Law Commons^™

Advocacy To Lawful Rebellion: Enforcing Ihrl In Egyptian Domestic Courts, Ashraf El-Sayed Abdel-Megied

Archived Theses and Dissertations

No abstract provided.

Provincializing Transitional Justice: Reading The International Criminal Tribunal For Rwanda Against The Grain, Jatin Dua

Archived Theses and Dissertations

No abstract provided.

Detention In A Time Of Terror: The Inevitability Of Protection, Fatma Hussein Saber

Archived Theses and Dissertations

No abstract provided.

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 …

Human Rights And Power: Where Will We Be Next?, Ahmed Ahmed Fouad Helal

Archived Theses and Dissertations

The US Human Rights, as applied by the President George W. Bush, is at a crossroads. Whether it will be accepted and applied by all rations as a uniform standard or it will be defeated and the perception of imposing human rights ideals will prove its failure in promoting human rights. Even more, in case of defeat, it may result on reshaping the norms of Human rights as known today.

Legal Interpretations Of The Right To Divorce And Polygamy And The Egyptian Feminist Movement, Mozn A Hassan

Archived Theses and Dissertations

This essay aims to analyze the project of the Egyptian feminist movement in the legal arena to achieve equality for women under the Egyptian laws focusing on the right of divorce and polygamy. lt seeks to examine the most liberal interpretations towards these two questions. The essay assesses many of the methodologies used differently from feminist groups and its focal point were the lslamic legal interpretations according to the Egyptian legal system. The essay provides an innovative classification for feminist movement in Egypt. This classification is based on criticism of other available classifications and their legal tools every group have …

Catch 22 Exclusionary Inclusion: The Palestinian Refugees' Struggle For Protection, Suzanne Taher Shams

Archived Theses and Dissertations

No abstract provided.

From Hot Air To Action? Climate Change, Compliance, And The Future Of International Environmental Law, Meinhard Doelle

PhD Dissertations

This dissertation considers the evolution, current state, and future prognosis of the global climate change regime under the umbrella of the United Nations Framework Convention on Climate Change. The focus of the dissertation is on State compliance with the Kyoto Protocol. Compliance is considered from the perspective of the internal compliance regime developed under the Kyoto Protocol as well as a select set of potential external international law influences. The dissertation concludes with an assessment of the level of compliance to be expected and its potential influence on the future of the climate change regime. Implications for international environmental law …

Legal Aspects Of Humanitarian Intervention In International Practice: A Survey Of Evolving Norms, Mohamed Makkawi

Theses and Dissertations

The concept of intervention for humanitarian reasons has long been a controversial matter in international law and relations. The traditional concept of humanitarian intervention coupled with the use of armed force can be traced back to ancient times, but the opinions of scholars, politicians, diplomats, legal literature and state practice still disagree on its existence and application. On the one hand, some say that intervention for humanitarian reasons cannot be legal, justifiable or permissible. On the other hand, there is growing international concern for the protection of human rights and the right to intervene towards these ends; and for some, …

Providing Access To Generic Antiretroviral Drugs To People Living With Hiv/Aids In Developing Countries: An Examination Of Legal Obligations, Cheluchi Onyemelukwe

LLM Theses

The HIV/AIDS epidemic is a devastating medical, social and economic problem in many developing countries. Presently, the only therapeutic remedies for the disease are antiretroviral drugs, which do not cure HIV/AIDS but are effective in restoring the health of people living with HIV/AIDS. Unfortunately, these drugs are unavailable to many people living with the disease in developing countries. This has been attributed to the exorbitant prices resulting from the patent rights of multinational pharmaceutical companies over the drugs. Legal literature has therefore focused principally on intellectual property rights as obstacles to access to antiretroviral drugs in developing countries. This thesis, …

Current International Legal Problems In The Pursuit Of Extradition Requests: The Practice Of Saudi Arabia, Ayedh Hadi Alotaibi

Theses and Dissertations

Extradition is an ancient legal practice which has in recent decades become both increasingly controversial and increasingly important. Traditionally, the controversies and exigencies of the extradition process have focused on the two sovereign states (sending state and receiving state) involved in the process. The third actor, the extraditee or subject of the process, was accorded comparatively little attention and almost nothing in the way of individual rights. The emergence of an international human rights movement in the aftermath of World war II encouraged a new focus on the extraditee as not merely a subject of the extradition process but as …

Sequelae Of Political Torture: Narratives Of Trauma And Resilience By Iranian Torture Survivors, Nouriman Ghahary

Seton Hall University Dissertations and Theses (ETDs)

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Retrieving The Rejected Stone: Rethinking The Marginalization Of The Economic, Social And Cultural Rights Under The African Charter On Human And Peoples' Rights, Shedrack Chukwuemeka Agbakwa

LLM Theses

The 'African Charter on Human and Peoples Rights' is unique in its conceptualization of rights. Among other things, it provides in a single document a core of both economic, social and cultural rights, as well as civil and political rights. However, the 'Charter's' Preamble clearly demonstrates where the emphasis of the document lies. The 'African Charter' asserts a belief that the satisfaction of economic, social and cultural rights is a guarantee for the enjoyment of civil and political rights. Given the grave economic problems facing Africa, the emphasis on economic, social and cultural rights as a precondition for the enjoyment …

In The Path Of Our Ancestors: The Aboriginal Right To Cross The Canada-United States Border, Pamela Doris Palmater

LLM Theses

In this thesis, I will argue that the Aboriginal peoples whose traditional territories straddle the Canada - United States border have the right to pass and repass the border freely. With this right comes the ability to live and/or work in either country without having to apply for permission each time with Immigration officials. I have suggested that instead of litigating these rights, the governments of both Canada and the United States should commence tri-partite discussions on how best to accommodate these rights, both on an interim basis and permanently through legislation. One of the measures that I have suggested …

A Matter Of Balancing: The Inability To Force Treatment On All Voluntary, Treatment-Incapable Patients In Ontario, Cindy L. Blancher

LLM Theses

This thesis concentrates on the question of whether or not voluntary, treatment incapable patients who have had their treatment consented to by a substitute decision-maker can be involuntarily treated. It is my opinion that under the current legislative scheme in Ontario the restraint of a voluntary, treatment incapable patient for the purposes of treatment is illegal subject to the following exceptions: (a) a guardianship order exists that contains authority to restrain and detain; or (b) a Power of Attorney for Personal Care has been executed by the now treatment incapable individual authorizing his substitute decision-maker to have him detained and …

Use Of Discretion In Independent Migrant Selection: A Study Of Canadian Immigration Law, Policy And Practice, Philip Lupul

LLM Theses

Canadian immigration law has traditionally relied upon broad grants of discretionary authority as a tool for immigrant application processing. Such authority has had two facets--a procedural aspect allowing for flexibility in methods and processes for handling applications, and a substantive aspect relating to actual decision making. This thesis examines such discretion in the particular context of the Independent category of migration that is provided for under the current Immigration Act and Regulations. This thesis argues that discretionary power has recently been significantly affected by two evolving trends. Hampered by fiscal constraints, the bureaucracy has sought to reduce usage of positive …

Development Projects And Project-Affected Peoples: The Need To Advance Sustainable Development By Establishing An International Development Institutions Inspection Panel To Redress Grievances, Ram Anand Shankar

LLM Theses

Indigenous and tribal communities are frequently affected by development projects in an adverse manner. Often they do not have any effective way of redressing their grievances, particularly against noncompliance of environmental guidelines and rules by International Development Institutions. This thesis explores avenues open to affected peoples to redress their grievances regarding the negative impacts of development projects. The thesis begins by defining "Project Affected Peoples," explores the concept of sustainable development, and suggests consequent principles for development projects. Then follows an examination of an existing grievance-redressal mechanism, the World Bank Inspection Panel, which has been mandated to redress complaints from …

The Relationship Between Public-Sector Higher Education Level-Four Grievant Variables And Third-Party Discipline And Discharge Arbitration Case Determinations At The West Virginia Education And State Employees Grievance Board Years 1985-1995, E. Jane Barnes

Theses, Dissertations and Capstones

This study examined the relationship between grievant variables (case description, case issue, gender, seriousness of the case) and case determination (denied/granted). A disk copy of QA4 database years 1985 to 1995 was provided by the West Virginia Education and State Employees Grievance Board. The approximate 222 higher education synopses reports were read to locate the population. Fifty five higher education discipline and discharge synopsis reports were isolated. Key words used by the Board assisted in isolating the population. The 55 higher education synopses reports were printed out to compare to information on case decisions housed in the West Virginia Secretary …

Argentine "Dirty War" : Human Rights Law And Literature, Alexander H. Lubarsky

Theses and Dissertations

In 1973 Gen. Juan Domingo Peron was voted into office as President of Argentina after an 18 year exile. He died the following year in 197 4 when his second wife, Isabella Peron, served as his successor. In 1976 the military overthrew Isabella Peron as part of their "calling" to restore law and order to a chaotic Argentina. To do so, the military declared an all out war on any sectors of life which could be viewed as a threat to the maintenance of military rule. This objective, offic-ially known as the "Proceso" but dubbed by the public as the …

A Study In Nondecision: The Human Rights Commission In Huntington, Nancy Potter Matthews

Theses, Dissertations and Capstones

Civil Rights was one of the most explosive political issues of the 1960’s. Race relations was a concern to everyone, and a special concern to government at all levels and in all parts of the United States. This paper will show how Huntington, West Virginia, a medium-sized border city with a small minority population, faced the problem. In 1962, the Mayor established a Civil Rights Commission which served to insulate the City Council--the political decision-makers—from facing and resolving the problems of the Negro minority.

Politics is understood here as the distribution of advantages and disadvantages among people. Individuals differ in …

Constitutional Rights And The Mormon Appeals For National Redress Of The Missouri Grievances, Lynn D. Stewart

Theses and Dissertations

This study attempts to trace the efforts of the Mormon people to obtain redress from the national government for the losses of life and property which they had suffered and the hardships which they had endured while residing in the state of Missouri during the 1830's. The Mormon appeals to Congress and the President are considered and an evaluation is made of the Mormon view of the national government's responsibility for the protection of individual rights.

The information for this study was obtained from the Church Historian's Office, the Brigham Young University Library, the University of Utah Library, the Utah …

Negro Contributions To The Political And Legal History Of The Southern Counties Of West Virginia, Charles Edward Easton

Theses, Dissertations and Capstones

The introduction of African labor as a muscular force was an adventurous enterprise, proving on trial to be the most perfect catalytic agent of production then known to commerce. This labor force was the fulfillment of the great demand of the young colony which needed a controllable and dependable labor force to make it accessible for human habitation. This labor demand made it profitable for adventurous traders to invest money in the enterprise of importing indentured servants to the new colonies in America. Later a system was developed by which individuals could come to the new colony as either indentured …