential to not only prevent and treat conditions in the mouth, but to also reduce the number of systemic diseases in the rest of the body. However, people with higher incomes or wealth have increased access to primary dental care. People with low socioeconomic status have decreased access to primary dental care, at least in part due to difficulties in paying for separate dental insurance. Disparities in …

Copyright's Fixation Requirement: Is It Still Needed?, Attamongkol Tantratian

Maurer Theses and Dissertations

While the United States requires fixation for an original work to be entitled to federal copyright protection, many other countries ignore such requirement. The difference could lead to partial copyright protection standards across jurisdictions over certain works that are not fixed. Examples of such works include extemporaneous speeches, lectures, improvisational performances, and contemporary arts that are transitory. Moreover, with today’s rapid development of arts and technologies, creative works can be presented via new media without being fixed in a traditional way. The examples include live streams of lectures and music performances, which have become part of the “new normal.” In …

Human Rights In The Context Of Sustainable Development, Kuruvilla Mathen

Theses and Dissertations

The conceptual framework of “Sustainable Development,” with its three dimensions of economic growth, social development, and environmental protection, represents the result of several significant and far-reaching initiatives. On September 25, 2015, the United Nations General Assembly adopted Resolution A/RES/70/1, “Transforming Our World: the 2030 Agenda for Sustainable Development.” Resolution A/RES/70/1 propounded seventeen “Sustainable Development Goals (SDGs) and 169 targets,” with a planned implementation date of 2030.

This study examines issues of sustainable development. It presents arguments that the framework of sustainable development, in its economic, social, and environmental dimensions, encompasses legally cognizable human rights, grounded in provisions and principles of …

The Importance Of Having Properly Funded Art Programs And The Benefits It Brings To Public Schools, Chelsey Brown

Liberal Arts Capstones

This presentation is to help raise awareness towards art education in schools and how these programs are losing their funding. The main focus is to present information on how the arts benefit people in both the school and in more public settings. Politics affect how much money is given to the arts and if the school is not art-rich, they may suffer and have a poorly funded arts program. The arts provide cognitive, health, and social benefits that can help kids learn and can also help those who participate in community programs. Students who participate in art, music, theater, or …

Human Migration Rates In Relation To Hdi Scores Of States, Amy E. Docter

Honors College Theses

Migration is a human phenomenon impacting various factors of society, politics, and cultures today that will continue to grow in both domestic and international importance. Despite this profound significance, there are numerous challenges for migration with little control of the flow of populations and limited understanding of the changing trends of migration. Historically, migration has been defined by South-to-North movements, with the main motive being economic opportunities with the allure of developed countries, but many articles today have found more South-to-South movements and myriad other factors influencing migratory decisions. By examining net migration population from 2014 and 2015, in conjunction …

Liquid Laws: Extractivism And Unstable Authority, Caitlin Rose Sargeant Murphy

LLM Theses

This thesis concerns the co-constitution of extractivism and claims to authority, particularly in contexts where the legal narrative hides the ways that extractivism is facilitated. I examine how law implicitly structures extractivism, as well as how states use extractivism to generate authority. I look at this relationship in the context of international legal debates over the Antarctic Treaty, and a history of extractive interventions by the settler colonial state towards the Murray-Darling River Basin in south-eastern Australia. The way I read claims to authority engages both the violence and instability of these claims. The specific ways in which the relationship …

Procedural Discretionary Decisions And Access To Justice Before Administrative Tribunals, Rachel Elizabeth Weiner

LLM Theses

This thesis considers procedural discretionary decision-making by administrative tribunals and access to justice for marginalized and low-income individuals. I begin by reviewing literature regarding discretionary decision-making, access to justice, procedural justice, and ideal theories focusing on transparent and respectful engagement and dialogue between decision-makers and litigants. I then analyze three case studies regarding procedural discretionary decision-making and accommodations in the hearing process, addressing primarily disability and language barriers experienced by litigants before the Social Benefits Tribunal, Human Rights Tribunal of Ontario, and Landlord and Tenant Board. I then compare theories of discretionary decision-making with actual decision-making practices employed by tribunal …

Towards Implementing The Truth And Reconciliation Commission's Calls To Action In Law Schools: A Settler Harm Reduction Approach To Racial Stereotyping And Prejudice Against Indigenous Peoples And Indigenous Legal Orders In Canadian Legal Education, Scott James Franks

LLM Theses

Many Canadian law schools are in the process of implementing the Truth and Reconciliation Commissions Call to Actions #28 and #50. Promising initiatives include mandatory courses, Indigenous cultural competency, and Indigenous law intensives. However, processes of social categorization and racialization subordinate Indigenous peoples and their legal orders in Canadian legal education. These processes present a barrier to the implementation of the Calls. To ethically and respectfully implement these Calls, faculty and administration must reduce racial stereotyping and prejudice against Indigenous peoples and Indigenous legal orders in legal education. I propose that social psychology on racial prejudice and stereotyping may offer …

Towards Development Justice: Re-Visiting The Accountability Of The World Bank And The Imf From A Right To Development Perspective, Maxwel Owuor Miyawa

PhD Dissertations

This dissertation investigates how development justice can be realized through an international accountability praxis that is grounded on the core principles of the United Nations Declaration on the Right to Development, one that recognizes the imperative of direct and distinct accountability of the World Bank and the IMF for their development practices. Empirically, amid the intensification of human rights deprivations and mounting development injustices in the Global South, the dominant development praxis has been typified by the marked absence of direct and distinct accountability of international financial institutions. The normative frameworks of international accountability in the realm of development are …

The Transnational Mining Justice Social Movement: Indigenous Right To Consultation & Right To Remedy Law Reform Activism In Canada And Latin America From 1999-2019, Charis Kamphuis

PhD Dissertations

This portfolio dissertation studies the activism of the transnational mining justice social movement in Canada and Latin America from the late 1990s to 2019. It focuses on two of the movements most significant human rights projects in that period: Indigenous right to consultation in Latin American (company host states), and the right to remedy in Canada (company home state). Chapter One undertakes an in-depth study of the Peruvian Campesino Community San Andres de Negritos long battle in search of a legal remedy for its dispossession in favor of Yanacocha Mine in the early 1990s. The Communitys turn to the law …

Sex Workers And The Best Interests Of Their Children: Identifying Issues Faced By Sex Workers Involved In Custody And Access Legal Proceedings, Julie Eleanor Dewolf

LLM Theses

Sex worker parents often lose custody of their children. The purpose of this research was to determine what impact the status of a parent as a past or present sex worker has had on judicial decision-making in custody and access disputes. Through doctrinal legal research, I explored judicial treatment of sex worker parents in custody and access disputes in Ontario Child Protection and Family Law case law. Parental involvement in sex work was often presented as an unfavourable aspect of the parent, or otherwise had a negative influence on their claim. Sex work was treated as a negative quality in …

Stewart V. Elk Valley Coal Corp.: The Rehabilitation Of Addiction Disability Law In Canada, Nadia Pronych

Electronic Thesis and Dissertation Repository

Canadian human rights law prohibits employers from discriminating against employees with disabilities and protects employees’ right to workplace accommodation to the point of undue hardship. However, the analysis of the case law illustrates that Canadian legal decision makers have not consistently applied the fundamental human rights laws and principles to cases involving individuals with drug and alcohol addiction disability. Stewart v. Elk Valley Coal Corp. provided the Supreme Court of Canada with the opportunity to provide much needed clarity and confirm the correct approach to be applied to claims of discrimination and accommodation on the basis of drug and alcohol …

The Impact Of Concession Agreements As Public-Private Partnership Tools On Port Performance : The Case Of Tema Port Container Terminal Concession Agreement, Margaret Aidoo Quarcoopome

World Maritime University Dissertations

No abstract provided.

The Risk Of Oil Spill In The Exclusive Economic Zone Of Sierra Leone, Duramani K. Sesay

World Maritime University Dissertations

No abstract provided.

Rules Of The Road And The Digital Helmsman : An Analytical Review Of The Colreg In The Context Of Autonomous Ships (Degree-Iii), Akshaya Kumar Mahapatra

World Maritime University Dissertations

No abstract provided.

Accession To The Convention For The Control And Management Of Ships’ Ballast Water And Sediments 2004 : The Case Of Vietnam, Long Viet Le

World Maritime University Dissertations

No abstract provided.

Transhipment Regulations And Activities In Tuna Regional Fisheries Management Organizations, Maleeha Haleem

World Maritime University Dissertations

No abstract provided.

Agenda-Setting At The Imo : Perspectives On The Threats Of Piracy And Armed Robbery Against Ships, Abraham Akwetey Teye

World Maritime University Dissertations

No abstract provided.

Implementation And Enforcement Of Imo Instruments In Nigeria : A Case Study Of Marpol Annex Vi, Syntyche Baba Haruna

World Maritime University Dissertations

No abstract provided.

The Impact Of Liner Shipping Bilateral Connectivity On Bilateral Trade Flows : A Case Of The Republic Of Korea, Hyeongseok Kim

World Maritime University Dissertations

No abstract provided.

A Study Of The Impacts Of Covid-19 On Seafarer Rights, Nitin Mukesh

World Maritime University Dissertations

No abstract provided.

[An Analysis Of International Law Principles In State Practice Of Bilateral Transit Treaties], Anujin Thi Hong Onon

World Maritime University Dissertations

No abstract provided.

Abandonment Of Seafarers : Challenges & Prospects Under Maritime Labour Convention, 2006, Anish Joseph

World Maritime University Dissertations

No abstract provided.

Corruption In The Maritime Industry : Manifestations And The Possibilities To Address It By Educational Measures, Karlson Chitata Sama

World Maritime University Dissertations

No abstract provided.

A Comparative Study Of The Combined Maritime Force (Cmf) And The Djibouti Code Of Conduct (Dcoc) Aimed At Maintaining Maritime Security In The Area Of The Western Indian Ocean And The Gulf Of Aden, Abdullah Mohammed Mubaraki

World Maritime University Dissertations

No abstract provided.

Governance Of Inland Water Transport Systems With Reference To The International Maritime Governance Framework: A Case Study Of Uganda, Julliet Zalwango

World Maritime University Dissertations

No abstract provided.