Dissertationen: „Domestic Law. International Law“

1

Las, Heras Horacio Raúl. „International Labor Law Standards and Argentine Domestic Law“. Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/117309.

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The following article attempts to address the problem, from the point of view of the labour law, which arises on the interpretation of standards on the basis of an analysis of sources, both internal sources such as international. Whereupon, the author advocates maintain the essence of the protective principle of labour law which will lead to combining rules from different sources to protect both the worker as the structure institutional and legal of the domestic law of each country.
El presente artículo intenta abordar la problemática, desde el punto de vista del derecho laboral, que se presenta en torno a la interpretación de normas laborales partiendo de un análisis de fuentes, ya sea tanto fuente interna como internacional. Con lo cual, el autor aboga por mantener la esencia del principio protector del derecho laboral lo cual llevará a conjugar normas de las diferentes fuentes para proteger tanto al trabajador como a la estructura institucional y legal del derecho interno de cada país.

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Bjorgvinsson, David Thor. „Theoretical and practical intersection of international law and domestic law“. Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA032.

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Cette étude fait valoir, par l’incorporation du droit international et son application dans le système national islandais, illustré par les jugements de la Cour suprême d’Islande, que les limites posées par l’approche dualiste traditionnelle, tels que présentés communément dans la littérature académique islandaise, ont été poussées à leur extrême. On affirme que le principe de dualité des juridictions, tel qu’il est défini dans la littérature juridique, ne décrit pas de façon adéquate le lien réel et important entre le droit international et la loi nationale comme cela apparaît dans les « techniques d’incorporation interprétatives » effectivement utilisées par les cours islandaises. Notre étude fait valoir que l’impact substantif et normatif du droit international non incorporé comporte des éléments de l’approche moniste, se révèle plus complexe et excède de loin la simple description générale du principe dualiste
This study argues that, by the incorporation of international law into the Icelandic national system and its application on the domestic level, in particular as it appears in the judgments of the Supreme Court of Iceland, the limits set by the traditional dualist approach, as commonly presented in Icelandic academic literature, have been stretched to its outer limits. It is argued that the dualist principle, as defined and described in the legal literature, does not adequately describe the real and substantive relationship between international law and national law as it appears in the „interpretive incorporation techniques“ actually used by the Icelandic courts. It is argued that the real substantive and normative impact of unincorporated international law bears clear elements of the monist approach and is more complicated and far exceeds what is implied in the general description of and reference to the dualist principle

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Foresi, Chiara <1993&gt. „Domestic and international sale in Chinese law“. Master's Degree Thesis, Università Ca' Foscari Venezia, 2018. http://hdl.handle.net/10579/12258.

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The contract of sale is the backbone of both national and international trade in all countries, regardless their legal tradition or their level of economic development. Despite this kind of agreement is the simpliest type between the existing ones, being a contractual form present since the origins of economic relations, is still today one of the most used instruments in trade. In this dissertation, the analysis of the contract of sale will have both an internal view inside the People’s Republic of China - now become the world’s largest economy - through the study of the related Contract Law of 1999, and an external international view of the trade through a comparison with the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna convention of 1980, CISG). As for a structural point of view, the first part is focused on the Chinese contract of sale itself, on its definition and features, on the obligations of the two parties involved, the seller and buyer, and on the other concerned contractual clauses, also with a comparative approach with our Italian Civil Code. The second part is instead centred on a more broad and cross border prospective of the international law with the focus on the CISG, and on its apllication, requirement and structure. The third and last part is reserved to the relation between the international Convention and the national Chinese contract law through a comparative approach.

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Eick, Christophe N. „Enforcing international human rights law in domestic courts“. Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63973.

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5

Ketcheson, Jonathan William Gilbert. „The application of domestic law by international tribunals“. Thesis, University of Cambridge, 2014. https://www.repository.cam.ac.uk/handle/1810/283943.

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6

Fisher, S. A. „The uneasy convergence of international law and domestic interpretation“. Thesis, University College London (University of London), 2014. http://discovery.ucl.ac.uk/1458534/.

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The Abduction Convention is in trouble and the Vienna Convention on the Law of Treaties may be able to rescue it. The Abduction Convention is classified by the Hague Conference on Private International Law as a child welfare treaty, adopted as part of its mandate to facilitate the progressive unification of private international law. In 1980 it was hailed by the Conference as a blow struck for social justice. The Interpretive provisions of the VCLT (Articles 31-33) incorporate the principles of international treaty interpretation developed though international practice, which note and accommodate the unique differences and goals of treaty-based law, and prescribe the method for its interpretation. The Abduction Convention has failed to deliver on its promise of social justice because it has been neither progressive nor unified in its application. This paper postulates that application of the VCLT Interpretive rules can ‘correct’ Abduction Convention jurisprudence by identifying appropriate ‘evidence’ for interpretation and suggesting a process by which a progressive application can include developing legal concepts on children’s and family rights as well as emerging information on social and family dynamics. This paper undertakes to use the VCLT Interpretive Rules in their entirety to discover the object and purpose of the Abduction Convention in light of which its disputed terms may be interpreted, and in so doing provides a template for interpretation of other treaties, and the process and evidence for further interpretation of the Abduction Convention itself. It concludes that harmonization of interpretation through the uniform use of the international rules and principles can lead to a progressive application of the Abduction Convention that may allow it to recover its former potential.

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Hagelüken, Alexandra. „The impact of EC law and WTO law on domestic law : a critical analysis of the case law of the European Court of Justice“. Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21683.

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The relationship between, on the one hand, European Community Law and World Trade Organization Law and, on the other hand, domestic law lies at the heart of this thesis The European Treaty and the World Trade Organization Agreements have far reaching impacts not only on their Member States, but also on individuals. It is of crucial importance for the protection of individual rights and for the effective enforcement of these treaties whether individuals can invoke them before their national courts. After giving an overview of the general theories, which exist in international law with respect to the impact of international treaties on domestic law, this thesis analyzes the case law of the European Court of Justice regarding the impact of EC Law on domestic law and the impact of GATT 1947/WTO Law on the European Community. A review of this case law will demonstrate that the European Court has effectively promoted European integration by the doctrines of direct applicability, direct effect and supremacy. In contrast, the European Court has so far denied that individuals or Member States can challenge the validity of EC Law by invoking provisions of the GATT 1947. It is not clear whether the Court will change its attitude with respect to the WTO Agreements. This thesis will demonstrate that the general denial of direct effect to GATT/WTO Law is not based on legal reasons. With respect to the European Community, individuals must be allowed to rely at least on some of the provisions.

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Amit, Roni. „Judges without borders : international human rights law in domestic courts /“. Thesis, Connect to this title online; UW restricted, 2004. http://hdl.handle.net/1773/10732.

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Macarchuk, Ashley. „The Effect of International NGOs on Influencing Domestic Policy and Law“. Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1866.

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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 the success of international NGOs is the State’s willingness to change. When a NGOs interests align with the State, NGOs are able to push for and achieve the largest results. The contrast between the success of human rights and environmental NGOs highlights this as many times States will not recognize their human rights abuses, but are willing to improve their environmental degradation. As a result, NGOs have been met with more success in advocating for change in environmental policy than human rights.

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Ocheje, Paul D. „The domestic dimension of the right to development in international law“. Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0005/NQ43445.pdf.

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11

Luciuk, Stephania P. „The implementation of international obligations into domestic law, lessons from Canada and Ukraine's water protection laws“. Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq24869.pdf.

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Osei-Tutu, Julia J. „Trips and domestic control : implications for developing countries“. Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34016.

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This paper examines the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) on domestic control. The paper explains why intellectual property became part of the global trade agenda. The author considers arguments both for and against stronger global protection for intellectual property rights. Through analysis of the World Trade Organization (WTO) cases on the TRIPS Agreement, the author argues that the TRIPS Agreement has effectively removed from WTO Member states control over their intellectual property regimes. The author focuses on the negative impact that a rigid application of the TRIPS Agreement is likely to have on developing countries.

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Guzmán, Lozano Luz María. „Female labour in Mexico : a legal analysis comparing international and domestic law“. Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99139.

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This thesis analyses the Mexican legal framework and the public policies implemented by the Mexican government regarding female labour from an international perspective. The position to be argued throughout the thesis is that the Mexican government has not fulfilled its international obligations derived from the treaties and international conventions that directly or indirectly provide for women's labour rights. The thesis proposes a number of legal reforms and public policies that once properly enforced and implemented by the Mexican government would provide for gender equality in the Mexican labour market.

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Fikfak, Veronika. „Domestic courts and international law : between internationalist expectations and judicial self-perception“. Thesis, University of Oxford, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.570693.

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The thesis is concerned with the role and position of domestic courts in the international legal order. In this context, it does not focus on the traditional discussion of the relationship between domestic and international law but instead brings to the fore the various relationships domestic courts form when dealing .:with international law, namely relationships they construct with their executive and legislature, along with those they form with other states and with international institutions. The thesis argues that according to an ideal internationalist view domestic "--~ courts are key actors in filling the voids in the international legal order and ensuring its effectiveness and stability. This means that courts are often expected to strengthen international law qua law, applying it even against a reluctant executive or a legislature that has failed to incorporate it into domestic. In addition, domestic courts as agents of the international legal order should provide support to international institutions, acting in their place as a forum when these institutions are unable to act, and as an enforcement mechanism when decisions of these institutions necessitate domestic implementation. In order to understand whether domestic courts share this view of their role, the thesis analyses domestic courts' responses to arguments with which international scholars legitimate their ideal views of the role of domestic courts. The thesis investigates firstly, whether domestic courts as organs of state feel bound by international law (the authoritative argument) and secondly, whether courts consider themselves agents of the international legal order and as such required to support the decisions of international institutions by recognising their expertise and primacy (the pragmatic argument). The disparity uncovered between the internationalist view and the self- perception of domestic courts reveals domestic courts' influence on relationships in the international legal order as well as their power to redesign the set-up and the functioning of this order.

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Fernandes, Joao Miguel de Brito Pinto. „Enforcement of international human rights law in domestic courts in Mozambique and Ghana“. Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1143.

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"The domestic courts have not been able to enforce international human rights in Mozambique and there are no institutions to address the concerns of victims of human rights abuses. A limited number of NGO's operating in the field of human rights play a role, which is not significant considering the number. Several factors, for example, the lack of knowledge of international human rights instruments by the people in charge of administration of justice such as judges, prosecutors, or even lawyers and legal assistants, may explain this. The present paper is an attempt to explore why the international human rights norms are not enforced in the Mozambican legal system; this will be done in a comparison with the situation [in] Ghana. ... This paper is structured in five chapters. Chapter one is the introductory chapter, it essentially introduces the topic, discusses the manner in which the research will be caried out, namely the methodological approach used, literature review, objectives of the study and its limitations, [and] last but not least, it outlines the research questions and the hypothesis. Chapter two gives the definitions of the main concepts used in this paper; it goes further in discussing the relationship between national law and international law focusing [on] the theories of monism and dualism. It also analyses the constitutional provisions dealing with international law in the Mozambican and Ghanaian legal order in the light of the monist and dualist theories. Chapter three discusses the sources of international human rights law and their implications [for] the enforcement of internationl human rights law in domestic courts. It goes further by discussing the principles governing domestic applicability of international human rights law and finally discusses the obstacles to the enforcement. Chapter four is the case study of this paper: it analyses how international human rights law is enforced by domestic courts in Mozambique and Ghana and several other aspects around the judiciary and the international human rights law training. Chapter five finally draws conclusions and gives recommendations on what should be done to ensure the enforcement of international human rights law in domestic courts." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Professor Kofi Quashigah at the Faculty of Law, University of Ghana
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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Yustisia, Baiq Dewi. „Enforcing foreign arbitral awards in Indonesia: Overcoming disharmony between international and domestic laws“. Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2015. https://ro.ecu.edu.au/theses/1667.

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As a developing country with a vast population and an abundance of natural resources, Indonesia is keen to foster international business connections and foreign investment in the country. One approach to improving Indonesia’s economy is to nurture its arbitration system, because arbitration is the preferred method by which international business people settle disputes arising out of cross-border transactions. Having ratified relevant United Nations (UN) conventions as a dualist country, Indonesia has transformed various provisions into its domestic law. However, there is a gap between Indonesia’s international obligations and its domestic legal enforcement whereby the Indonesian judiciary does not operate harmoniously with both Indonesian arbitration law and the international conventions to promote enforcement of foreign arbitral awards (FAAs); in other words, the Indonesian judiciary has insufficient discretion in deciding FAA cases. The practice of Indonesia’s arbitration shows that the country has been struggling to enforce FAAs. In the 12 years prior to February 2012, only 41 FAAs were registered in Indonesia, and the number of successful FAAs has been small. This thesis explores the practice of arbitration and the enforcement of FAAs using Indonesia as a case study. Ten court decisions focusing on FAAs are analysed using the case study analysis approach to consider how decisions are made. In five of these cases, FAAs were unsuccessful, whereas five FAAs were successful—findings that confirm the hypothesis that Indonesia’s arbitration system has been hampered by obstacles that prevent FAAs being enforced in the country. FAAs in England and Australia provide comparisons to explore whether these countries suffer similar problems to Indonesia. Various obstacles were identified, including (a) the inconsistency of the Indonesian judiciary in making decisions regarding FAAs; (b) domestic law (i.e. Act No. 30/1999 regarding Arbitration and Alternative Dispute Resolution) that operates unharmoniously with international law (i.e. arbitration laws and conventions); (c) misunderstandings by the Indonesian judiciary in interpreting issues of absolute competence (i.e. jurisdictional issues), the separability doctrine and public policy issues used as grounds to set aside FAAs in arbitration cases; and (d) the dualism adopted in the system in Indonesia may not be the best to promote the growth of international arbitration in Indonesia. The measures needed to improve Indonesia’s arbitration system include: (a) Short-term goals: providing up-to-date and further education and professional training for Indonesian judges in international law and international arbitration as well as stronger enforcement of Indonesia’s international obligations; ensuring frequent interactions between domestic judges, lawyers, international jurists and international organisations; and ensuring the quality of the judicial interpretation of law (i.e. discretion of judges). (b) Long-term goals: a monist system for Indonesia may place the country in a better position than does the current dualist system, and support the development of the country’s arbitration system. The findings in this thesis confirm that despite ongoing problems, Indonesia is moving towards fulfilling its international obligations, guarding its sovereignty and maintaining impartiality in its judicial decision making. The improvements will create an improved arbitration climate for international investment in Indonesia to bring more justice for arbitral parties should any disputes arise, and to overcome disharmony between international and domestic laws.

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Hazlewood, Kellisia. „Ghana's Invisible Girls| The Child-Kayayei Business and its Violation of Domestic and International Child Labour Laws“. Thesis, Regent University, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=1606298.

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Throughout the world, children engage in labour that denies them of their childhood. Child labour is a growing global concern, as an estimated 218 million children are engaged in the practice. Though child labour reduced in some parts of the world, it is still one of the major developmental challenges facing many African countries such as Ghana. This thesis advocates for a group of young girls in southern Ghana who engage in child labour through the child-kayayei business. Kayayei is a term describing people who transport goods on their heads for a small fee. Despite Ghana’s regulations against child exploitation and head porterage, child-kayayei usage is widely accepted. The thesis first introduces the topic through a case study based on a personal interview and a brief overview of the child-kayayei crisis in Ghana. Thereafter, the thesis addresses (1) how the child-kayayei business violates the Constitution of Ghana and Ghanaian laws; (2) how the child-kayayei business violates international law; and (3) how Ghana should be held accountable to the international community, under the jurisdiction of the African Court for Human and Peoples’ Rights, for its non-compliance to child labour regulations. The thesis concludes with plausible legal solutions to Ghana’s on-going child-kayayei crisis.

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Frits, Paul K. „Measures affecting domestic and foreign competition in the Canadian computer-telecommunications sector“. Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59390.

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The thesis examines the Canadian policy and law affecting those services sectors affected by the provisions of the Canada - U.S. Free Trade Agreement which relate to telecommunications, enhanced network services, and computer/information services.
In particular, constitutional law and administrative law in telecommunications matters are examined. Also examined in detail are those provisions of the Free Trade Agreement which affect the regulatory measures relating to the telecommunications transport sector and regulatory measures relating to other services which extensively utilize telecommunications, computer and information services.

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Lewis, Lizani. „The application and reconstruction of international law by domestic courts : an analytical framework for the judicial mediation of a cosmopolitan and emancipatory international law“. Doctoral thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4713.

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Includes abstract.
Includes bibliographical references.
The end-goal of this study is to promote a bottom up reconstruction of international law. This implies, first, that reconstruction is necessary, and, second, that such reconstruction has substantive merit. As humanity heads into the future in 'Lifeboat Earth', a number of global storms are brewing, ranging from catastrophic environmental degradation to an economic meltdown and political instability, accompanied by grave human suffering – all of which can be addressed only through ecumenical cooperation at a global level. This, in turn, presupposes a global system of regulation. Thus far, the only regime available has been international law. Hence, it is imperative that it is (or becomes) justifiable, persuasive and relevant for all its participants and recipients. The study construes this to mean that international law must be cosmopolitan, that is, globally relevant and counter-hegemonic, and thereby emancipatory, which signifies a normative order wherein human potential can flourish.

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Ndayikengurukiye, Michel. „The international human rights law as a source of law in the Burundian judicial system“. Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1154.

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"The enjoyment of all human rights by all persons is the ultimate horizon of democracy. It is generally admitted that democratic societies are less likely to violate human rights. The good human rights records of these societies can be justified, among others, by the promotion of a strong legal culture, which provides procedural avenues for allocating responsibility for human rights violations. Thus, the protection of human rights follows from the functions of law in society, and the nature of human rights claims. At the national level, human rights are protected by both domestic and international mechanisms. Therefore, the human rights claims should be based on violations of either domestic law or relevant provisions of operational international human rights instruments. However, most of the time this is not the case, especially in Africa. Many African states have ratified several international human rights instruments, but the record of the way the latter are applied in their respective judicial systems remains very poor. This study aims to analyse the case of Burundi, one of these state whose judicial system only rarely applies international human rights instruments in spite of the importance devoted to them by the Constitution. It must be understood that international human rights as a source of law will be referred to, in this study, both as a source of rights and as a source of interpretation of domestic human righs instruments such as the Bill of Rights. ... Chapter one will set out the content of the research, identify the problem and outline the methodology. Chapter two will focus on the status of international law in domestic legal systems. It will highlight the theories that have been used to determine the relationship between international and domestic law in general. Chapter three will analyse on basis of some samples of cases how the Burundian courts interpret and apply international human rights instruments. Chapte four discusses the role played by the Burundian lawyers in the enforcement of these instruments. Chapter five will draw [a] conclusion and recommendations." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Professor Grace Patrick Tumwine-Mukubwa at the Faculty of Law, Makerere University in Kampala, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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Barnsley, Ingrid Clare. „Understanding the domestic implementation of international law on economic, social and cultural rights“. Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.530016.

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Parrillo, Robert Louis. „Extradition a test of international cooperation in the enforcement of domestic criminal law /“. Tallahassee, Florida : Florida State University, 2009. http://etd.lib.fsu.edu/theses/available/etd-05232009-145316.

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Thesis (Ph. D.)--Florida State University, 2009.
Advisor: Will H. Moore, Florida State University, College of Social Sciences, Dept. of Political Science. Title and description from dissertation home page (viewed on Oct. 28, 2009). Document formatted into pages; contains v, 106 pages. Includes bibliographical references.

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Ezejiofor, Obianuju Chioma. „Domestic courts and international investment arbitral tribunals : nurturing a profitable and symbiotic relationship“. Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8964.

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This thesis proposes that conscious and increased co-operation and coordination of the relationship between investment tribunals and domestic courts can greatly improve the efficacy of the international investment arbitration system, and further the rule of law. The extent of the power both forums wield, the level of influence both systems have on each other and the critical roles both systems play in the resolution of investment disputes warrant a systematic approach to cooperation and coordination. This study finds justification for this proposition by analyzing the policy implications of investment arbitration outcomes. It goes on to explore the relationship between domestic courts and investment tribunals by examining the roles they play and the areas of jurisdictional friction between the two systems. The core issues addressed include the jurisdiction and competence of international investment tribunals and domestic courts in the resolution of investment disputes; the support roles of domestic courts; anti-suit/anti-arbitration injunctions; pre-conditions to arbitration; the effects and implications of the review of investment tribunals’ decisions by domestic courts, and the review of the lawfulness of the conduct of domestic judicial systems by investment arbitration tribunals. In addressing these issues, the work examines the extent to which domestic courts and international arbitration tribunals should accord deference to each other with respect to their involvement in the resolution of investment disputes. Based on the analysis of the areas of intersection between the domestic and international investment dispute settlement systems, instances of ‘positive interactions’ are highlighted and encouraged. The study also proposes ways in which further cooperation and coordination can take place. In making these proposals, and acknowledging the differences that exist, this thesis considers the collaboration between other international adjudicatory bodies and domestic courts so as to distill lessons for the international investment arbitration system.

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Al-Rodiman, Abdulaziz. „The application of Shari’ah and international human rights law in Saudi Arabia“. Thesis, Brunel University, 2013. http://bura.brunel.ac.uk/handle/2438/7578.

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The present dissertation provides an analytical and comparative study of the application of Islamic law (Shari’ah) and international human rights law in the Kingdom of Saudi Arabia. It provides an analysis of the sources of Islamic law as well as the sources of international law to set the background for analysis and defines the nature of both laws. It also tackles the subject of the domestic application of international human treaties in Saudi Arabia. In addition, it examines some reservations Saudi Arabia has entered to some of the international human rights treaties it has ratified, specifically the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). It also sheds some light on the political, cultural and religious obstacles to the realisation of norms protected by international human rights treaties in the country, and in other countries for that matter, clearly stating the impossibility of implementing the provisions of the international human rights treaties in their entirety. This is due to the various political and legal developments towards the internationalization of the concept of human rights. It observes that despite the existence of the international human rights treaties, which aim at reinforcing a universal realisation of international human rights, these rights cannot be possibly realised by all countries. To stress the importance Saudi Arabia attaches to the issue of human rights, the dissertation discusses some rights of women before Saudi courts in family matters, an issue which has been criticised by some international human rights treaties, and examines to what extent the country has managed to tackle the issue of domestic violence, particularly violence against women. It provides an overview of the major causes of domestic violence against women in Saudi Arabia, presents some cases of domestic violence before Saudi courts and sheds some light on the measures taken by the Saudi government to combat domestic violence against women. It also tackles this issue both in the international and domestic legal frameworks, clearly stating the Islamic standpoint on the issue, namely that Islamic law, and Saudi Arabia for that matter, whose laws are essentially derived from the two main sources of Shari’ah. It also discusses the common forms of violence against women in Saudi Arabia and suggests a number of recommendations towards more effective protection of women against violence in the country. The dissertation concludes by presenting a number of obstacles in the way of executing judicial decisions in the Kingdom as well as the obstacles which negatively affect the performance of the new code of law practice. It also presents some recommendations concerning personal status law obstacles and hindrances to progress and attempts to answer the research questions it has posed.

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Tshosa, Onkemetse Baster. „Some legal aspects of the incorporation of international human rights law into domestic laws of Botswana, Namibia and Zimbabwe“. Thesis, University of Edinburgh, 1999. http://hdl.handle.net/1842/22701.

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This thesis is a critical analysis of the incorporation and role of international human rights law in the municipal laws of Botswana, Namibia and Zimbabwe. It adopts a comparative approach. This approach is predicated on the following similarities between the three countries. These countries have inherited the same Roman-Dutch common law from the erstwhile colonial Powers, they have entrenched Bills of Rights in their respective national Constitutions and there is an emerging judicial practice of invoking and relying upon international human rights law in interpreting national law. The areas examined are: the dominant theories on the relationship between international law and national law, colonial legal legacy, the reception and status of international human rights law in the pre-independence era, the domestic status of international law at independence and new departures, if any, from the colonial legacy, and the practice of each of these counties in relation to these theories in the post-independence legal order. As regards the latter, the study examines the extent to which Namibian monist theory adopted at independence and the monist-dualist inherited legacy of Botswana and Zimbabwe have been applied since independence in national law particularly by the judiciary in the enforcement of human rights law. A comparison is made between the countries in question in order to assess the relevance of classical monism and dualism in the domestic application of international human rights law. In particular, the thesis examines the extent to which the common theoretical approach inherited by these countries towards international law, customary and conventional, has been retained or departed from in the enforcement of national human rights law.

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Turamwishimiye, Marie Rose. „Reconciling biodiversity conservation and agricultural development in the context of international and domestic law in Rwanda“. Doctoral thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16790.

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Includes bibliographical references
This thesis explores the tensions between biodiversity conservation and agricultural development in a legal context in Rwanda, a small and poor African developing country. It does so against the backdrop of relevant international conventions, the relatively recent constitutional dispensation in the country as well as the land reform process which has been underway in the country over the last few decades. Partly based on the findings of an empirical study, the core of the work outlines, examines and critically assesses relevant domestic Rwandan policies, laws and institutions focusing on areas of particular concern namely the laws applicable to the conservation of soil, water and genetic resources in agriculture, including conservation of crop and livestock diversity. The conclusions and recommendations are embedded in the need for policies, laws and institutions to accommodate the increase in agricultural production to eradicate hunger, alleviate poverty as well as recognition of the interlinkages between agricultural development and biodiversity conservation. The study concludes that Rwandan laws are inadequate in that they have been disparately and inefficiently developed, that agricultural development and biodiversity policies be revised to aim at sustainable agricultural development and that a coordinated institutional framework with full involvement of all concerned stakeholders and appreciation of local knowledge and sustainable agricultural practices is required. Specific legal, policy and institutional shortfalls are highlighted including lack of implementing regulations; omission of necessary legislative provisions on key areas in the biodiversity and agricultural sectors and others. The work concludes by making specific recommendations and proposals to reconcile the need to promote agricultural development while facilitating biodiversity conservation and ultimately sustainable development.

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Malmsköld, Elin. „The status of abortion in public international law and its effect on domestic legislation“. Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-355922.

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Few issues divide leaders and policy-makers as much as abortion, which regularly sparks heated political, religious and philosophical debates. Numerous states choose to prohibit or criminalize abortion, despite the fact that it has been practiced throughout recorded history. In many of these states, women turn to unsafe abortion methods, such as consuming bleach or inserting a coat hanger, which may cause long-term damage or death. In the light of this tragic reality, one could ask whether these women have a right to safe abortion in human rights law or not. In order to answer this question, the author analyzes the status of abortion in public international law. The results are based on a thorough examination of the preparatory works (travaux préparatoires) and reservations to CEDAW, CRC, ECHR, and ICCPR, as well as documents by international and regional treaty bodies. The author applies a treaty-based international law methodology, analyzes the results through Hilary Charlesworth and Christine Chinkin’s theory of the public and private distinction in public international law and discusses the juridical- political context. The author concludes that there is neither an explicitly formulated human right to abortion, nor is abortion included within the right to family planning. However, she finds that domestic legislation which criminalizes or restrict access to safe abortions may be in violation of other fundamental human rights.

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28

Suganami, Hidemi. „Domestic analogy in proposals for world order, 1814-1945 : the transfer of legal and political principles from the domestic to the international sphere in thought on international law and relations“. Thesis, London School of Economics and Political Science (University of London), 1986. http://etheses.lse.ac.uk/124/.

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The ways in which legal and political principles obtaining within states can profitably be transferred to the relations of states are among the contentious issues in the study of international relations, and the term 'domestic analogy' is used to refer to the argument which supports such transfer. The 'domestic analogy' is analogical reasoning according to which the conditions of order between states are similar to those of order within them, and therefore those institutions which sustain order within states should be transferred to the international system. However, despite the apparent division among writers on international relations between those who favour this analogy and those who are critical of it, no clear analysis has so far been made as to precisely what types of proposal should be treated as exemplifying reliance on this analogy. The first aim of this thesis is to clarify the range and types of proposal this analogy entails. The thesis then examines the role the domestic analogy played in ideas about world order in the period between 1814 and 1945. Particular attention is paid to the influence of changing circumstances in the domestic and international spheres upon the manner and the extent of the use of this analogy. In addition to the ideas of major writers on international law and relations, the creation of the League of Nations and of the United Nations is also examined. The thesis then discusses the merits of the five main types of approach to world order which emerge from the preceding analysis. Each embodies a distinct attitude towards the domestic analogy. The thesis shows that there are weaknesses in the approaches based on the domestic analogy, but that ideas critical of this analogy are not entirely flawless, and explores further the conditions under which the more promising proposals may bear fruit.

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29

Marquardt, Stephan. „The right to self-government of the aboriginal peoples of Canada under domestic and international law /“. Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63978.

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30

Tunyavongs, Teera Tony. „Domestic and international law, and transnational terrorism can "reasonable apprehension of physical harm" and "probable cause" elucidate issues concerning imminence and anticipatory self-defense? /“. Thesis, Monterey, Calif. : Naval Postgraduate School, 2007. http://bosun.nps.edu/uhtbin/hyperion-image.exe/07Dec%5FTunyavongs.pdf.

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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, December 2007.
Thesis Advisor(s): Moran, Daniel J. "December 2007." Description based on title screen as viewed on January 24, 2008. Includes bibliographical references (p. 53-55). Also available in print.

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31

Bankas, Ernest Kwasi W. „International law : state immunity and the controversy of private suits against sovereign states in domestic courts“. Thesis, Durham University, 1999. http://etheses.dur.ac.uk/4793/.

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32

Alati, Daniel. „Domestic counter-terrorism in a global context : a comparison of legal and political structures and cultures in Canada and the United Kingdom's counter-terrorism policy-making“. Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:2a37e08e-8463-4000-9fdc-389072bc5960.

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Although both Canada and the United Kingdom had experienced terrorism prior to the attacks that occurred in the United States on September 11, 2001, Roach has argued that the events of that day ‘produced a horrible natural experiment that allows us to compare how international institutions and different countries responded’. Arguably, the most significant international response post-9/11 was the United Nations Security Council Resolution 1373, which set a 90-day deadline for states to implement measures in accordance with the Resolution. Despite the fact that both Canada and the United Kingdom already had in place extensive provisions to deal with terrorism, both countries responded swiftly and their legislative responses reflect the histories and legal, political and social cultures of each country. This thesis tests the hypothesis that national security remains a bastion of national sovereignty, despite the force of international legal instruments like UN Security Council Resolution 1373 and, as such, the evolution of counter-terrorism policies in different jurisdictions is best analyzed and understood as a product of local institutional structures and cultures. To test this hypothesis, this thesis engages in comparative analyses of legal and political structures and cultures within Canada and the United Kingdom. It analyses variations in the evolution of counter-terrorism policies in the two jurisdictions and explores the domestic reasons for them. In its analysis of security certificates and bail with recognizance/investigative hearings in Canada, and detention without trial, control orders and TPIMs in the UK, this thesis reveals how domestic structures and cultures, including the legal system, the relative stability of government, local human rights culture, and geopolitical relationships all influence how counter-terrorism measures evolve.

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33

Venter, Debra. „The UNCITRAL model law on international commercial arbitration as basis for international and domestic arbitration in South Africa / Debra Venter“. Thesis, North-West University, 2010. http://hdl.handle.net/10394/4930.

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Commercial arbitration is growing in importance in the modern world. People often use arbitration to ensure adjudication by an expert in the field and although arbitration may not always be quicker, its importance continues to grow especially in international commercial disputes.1 Effective arbitration procedures will have positive consequences for the economical and political relationships between countries.2 The Arbitration Act 42 of 1965 might have sufficed in the past, but as international commercial arbitration is ever increasing and changing, this act has become out–dated. It does not effectively facilitate international commercial arbitration. The Act was primarily designed with domestic commercial arbitration in mind and therefore it is of limited assistance in the international commercial arbitration sphere. The United Nations Commission on International Trade Law3 has developed the Model Law on International Commercial Arbitration.4 This Model Law or variations thereof can be adopted by a country to regulate international commercial arbitration.5 Many countries choose to adopt the Model Law. The reasons vary but some are that the country’s own arbitration laws were out–dated and needed replacement. The Model Law has proved to be effective and it has become a benchmark for good arbitration legislation.6 Some countries have even adopted the Model Law for use in domestic commercial arbitration disputes. The South African Law Commission7 published a report in 1998 dealing with the possible application of the Model Law on international commercial arbitration in South Africa. It drafted a Draft Bill on International Arbitration (not as of yet promulgated) based on the Model Law.9 One of the points of discussion in the report of the Commission was whether the Model Law should also be made applicable to domestic commercial arbitration in South Africa. The conclusion was that domestic and international arbitration should be dealt with separately and that the present Act regulating domestic arbitration should be amended but not replaced by the Model Law. This implies two arbitration regimes: the International Arbitration Act (dealing only with international commercial arbitration); and the Arbitration Act (dealing only with domestic commercial arbitration) After the Commission’s report had been studied and South Africa’s legal position had been compared with Australia’s legal position, it is conlcuded that Australia is a good example to follow in regard to arbitration practices. It is, however, important to keep South Africa’s own background in mind. A good point made by Australia, is the fact that international commercial arbitration legislation and domestic commercial arbitration legislation, should be kept separate. This will bring about effectiveness and clarity for the users of the said legislation. Furthermore, as end conclusion, the Commission’s view is not favoured in regard to the fact that South Africa’s domestic arbitration legislation should not be based on the UNCITRAL Model Law. It would be a good idea to follow suit with Australia and base both South Africa’s international and domestic commercial arbitration legislation on the UNCITRAL Model Law.
Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2011.

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34

Kirchner, Andree. „Maritime arrest : a legal reflection on the international arrest conventions and on domestic law in Germany and Sweden“. Thesis, Stockholm University, Department of Law, 2001. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-739.

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35

Tolksdorf, Franziska. „The competence of the International Criminal Court with regard to witnesses“. University of the Western Cape, 2014. http://hdl.handle.net/11394/4441.

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Magister Legum - LLM
This research paper examines whether the International Criminal Court has the competence to compel the appearance of witnesses before it, and if the States Parties to the Rome Statute have an obligation to serve and enforce a witness summons issued by the Court. In December 2013 the Office of the Prosecutor requested the International Criminal Court to summon witnesses and ascribed to the Court the power to order some States Parties to enforce witness summonses. The defence counsel in the particular case and the Kenyan government, the requested State Party, opposed the request. In April 2014 Trial Chamber V (A) of the International Criminal Court delivered a decision on that matter in which it found that it had indeed the power to compel witnesses and to order Kenya to enforce the summonses. The decision was confirmed on appeal in October 2014. This paper analyses the issue with reference to the decision of the Trial Chamber, the judgement of the Appeals Chamber, and the assertions by the parties in the present case. It also introduces other approaches on how to deal with this issue. The paper essentially analyses the text of the Rome Statute, the history of its drafting, and compares the enabling laws and jurisdictional competence of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone with regard to the theme under discussion. The paper furthermore analyses how the domestic laws of some states deal with the matter. Finally it examines the measures that the ICC can implement to enforce its orders.

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Ewers, Jade Güdron. „South Africa awaits a possible new law banning foreign ownership and restricting domestic ownership of agricultural land: Is this in line with this country's obligations and commitments under the GATS and its BITS?“ Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25023.

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The South African Government publicly announced its intention to table the Regulation of Land Holdings Bill in Parliament soon, as part of their land reform priority. This potential new law aims to prohibit foreign ownership of agricultural land and to place ceilings on the size of agricultural land that citizens and foreigners may own. Foreigners will be allowed to conclude long term leases. Some parties most likely to be affected by this proposed new Bill are South Africa's fellow WTO Members in services trade and investors from its BIT partner countries. As a WTO Member and BIT partner, SA undertook various contractual obligations and commitments. The primary objective of this study is therefore to determine whether, by promulgating the proposed Bill, South Africa might be violating any of these obligations or commitments. This is done by considering firstly the policy and constitutional background of the Bill in light of the General and Specific GATS commitments such as the MFN, Transparency, National Treatment and Market Access Commitments. The outcome of this analysis shows that South Africa may violate its National Treatment and Market Access Specific Commitments by imposing the ban on foreign ownership of agricultural land. This is because those foreign services providers intending to own (as opposed to leasing) agricultural land to establish commercial presence in South Africa, will be prohibited from doing so - despite South Africa's GATS Schedule of Specific Commitments not indicating any such land ownership restrictions either horizontally or sector-specifically. Examples of affected service sectors are the Tourism, Manufacturing and Construction sectors. It is then concluded that (i) South Africa could potentially raise the public order General Exception against any possible violation claims; but (ii) that South Africa should in the alternative, rather consider modifying or withdrawing some of its GATS Commitments. The protections which South Africa's BITs provide are then analysed in light of what is publicly known about the proposed Bill. It is concluded, for example, that the restriction of the property rights of existing foreign owners of agricultural land in South Africa by restricting their rights to dispose of their land to South Africans only – may constitute indirect expropriation for which they should be compensated in terms of relevant BITs. Although the country's investment policy vis a vis BIT has changed leading to the termination of, for example, some European-South African BITs, these agreements all contain sunset clauses opening up the country for potential investor-state arbitration claims for up to 20 years. The thesis concludes with the recommendation that South Africa carefully considers the implications of potential claims from its WTO and BIT partners and in also, other alternative land reform options.

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37

Kirchner, Andree. „Maritime Arrest: Legal Reflections on the International Arrest Conventions and on Domestic Law in Germany and Sweden“. Thesis, Bremen : A. Kirchner, 2001. http://www.andreekirchner.de/pub/arrest.pdf.

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38

Elfar, Mostafa [Verfasser], und Stephen [Akademischer Betreuer] Oeter. „International Investment Law and Domestic Legislation in MENA : Egypt, Jordan and Morocco / Mostafa Elfar ; Betreuer: Stephen Oeter“. Hamburg : Staats- und Universitätsbibliothek Hamburg, 2019. http://d-nb.info/1190285797/34.

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39

McQuigg, R. J. A. „How effective is international human rights law? : a case study of domestic violence in the United Kingdom“. Thesis, Queen's University Belfast, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.432852.

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40

Larson, Aron N. „The Effects of NAFTA and Domestic Reforms on the Development of Mexico’s Agriculture Sector“. Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/926.

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For my thesis, I analyze effects of recent political developments on the development of Mexico’s agriculture sector. In 1994, Mexico joined NAFTA, sparking major change in many of Mexico’s major industries as a result of lifted trade restrictions. In addition to joining NAFTA in 1994, Mexico has implemented domestic programs over the last thirty years with the goal of expanding its agriculture sector. While some of the effects of Mexico’s domestic policies are concurrent with the effects of NAFTA, I separately evaluate the effects of NAFTA and these domestic agriculture policies. Specifically, I analyze the effects of these political developments on Mexico’s agricultural sector by evaluating changes to the trade balances of four major categories of commodities: vegetables, fruits & nuts, dairy and cereals. I compare the changes to Mexico’s trade position with the changes to trade positions of a selected group of six countries, which I call the “comparison countries.” The trade data covers the time period of 1975-2012, enabling the analysis to adequately evaluate the changes to trade “before and after” these political developments intervened. I find that NAFTA had mixed effects on Mexico’s agriculture sector’s development. Some commodities experience growth and increased exports to NAFTA countries, suggesting that NAFTA effected these industries positively. On the other hand, I find that NAFTA marred the development of other commodities as a result of domestic policies in the US distorting trade. Finally, I find that the effects of Mexico’s domestic programs either aided in the growth of some commodities or simply enabled producers to remain in the competitive NAFTA markets.

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41

Stark, Derek Anthony. „Deceptive intentions: Packaging the Cuban Missile Crisis for foreign and domestic consumption“. Thesis, University of Ottawa (Canada), 2005. http://hdl.handle.net/10393/27044.

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Derek Stark's thesis examines the diplomatic history behind the Cuban Missile Crisis. It focuses on how the crisis was packaged and delivered to its various constituents. The crisis was framed differently to the varying members of the administration of the governments involved, the allies of these nations, the members of the United Nations, and the populations of the countries through their media. Information pertaining to the crisis was being manipulated, not only through inaccurate testimonials that came from Washington after the fact, but during the crisis as well, as a conscious effort was being made to influence how the history would be interpreted. The thesis provides a clear-cut case of information-manipulation from the highest levels of the US government. Were President Kennedy's deceptions required to protect his own political position or were they needed for more valid reasons of international strategy? Stark's thesis includes the complex answer to this question.

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42

Mangezi, Mutsa. „International law before municipal courts: the role of International Court of Justice decisions in domestic court proceedings with specific reference to United States case examples“. Thesis, Rhodes University, 2008. http://hdl.handle.net/10962/d1007325.

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In the case of LaGrand (Germany v United States), the International Court of Justice held that the United States (US) had violated its international obligation to Germany under the Vienna Convention on Consular Relations when it executed two German nationals without first informing them of their consular rights. The case came before the court after the United States had disregarded a preliminary ruling passed by the IC], which directed the US not to execute the German nationals pending the outcome of the ICJ case. The decision raised the issue of the effect of ICJ decisions in domestic proceedings and the effectiveness of ICJ enforcement mechanisms. This thesis considers the possibility of a role for national courts as active enforcers of ICJ decisions. It is argued that whilst evidence shows that there is no legal obligation on courts to enforce ICJ decisions, there is certainly room in international law to facilitate this development. In support of this argument, the thesis demonstrates how basic presuppositions about international law have shifted over the last few decades. This shift has been both the impetus and the result of globalisation. The case of LaGrand alongside similar cases is used to show how national courts may play an increased role in the enforcement of ICJ decisions.

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43

Chirwa, Danwood Mzikenge. „Towards binding economic, social and cultural rights obligations of non-state actors in international and domestic law: a critical survey of emerging norms“. Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This study argued that the issue of non-state actors requires a comprehensive response that includes the recognition of both non-binding and binding human rights obligations of these actors. It examined critically the emerging norms on voluntary obligations, state responsibility, and direct responsibility of these actors with regard to human rights at both international and domestic levels.

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44

Bjorge, Eirik. „A theory of national application of the European Convention on Human Rights“. Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:886adfa8-c036-415c-9268-cc1f828792a5.

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This study seeks to flesh out a theory of national application of the European Convention on Human Rights (ECHR). It does so by seeking to provide an answer to the research question, ‘what is the proper role of the domestic courts in the application of the European Convention?’ By relying upon the examples of French, German, and UK law, the study argues that it is not true in descriptive terms, nor desirable in normative terms, that the domestic courts take an approach to the ECHR based upon friction and assertion of sovereignty. This study argues instead that domestic application of the ECHR is built on the attainment of certain aims. These aims are inferred, in the main, from the domestic courts’ jurisprudence, such as it relates to four central ECHR doctrines, and they are: the doctrines of evolutionary interpretation; proportionality; the margin of appreciation; and autonomous concepts. On the basis of an analysis of this jurisprudence, the four aims are identified as being, first, honouring the principle of pacta sunt servanda; secondly, the safeguarding of human rights based upon the insight that human rights are a paramount good to be pursued; thirdly, the aim of positive, as opposed to negative, rights diversity; and, fourthly, the aim that conclusions reached on the domestic level of one state must be capable of being universalized. The approach of the domestic courts to the application of the ECHR can be explained on the basis of the domestic courts’ wish to attain these four aims. The proper role played by the domestic courts, the study argues, is one in which they are willing to give a lead to Strasbourg as well as to be led, in both, to use the wording of the Preamble of the ECHR, ‘the maintenance’ and in the ‘further realisation’ of the Convention rights.

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45

Njambatwa, Siyasanga. „The protection of the right to freedom from torture and extradition in South Africa“. University of Western Cape, 2013. http://hdl.handle.net/11394/3911.

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46

鈴木, 將文, und Masabumi SUZUKI. „Domestic Measures for Public Health Policy and International IP/Trade Law : The Case of the Australian Plain Packaging Act“. 名古屋大学大学院法学研究科, 2012. http://hdl.handle.net/2237/17433.

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47

Gutuza, Tracy. „An analysis of the methods used in the South African domestic legislation and in double taxation treaties entered into by South Africa for the elimination of international double taxation“. Doctoral thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4628.

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Includes abstract
Includes bibliographical references.
This thesis adds to the body of literature exploring the policy principles of equity and neutrality, as applied in the context of methods relieving international double taxation and in the context of a recently opened and developing economy.

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48

Elofsson, Mattias, und Caroline Salén. „Is it just culture? Or is relationship marketing in an international financial centre superior to one in a small market with a domestic focus?“ Thesis, Kristianstad University College, Department of Business Administration, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3779.

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Relationship marketing is today becoming a more important element for the financial service providers, since competition within the market is increasing due to regulations and globalisation. Due to the fact that competition is increasing customer retention is becoming more and more important for the financial service providers. In order for the financial service providers to keep the customers there has to be a certain degree of trust between the actors in the relationship.

The purpose with this dissertation is to investigate what causes the differences between strategies of banks in an international financial centre such as Hong Kong, and banks in a smaller market with a domestic focus. Further we wanted to investigate what constitutes a relationship within the financial service industry, and what are the advantages and disadvantages with relationship marketing. In order to answer our research questions we made case studies on Hong Kong and Sweden. Within these case studies we conducted interviews with HSBC, Regan Lam, SEB and Handelsbanken. An additional interview was added in order to identify the differences in culture between Sweden and Hong Kong.

Our interview questions related to trust and culture and our interviews were conducted by phone. The result of our research was that there are differences between banks’ strategies in an international financial centre and a small market with a domestic focus. However, they all can be explained by cultural and environmental factors.

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49

Castle, Allan. „Collusion and challenge : major wars, domestic coalitions and revisionist states“. Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=41997.

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This dissertation examines the emergence of revisionism in the foreign policies of the great powers: it is concerned with the rise of 'challenger' states. Current approaches to the rise of challengers (arguments from 'structure', 'prudence', and 'historical sociology') are if generally useful also incomplete, leaving the emergence of several great power challengers not fully explained. This dissertation offers a new explanation, not as a replacement but as a complement to these theories, and in doing so accomplishes two tasks: first, it explains cases previously unaccounted-for; and second, it does so in a fashion that acknowledges the co-determination of domestic and international politics. The new model suggests that the seeds of challenges to international orders are often found in the wartime experience itself, in social pacts between elites and societal groups struck to achieve mobilization requirements. Violation of these pacts in the postwar period can in turn generate powerful political movements for the overthrow of both the domestic and international postwar orders. The explanation offered by this model is then applied to five cases of great power behaviour after major wars. While imperfect in its ability to account for great power behaviour in all these cases and thus requiring refinement, the model obtains sufficient support to warrant further exploration of these and other cases in future studies.

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50

Hardowar, Rishi Kumarsingh. „Improving domestic enforcement of socio-economic rights through international law : ratification of the International Covenant on Economic, Social and Cultural Rights by South Africa“. Thesis, University of Pretoria, 2009. http://hdl.handle.net/11394/3220.

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Dissertationen zum Thema „Domestic Law. International Law“

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