International Law Commons^™

Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed

Theses and Dissertations

The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …

Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros

Theses and Dissertations

The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …

Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup), Ikechi Mgbeoji

PhD Dissertations

Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is often a vexed issue, particularly at the international level because of the conflicting interests of states or groups of states in the matter. The most widely used form of juridical control of plants and TKUP is the patent system which originated in Europe. This thesis rethinks the role of international law and legal concepts, the major patent systems of the world and international agricultural research institutions as they affect legal ownership and control of plants and TKUP. The analysis is cast in various contexts …

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

Is Freedom Of Expression A Tool Of Oppression And Harm? A Study On Hate Speech And Its Harms In Case Law And Doctrine Of The Us And European Court Of Human Rights, Mohamed Hassan

Theses and Dissertations

Many societies now face the problem of hate speech. It has reached the level of a global problem. Many groups use freedom of expression to oppress other groups through using hate speech. The problem of hate speech represents a complex topic because it is interwind with the right of freedom of expression. However, international human rights law tries to combat the hate speech law in some treaties, such as the ICCPR and CERD, by offering rules to guide states constitutional courts in adjudicating these cases by limiting some of their absolute discretionary power in deciding these cases. These efforts have …

Honor Crimes: A Question Of Honor, Culture, And Humanity, Nadia N. Almusleh

Master's Theses

Honor crimes, femicide, domestic abuse and violence are widely prevalent in patriarchal societies. Middle Eastern cultures deeply value protecting the chastity and honor of women. The traditional images of women and the notions of honor and shame are consistently used as justifications for violence and killings. This is not attributable to a single culture or religion. It is rather a manifestation of societal norms around gender-based violence. Feminist activism against honor crimes in the Middle East within the last decade has increasingly received social media attention. However, the impact of this social media activism on government intervention has yet to …

Biosimilars: The Quest For A Rational Regulatory And Intellectual Property Approach In Canada, Elizabeth S. Dipchand

LLM Theses

Biologics and biosimilars represent the promise for more effective treatments of many diseases. International treaty obligations influenced heavily by the biopharmaceutical industry and advanced through the international trade agenda may lead to an imbalance between incentivizing innovation and the public interest. Canada’s implementation of its obligations into national patent and regulatory laws encourages aggressive biologic patent protection strategies that, coupled with linked regulatory assessments, may establish compounding layers of exclusion that disproportionately disincentivizes both the biologics innovation and biosimilar development. This comparative analysis addresses the progression of international obligations and the way in which they have been implemented into Canada’s …

International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai

SJD Dissertations

International Commercial Arbitration is one of the essential mechanisms that support and facilitate international trade transactions, especially when the parties are from different nations. Since it is an alternative dispute resolution that provides a final and binding award that is enforceable through the national courts mostly everywhere around the world, it becomes the most popular dispute resolution for international enterprises. Arbitration has been in existence in Thai Laws for centuries, but its role has been minimal as litigation is the primary adjudicate method of the country. However, in the past twenty years, arbitration has been developing rapidly since Alternative Dispute …

It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey

Scripps Senior Theses

Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.

Political Trust In Kosovo: Exploring Cultural And Institutional Dynamics, Ermira Babamusta

Graduate Theses, Dissertations, and Problem Reports

In this dissertation I examine political trust perceptions across different political-legal institutions and actors in Kosovo. I evaluate the levels of political trust using cultural and institutional performance explanations to investigate the key factors that have an impact on political trust. The study explores national political trust and international political trust, considering many domains of political trust: government, political leaders, political parties, Kosovo Courts, Kosovo Police, NATO, United Nations, European Union, and the Kosovo Specialist Court. There is growing concern about lower levels of political trust across Europe, especially in post-communist countries. In this study, I make the case that …

The Best Interests Of The Child Or The State? The Rights Of The Child In Non-Lpr Cancellation Of Removal, Lizzie Bird

Master's Theses

This thesis argues that the United States is failing to fulfill its obligations under the Convention on the Rights of the Child (CRC) in its adjudication of the hardship standard in non-LPR cancellation of removal. It is well-documented that the current interpretation of the “exceptional and extremely unusual hardship” standard results in the separation of families and de facto deportation of children, many of whom are U.S. citizens. This thesis contends that this practice is not only unjust, but also unlawful.

First, it argues that the CRC in general and Article 3 (the “best interests” principle) in particular have risen …

Game Of Tones: A Twail-Analysis Of The Evolution And Impacts Of The United Nations Framework Convention On Climate Change Technology Transfer Regime In Africa, Adebayo Majekolagbe

LLM Theses

The 1992 Rio Outcome articulates what is arguably, to date, the most ambitious North–South environmentally sound technology (EST) transfer aspirations. Yet, 26 years post-Rio, Africa remains at the lowest rung of the global EST deployment totem. Departing from talking-points like the connection of EST transfer and intellectual property rights, this research focuses on the normative underpinnings of the history, processes and dynamics of UNFCCC’s EST transfer regime. Using a ‘reconsidered’ Third World Approach to International Law approach and its accompanying historical research methodology, the thesis seeks to track landmarks in UNFCCC’s EST transfer regime evolution and the impacts of a …

The Transnational Judicial Dialogue Of The Supreme Court Of Canada And Its Impact, Klodian Rado

PhD Dissertations

Through personal interviews with ten current and former judges of the SCC, case analyses, a review of archival documents, and a quantitative examination of all judgments between 20002016, this study offers a comprehensive exploration of the mechanisms, extent, purpose, and effects of transnational judicial dialogue of the SCC and its justices. Contrary to expectations, SCC participation in this dialogue does not occur only through the citation of foreign judgments. Instead, the SCC incorporates almost all forms of non-domestic legal sources of both an international and a comparative nature (legal mechanisms). However, the judicial dialogue resulting from genuine engagement, interactions, and …

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.

Urbanization, Land Rights And Development: A Case Study Of Waterfront Communities In Lagos, Nigeria., Gideon Olaniyi Omoniyi

Master's Theses

The aim of this study is to examine the root causes of forced evictions and displacement through the current urbanization process in Lagos, Nigeria. My particular attention is devoted to the legal complexities and how ethnolinguistic identities shape land laws, influence land tenure, and construct urban citizenship. Through this process, competing claims to land ownership provide fertile ground for forced evictions and displacement. Existing scholars suggest that poor urban residents lack rights to stay in their neighborhoods, while a powerful capitalist class has emerged and dispossessed the poor from their lands. Yet these existing approaches derived from the neoclassical and …

Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez

Electronic Thesis and Dissertation Repository

The primary focus of this thesis is to analyze and compare the legal systems enacted to protect working women in Colombia and Canada. This thesis focuses on: the protection of maternity and parental rights; the principle of equal pay for work of equal value; and discrimination in employment (including harassment). This research argues that the legislative and judicial changes made in each country to protect working women have not led to substantive equality for working women. This thesis also argues that there is a gap between international and national standards, thus a law reform is appropriate and needed in both …

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili

SJD Dissertations

Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are.

The …

Assessing The Efficacy Of African Boundary Delineation Law And Policy: The Case Of Ethio– Eritrea Boundary Dispute Settlement, Lantera Nadew Anebo

Theses and Dissertations

Africa is poor in the midst of plenty. Though multiple causes and reasons may be claimed for Africa’s shrinking state of development, disruptive effects of colonialism takes forefront. Present-day Africa is literally free but colonial footprints are still apparent in the borderlands. The study pinpoints how natural borderline development was thwarted by the infamous Berlin Conference of 1884 -1885. As result, people, ethnic groups, nations and nationalities have been disintegrated. Ethnic disintegration and arbitrary colonial boundaries lines have been source of unavoidable intra and inter state conflicts in Africa. Ironically, in fear of opening “Pandora’s Box” that would further unlock …

A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak

LLM Theses

Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …

Authoritarian Member States In International Organizations, Matt Barg

Master's Theses

This thesis investigates under which conditions do authoritarian Member States exist in International Organizations that require democratic governance in their treaty law. The European Union is used as a case study along with two of its Member States that are in the process of transitioning to democracy from previous authoritarian regimes—Hungary and Romania. This thesis employs stealth authoritarian theory to analyze how a democratizing Member State may violate these laws and revert to authoritarian governance. It also critiques international enforcement mechanisms to consider their effectiveness to enforce their laws and norms as well as prevent an authoritarian reversal. Finally, cultural …

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21^st century and it affects everyone. By using …

The United Nations Security Mechanism And Africa: Challenges And The Way Forward, Nebiyou Dagne Tessema

Theses and Dissertations

The dissertation will, therefore, examine the evolving concept of security; the security mechanisms of the UN, AU and the African sub-regional organizations and their respective mandates in the maintenance of peace and security in Africa; assess the state of security in the continent; identify the key factors for the deterioration of the security situation in the continent; evaluate the effectiveness of the existing international security mechanisms in overcoming this dangerous trend; identify the key challenges and drawbacks in the present global security system; and suggest some recommendations on the way forward to meet the security challenges of the African continent …

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

The Visible Effects Of An Invisible Constitution: The Contested State Of Transdniestria's Search For Recognition Through International Negotiations, Nadejda Mazur

Maurer Theses and Dissertations

Most scholars agree that modern states share several defining characteristics: a population, territory, government, and the capacity to enter into international relations. More recently, this list has expanded to include the criteria of democracy, the rule of law, and the protection of human rights. These traditional and contemporary criteria for statehood are likewise essential for settling the status of de facto states, entities that seek international recognition yet are rebuffed by the world community.

By examining the criteria for international recognition from the perspective of constitutional law, this dissertation reveals the existing but overlooked relationship between the recognition process and …

Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi

Master's Theses

This paper will address the illegality of Morocco’s nationalist annexation of Western Sahara and how the United States plays the accommodating role through the selling of arms, economic aid, and diplomatic support. Considered as Africa’s last colony, the Saharawi people have not experienced the basic human right to self-determination and the right for independence. These rights are continued to be withheld for the sake of Moroccan nationalism and their “rightful and ethnic” claims to the territory, disregarding the International Court of Justice (ICJ)’s advisory opinion ruling in favor of Saharawi self-determination. It explores the chronology of the Saharawi population from …

Moving Towards Sustainable Coastal Development In South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through The Instrumentality Of Law, Tony George Puthucherril

PhD Dissertations

For long, coastal management focused on the sustainable utilization of coastal resources and avoidance and management of conflict, as well as the promotion of complementarities between users. However, with rising sea levels and other climate change impacts, coastal management has become increasingly complex. This thesis investigates the legal instruments underpinning the management of coastal zones, exploring the concept of sustainable coastal development (SCD) and the relevance of the integrated coastal zone management (ICZM) process. Specifically, the discourse analyzes how law and legal regimes play a backbone role in strengthening and supporting ICZM implementation by facilitating the linkage between ICZM and …

The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee

Maurer Theses and Dissertations

The crime of aggression, as defined in the Rome Statute of the International Criminal Court, is only applicable to inter-state armed conflicts. There is, however, a gray area when an armed conflict erupts in the territory of a recognized state and initially looks like civil war, but has international elements such as the involvement of a quasi-state whose status and rights are disputed in international law. Resolving the issue of whether the crime of aggression is applicable to disputes involving quasi-states is important because (1) there are many quasi-states throughout Europe, Asia, and Africa; and (2) quasi-states are a …

Towards A Network Of Marine Protected Areas In The South China Sea: Legal And Political Perspectives, Hai Dang Vu

PhD Dissertations

The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and because mainly of complicated sovereignty and maritime boundary disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. This dissertation, “Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives”, researches legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly …

Arbitrability And Public Policy In Regard To The Recognition And Enforcement Of Arbitral Award In International Arbitration : The United States, Europe, Africa, Middle East And Asia, Veena Anusornsena

Theses and Dissertations

Party autonomy in international arbitration is the most compelling reason for the contracting parties to enter into arbitration agreement, rather than opting for litigation. However, arbitration functionalities may be hindered by several factors, one of which is 'arbitrability and public policy'. The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides arbitrability and public policy as the grounds for refusing the recognition and enforcement of foreign arbitral award for signatory states, thus allowing national courts to use their own discretion when determining the scope of these two issues.

Public policy is a concept that is …

A Comparative Analysis Of Human Rights Laws In The United States And Australia, Emily F. Chalifoux

Honors Theses

Discrimination does not make good business sense; it causes tension and a decrease in productivity. Even though human rights laws vary from country to country, conforming with these laws makes business more cohesive and productive. Some of the many benefits include:

• Increase the pool of potential employees and, therefore, the chances of getting the best person for the job,

• Build morale and productivity of employees

• Minimize complaints, disruptions and legal wrangles, leaving employees to focus on their work, and

• Add to the bottom line and build the company's reputation in the community.

The purpose of this paper is to analyze …