Law Commons^™

Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider

Master's Theses

Over many generations, humans have developed many perspectives and practices regarding the best ways to recognize and address what they perceive to be dangerous. Stories are used to help shape and narrate perceptions about the world, and they serve to pass on vital information that impacts how a society responds to threats and vulnerabilities. These narratives of danger and security are subjective to the experiences and political intentions of society, and therefore in many ways are partial and biased in their assessments and policies. This results in flawed security practices that may actually exacerbate threats or create new insecurities. What …

Inside The Virtual Ambazonia: Separatism, Hate Speech , Disinformation And Diaspora In The Cameroonian Anglophone Crisis, Sombaye Eyango Jules Roger

Master's Theses

This study examines the dynamics of the anglophone separatist claims in Cameroon, the so-called “Anglophone Crisis”. I focus on explaining why the separatist claims reemerged in 2016 after being shut down for about 20 years. It explains how the Anglophone separatist revendications have sustained over time despite the extremely centralized power of the Paul Biya government.This paper first argues that the Anglophone Crisis is more than an identity struggle between Anglophone/Francophone Cameroonians, but rather a conflict about historical and institutional grievances, political competition, and regional politics involving the neighboring state of Nigeria.

Second, it verifies the hypothesis that the sustainability …

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 …

Understanding The Attitude In Israel Towards The Application Of The Right Of Return For Palestinian Refugees, Wafaa Abuzayda

Master's Theses

The Palestinian refugee crisis is considered one of the oldest, largest, and most complicated refugee issues in the world. Hundreds of thousands of Palestinians have been displaced as a result of the 1948 and 1967 wars between Israel and the Arab states. Before fleeing their homes, Palestinians were persecuted and intimidated by the Israeli army in 1947 and 1948, causing people to flee to different neighboring geographical areas such as the West Bank, Gaza Strip, Jordan, Lebanon and Syria. The UNRWA, a UN-associated entity, was established and began operations on May 1, 1950 to support relief efforts benefiting the estimated …

A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne

Electronic Thesis and Dissertation Repository

Contemporary Indigenous public libraries play a critical role in providing access to information in Indigenous communities. My research focuses on the relationship between rights and access to information for individuals and communities within the context of Indigenous public libraries. I use a qualitative case study methodology of the Six Nations Public Library (SNPL) in Ohsweken, Ontario, Canada. Interviews were conducted with SNPL patrons and library management and with off-reserve participants from government and library associations.

I analyse four themes, library governance, rights, library value and access to information, which are outcomes of the SNPL case study findings. This analysis reveals …

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that solitary …

Protecting Women's Rights? Prospects Under The Un Human Rights Treaty System: A Case Study On India 2005-2017, Deepali

LLM Theses

The establishment of the United Nations Treaty System was the fundamental step for the protection and enforcement of women’s rights. The system is designed to monitor the human rights standards in countries that have ratified the treaties, called state parties. However, the system is facing several challenges that have compromised its effective working for the protection and enforcement of women’s rights. The thesis seeks to explain the challenges to the effective working of the system, that is, why the system does not work as designed in protecting women’s rights against three specific issues: domestic violence, sexual trafficking, and reproductive rights. …

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 Scope Of Party Autonomy In International Commercial Contracts: A New Dawn?, Akinwumi Olawuyi Ogunranti

LLM Theses

Transnational contracts are almost inevitable in the world today. It follows that a system of law must govern the resolution of disputes that arise from the contracts. The freedom of parties to choose a law that regulates transnational contracts is recognized by most countries as party autonomy. However, the extent of this autonomy has been controversial. This thesis unravels the controversy surrounding the doctrine of party autonomy and, more importantly, provides another perspective to the argument – that the application and scope of party autonomy in countries is determined by historical, colonial, economic, and religious factors. It uses this as …

Money Laundering By Politically Exposed Persons In Nigeria: Consequences And Combative Measures, Ike Onyiliogwu

Economic Crime Forensics Capstones

The Capstone Project will focus on money laundering in Nigeria by Politically Exposed Persons (PEPs) and the devastating negative impact on Nigeria’s progress as well as various measures that could combat it.

The Financial Action Task Force (FATF) defines money laundering as the processing of “ Criminal proceeds to disguise their illegal origin.” And PEPs as “someone who has been entrusted with a public function.” (FATF, 2018). The Nigerian government has adopted the term, “politically exposed persons” to include senior politicians and senior government officials as well as their immediate family.

According to Nigeria’s president, Muhammadu Buhari, $150 billion was …

The Application Of International Conventions By Chinese Inland-River Vessels Under Special Routes : Taking The Air Pollution Prevention As Example, Feng Meng

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Comparison Of Laws And Regulations Concerning Human Factors In Maritime Accident, Yifang Xu

World Maritime University Dissertations

No abstract provided.

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 …

Striking An International Balance Of Power: Does The United States Undermine The United Nations?, Alexia Dionne Seepersaud

Senior Theses

The purpose of this paper is to analyze the effects of the United States' unilateral actions on the credibility of the United Nations. There is a focus particularly on the United Nations' ability to maintain international peace and security through multilateral decision-making when states decide to take action outside of the organizations' authorization. In order to analyze this stand, the United States' actions in Iraq and Syria are studied. In both 2003 and 2017, the country took forceful action outside of the United Nations in response to threats to international peace and security. Analysis of states' responses to the United …

On The Politics And Conceptualization Of Gender Non-Conformity : Exploring Thailand’S Kathoey Population., Macey E. Mayes

College of Arts & Sciences Senior Honors Theses

The purpose of this thesis is to investigate the politics and conceptualization of gender in Thailand, drawing specifically on the Thai understanding of sex and gender with regard to the kathoey population. This work considers the solidification of a third-gender category and looks to the ways this solidification can inhibit the fluidity of gender and sexuality. It also analyzes the dangers of transnational advocacy and the superimposition of Western queer advocacy and theory on Thai gender identities. I approach this issue from an interdisciplinary framework that seeks to include historical, cultural, and theoretical perspectives. In examining anthropological research, critiques of …

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.

Translating Trademarks: Towards The Equal Treatment Of Foreign- Language Marks, Ung Shen Goh

PhD Dissertations

Part A of this dissertation tells the story of The Coca-Cola Companys trademark registrations in Canada in order to illustrate the linguistic issues faced by trademark administrators. A trademarks registrability depends on its distinctiveness, which is its ability to can distinguish its traders goods and services from those of another trader. Knowing how well a trademark will function to distinguish means ascertaining first what has already been registered, which is no easy task when the databases cannot administer foreign-language marks that are not Romanized. Part A proposes the solution of transcribing foreign-language marks that are not Romanized, so they can …

The Application Of The United Nations Convention On Contracts For The International Sale Of Goods Uniformity Interpretation Principle In U.S., Yuqing Nie

Maurer Theses and Dissertations

The United Nations Convention on Contracts for the International Sale of Goods (hereinafter: CISG) plays an increasingly important role in international sale of goods. However, the CISG is not always correctly applied, especially one of its basic principles – the uniform interpretation principle stated in its Article 7(1), which is usually ignored or incorrectly applied in its contracting States.

The CISG requires high-level uniformity, which requires the CISG to be applied autonomously if there involves parties from two CISG contracting States and the contract governing the transaction has no clause specifying other law as the governing law. Additionally, the CISG …

The Effect Of International Ngos On Influencing Domestic Policy And Law, Ashley Macarchuk

CMC Senior Theses

This thesis attempts to understand the impact of international human rights and environmental NGOs on affecting domestic policy and law. In particular, it looks at how State-NGO relations, civil society, and accountability affect the success of international NGOs in enacting change in domestic policy. The focus is on four countries with some of the largest human rights and environmental abuses: Argentina, China, India, and Russia. Through these countries, this thesis shows that NGOs have the most influence when State-NGO relations are strong, civil society is active, and NGOs are accountable to both the State and citizens. A key component to …

Disproportionate Realities: The Climate Justice Implications Of Mitigation Policies Across Scales, Tinuviel Carlson

Undergraduate Honors Theses

Global climate change will have disproportionate effects on low-income and minority communities around the world producing important justice challenges. As national governments increasingly rely on local governments, civil society, and private transnational actors to establish and implement climate actions policies, it is important to assess whether and how these newly emergent actors can address these justice challenges. First this thesis examines concepts of justice in relation to climate change across different scales in order to develop a comprehensive conceptual framework of climate justice. This conceptual framework expands the scale of the international climate justice movement address local concerns. Further, the …

Just War: New Customary International Law To Combat Violent Non-State Actor Groups?, Lisa Marie Holz

Open Access Theses & Dissertations

The issue that this study focused upon was the legitimacy of military interventions by a state against a violent non-state actor group located within another state's territory. The research sought to answer how interventions by the United States and its allies have evolved during the post 9/11 era. It additionally explored if the justification for military interventions had changed. This study used data from the Uppsala Conflict Data Program and the United Nations Security Council to create a hybrid data-set and analyzed the data for the location and number of states participating in operations against violent non-state actors ("VNSAs"). This …

Unmanned Aerial Vehicles In Counterterrorism Efforts And Implications For International Humanitarian Law, Kunle Adebamiji Olulowo

Walden Dissertations and Doctoral Studies

The United States increasingly has resorted to the use of Unmanned Aerial Vehicles (UAVs) for targeted killings of terrorists as a counterterrorism strategy. More states and terrorist organizations also are acquiring UAVs and this development can lead to indiscriminate and unregulated use of UAVs. Previous researchers have indicated the surveillance ability and precise weapon delivery capacity of UAVs make them a weapon of choice for U.S. counterterrorism efforts. Although the U.S. government estimated the collateral damage involved in the use of UAVs at 3-5%, nongovernmental sources put it at 25-40%. A gap exists in the current literature regarding public perception …