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- Josef Korbel School of International Studies (5)
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Articles 1 - 21 of 21
Full-Text Articles in Law
Arbitration As An Alternative Means Of Settlement Of Disputes Arising Out Of Thailand's State Contracts Involving Foreign Direct Investments, Patcharang Chaiworamukkul
Arbitration As An Alternative Means Of Settlement Of Disputes Arising Out Of Thailand's State Contracts Involving Foreign Direct Investments, Patcharang Chaiworamukkul
Theses and Dissertations
This dissertation examines how the Office of the Attorney General of Thailand's mandates in reviewing state contracts might be improved in order to help enhance greater FDI flow toward Thailand. International arbitration would be stipulated within the "settlement of disputes" clause included in a state contract so as to assure and gain foreign investor's confidence. This dissertation has been conducted by examining all levels of relevant national legislation as well as international law, especially those international obligations that Thailand has entered into. Based upon such examination, there are at least two (2) problems and obstacles that make the application of …
The Middle East Quartet Of Mediators: Understanding Multiparty Mediation In The Middle East Peace Process, Kris Arthur Bauman
The Middle East Quartet Of Mediators: Understanding Multiparty Mediation In The Middle East Peace Process, Kris Arthur Bauman
Electronic Theses and Dissertations
This dissertation seeks to answer the question: Under what conditions does multiparty mediation fail to move conflicting parties toward a comprehensive peace agreement? The object of study is the Middle East Quartet of Mediators from its formation in 2002 to the Annapolis Conference in November, 2007.
Although some progress was made during this period, no formal peace agreement was reached and therefore, the ultimate objective of the Quartet was not attained. The study seeks both to deepen our theoretical understanding of multiparty mediation as well as identify specific leverage points that could lead toward resolution of the conflict in Palestine …
Restrictive Trade Measures Based On Extraterritorial Human Rights Violations: An Analysis Under Allocation Of Regulatory Jurisdiction And Transaction Costs, Gustavo Ferreira Ribeiro
Restrictive Trade Measures Based On Extraterritorial Human Rights Violations: An Analysis Under Allocation Of Regulatory Jurisdiction And Transaction Costs, Gustavo Ferreira Ribeiro
Maurer Theses and Dissertations
Are states entitled to take unilateral or collective trade measures in cases of extraterritorial human rights violations? Are states obligated to do so? The debate is often blurred by a multitude of legal, political, economic, and moral arguments that have, so far, produced many misunderstandings. On one hand, the human rights community alleges that the superiority of human rights resolves any conflict. On the other hand, the trade community fears the intrusion of human rights language and power within the trade regime, including multilateral regimes like the World Trade Organization.
While exploring the above issue, this dissertation unfolds in three …
From Dependence To Global Integration For Development: A Case Study Of Vietnam—From 1975 To Present, Phong Thanh Dang
From Dependence To Global Integration For Development: A Case Study Of Vietnam—From 1975 To Present, Phong Thanh Dang
Electronic Theses and Dissertations
This study examines the process of Vietnam's global integration for development in order to conclude that Vietnam has been able to achieve economic development and human development by joining regional and global institutions and working closely with multilateral international development agencies.
With proper literature reviews of economic theories and empirical studies, this study determines that Vietnam was able to graduate from dependence on the former Soviet Union and achieved economic development and human development.
This study determines that Vietnam has become one of the best-performing developing economies in the world. The Vietnamese people's standard of living has improved significantly. The …
Genocide: Emotional Adjective Or Legal Term: Public Misunderstanding And The Expedient And Effective Implementation Of International Criminal Law, Ida Rose Nininger
Genocide: Emotional Adjective Or Legal Term: Public Misunderstanding And The Expedient And Effective Implementation Of International Criminal Law, Ida Rose Nininger
Undergraduate Honors Thesis Collection
This paper will explain the significance of the term of “genocide” beginning with Lemkin’s inception and intent, and the Nuremberg Tribunals that set forth the concrete points from which international criminal law, including genocide, would evolve. I will continue to the first, and current authoritative legal definition of genocide as set forth in the Convention on the Prevention and Punishment of the Crime of Genocide and the obligations therein of states party. I will explain the norms thereafter established by tribunals and courts prosecuting genocide, the Rome Statute of the International Criminal Court and its significance for the international community, …
Homeland Security And Terrorism In Selected European States, Eric M. Deutcher
Homeland Security And Terrorism In Selected European States, Eric M. Deutcher
Electronic Theses and Dissertations
In the wake of the 9/11 attacks on the United States, the responses to terrorism increased throughout the world. The face of Homeland Security is now heavily focused on the prevention, preparedness, response and recovery of terrorist attacks not only in the United States, but also amongst some of America's oldest allies. This thesis studies the level of change in homeland security strategy of European NATO members after the 9/11 attacks in the United States. The analysis of strategic components within each NATO member's homeland security strategy (history, laws, counterterrorism agencies and budget support) shows significant change. The international community's …
The Evolution Of Small Business Reform In Russia, Megan Hanna
The Evolution Of Small Business Reform In Russia, Megan Hanna
Electronic Theses and Dissertations
Small businesses are key drivers in the world’s leading economies. Russia on the whole is lagging behind the developed world in terms of small businesses per capita. Entrepreneurship gradually took shape after the collapse of the Soviet Union despite structural challenges. A discourse on small business reform emerged during the presidency of Vladimir Putin. Legislation passed during his tenure illustrates the evolution of reform in specific areas that affect small business. Surveys show that perceived challenges for small businesses have also evolved. As central control recedes, regional and local authorities will ultimately be responsible for the future of small business …
Realization Right To Health In The Context Of Pharmaceutical Under International Law, Huei-Ying (Lucille) Hsu
Realization Right To Health In The Context Of Pharmaceutical Under International Law, Huei-Ying (Lucille) Hsu
Theses and Dissertations
Examining the problem of realizing the right to health in accessible and affordable pharmaceutical product, this dissertation begins with the legal personality of the actors involved in the realization of the right to health. Chapter 2 further explores the uniqueness of pharmaceutical products and development of the pharmaceutical industry. Chapter 3 describes the development of intellectual property protection on pharmaceutical products. Chapter 4 then focuses on the international human rights development of the right to health and discusses the relationship of the right to health to accessible and affordable pharmaceutical products. Chapter 5 describes in greater detail the responsibility and …
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
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 …
Globalization And Identity Formation: A Postcolonial Analysis Of The International Entrepreneur, Banu Ozkazanc-Pan
Globalization And Identity Formation: A Postcolonial Analysis Of The International Entrepreneur, Banu Ozkazanc-Pan
Doctoral Dissertations 1896 - February 2014
In the United States, the past twenty years has witnessed a growing academic interest in understanding 'globalization,' i.e., a series of interconnected social, cultural, and political processes occurring under integrated economies. Management scholars have tried to understand globalization in terms of its potential consequences for companies conducting business in various countries and regions. However, globalization involves more than this, for as new relationships between people and places occur, new ideas about who they/ us are in those relationships also emerge. How can international management scholars thus understand these complex relationships occurring under globalization? How can they theorize and study such …
Leviathan’S Rage: State Sovereignty And Crimes Against Humanity In The Late Twentieth Century, Cecil Bryant Lawson
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 …
Igos And Juridical Organs, Janeth Diaz
Igos And Juridical Organs, Janeth Diaz
Open Access Theses & Dissertations
Do the number of members, the level of democracy, and the level of institutionalization contribute to the creation and use of a juridical organ in IGOs? This study utilizes 495 IGOs in order to answer this question and examine which of these three elements, or all of them, are relevant to the creation and use of any type of juridical mechanism in an IGO. For each of these characteristics five dependent variables were tested. Empirical results indicate that neither the level of democracy nor the number of membership contributes to the creation and use of a juridical mechanism. In contrast, …
A Perspective Of Global Capitalism, James Soller
A Perspective Of Global Capitalism, James Soller
UNLV Theses, Dissertations, Professional Papers, and Capstones
Since the 1970s, the political-economic structure of global society has undergone drastic restructuring. International political economy is concerned with providing explanations for these changes. This thesis will provide an alternative view of international relations that is often marginalized in the mainstream literature. It will be argued that global society needs to be understood under the historical context of capitalism and the class relations that stem from it. Central to this argument is a Gramscian derived articulation of hegemony. Thus, hegemony will be conceptualized in this thesis as a transnational class that governs over global society through consent and coercion. While …
A Palestinian State, Jennifer A. Hileman-Tabios
A Palestinian State, Jennifer A. Hileman-Tabios
UNLV Theses, Dissertations, Professional Papers, and Capstones
Should an independent, sovereign state of Palestine have the right to exist? The establishment of an independent Palestinian state is important because it could possibly end an extended period of violence with Israel, where civilian casualties have been high, and it could help to solidify a foundation of political tolerance and acceptance in the Middle East. Under the proposed two-state solution, an independent Palestinian state is possible. However, to determine if a Palestinian state is viable, it will be necessary to examine internal political struggles, economic resources, systems of communication, political systems and internal and external political policies. This qualitative …
Religio-Political Groups And The Israeli-Palestinian Peace Process, Catherine Ruth Orsborn
Religio-Political Groups And The Israeli-Palestinian Peace Process, Catherine Ruth Orsborn
Electronic Theses and Dissertations
The Israeli-Palestinian conflict is a quagmire of interests working against one another. In this paper, I explore the specific role of religio-political groups in the conflict. I particularly examine the ideological political and religious foundations of Gush Emunim and Hamas, paying much attention to the question of why they are attractive to people in our current era. I argue that these groups are continuously effective in opposing the current quest for a peaceful resolution to the conflict, and that they continue to grow as the result of an identity crisis brought about by factors related to globalization and the failure …
Role Expectations And State Socialization: Germany's Rediscovery Of The Use Of Force 1990–1995, Thorsten Spehn
Role Expectations And State Socialization: Germany's Rediscovery Of The Use Of Force 1990–1995, Thorsten Spehn
Electronic Theses and Dissertations
This dissertation engages the question of why German political elites accepted the use of force during the 1990s and started to commit the country's armed forces to multilateral peacekeeping missions. Previous governments of the Federal Republic had opposed foreign deployment of the military and Germany was characterized by a unique strategic culture in which the efficacy of military force was widely regarded as negative. The rediscovery of the use of force constituted a significant reorientation of German security policy with potentially profound implications for international relations.
I use social role theory to explain Germany's security policy reorientation. I argue that …
A Lingering Grudge In The Face Of A Power Transition; The French Canadian Movement In Perspective, Sergio Villarreal
A Lingering Grudge In The Face Of A Power Transition; The French Canadian Movement In Perspective, Sergio Villarreal
Open Access Theses & Dissertations
I hypothesize that an individual that has experienced a power transition, as measured by income, will be more likely to challenge the status quo than one that has not. The hypothesis is tested by relying on a mathematical probability model and is then corroborated through a qualitative analysis.
This analysis was accomplished by using a dataset that was collected in Québec during the time of the referendum; the final vote of each individual was contrasted with their relative income and dissatisfaction with the federation.
While income alone will not bring about a secessionist vote, the increase in the likelihood of …
An Analytical Review Of The Treatment Of Seafarers Under The Current Milieu Of The International Law Relating To Maritime Labour And Human Rights, Maria R. S. B. Hubilla
An Analytical Review Of The Treatment Of Seafarers Under The Current Milieu Of The International Law Relating To Maritime Labour And Human Rights, Maria R. S. B. Hubilla
World Maritime University Dissertations
No abstract provided.
Does God Favor The Unequal Allocation Of Resources? A Study Of The Effects Of Religion On Ethnic Conflicts, Irene Rebeca Mendoza
Does God Favor The Unequal Allocation Of Resources? A Study Of The Effects Of Religion On Ethnic Conflicts, Irene Rebeca Mendoza
Open Access Theses & Dissertations
Ethnic conflict and religious conflict are two types of conflict that are too often studied as one type of conflict. Additionally, conflicts that involve the fight over resources are today a type of conflict which appears to be on the rise. Additionally, contrary to what some scholars have argued for centuries, religious influence over people's behavior also has continued to rise. Today there is a worrisome landscape in the global landscape, ethnic conflicts are currently ongoing throughout the globe in areas such as Congo, India-Pakistan, Israel-Palestine, Sudan, Sri Lanka, and most notably Iraq. Ethnic conflicts in the past appear to …
Peacemaking Operations In Southern Thailand, Pantanin Pisalasupongs
Peacemaking Operations In Southern Thailand, Pantanin Pisalasupongs
Theses and Dissertations
Whereas the term peacekeeping is used to describe a way of helping countries torn by conflict create conditions for sustainable peace, peacemaking is a means of bringing about peace through a willful effort to prevent or mitigate conflict rather than a passive stance that hopes to maintain the status quo. This research aims to provide an overview of the primary documentation of those political organs relating to the history, structure, and laws of international peacekeeping. But its purpose is to show through an analysis of these laws and histories that the costs and benefits of keeping peace in a particular …
Dissertation On The Prosecution And The Trial Of Heads Of State Under International Law: The Case Of Slobodan Milosevic And Charles Ghankay Taylor, Julia A. Shilunga
Dissertation On The Prosecution And The Trial Of Heads Of State Under International Law: The Case Of Slobodan Milosevic And Charles Ghankay Taylor, Julia A. Shilunga
Theses and Dissertations
In the past, the responsibility of head of State and of Government was national competence. There were no international rules which established their responsibilities in international law. If they committed crimes, this remained exclusively the matter of the State and if there was the responsibility for the wrong behavior, it was the responsibility of the States themselves and not of the leaders as persons.
It was only very slowly that the State leaders started to be called to responsibility. One of the first attempts, which failed, was the 1919 Treaty of Versailles which wanted to prosecute the German Emperor. The …