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Dissertations / Theses on the topic 'International conflicts'
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1
Kurdovanidze, Salome. "conflicts in international teams." Master's thesis, Vysoká škola ekonomická v Praze, 2014. http://www.nusl.cz/ntk/nusl-201774.
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This thesis aims to define international team and conflicts and identify the essential competencies for a manager and employee of international teams. It is argued that everyone in an international team should possess more skills and competencies than those who belong to homogeneous teams. As a result, representatives of international team must be able to understand culturally diverse backgrounds manage conflicts constructively, and comprehend different strategies to handle sensitive cases. The research begins by reviewing literature on culture, cultural dimensions in the team and conflict. A survey was performed on 167 individuals from various cultural backgrounds to analyze their attitudes towards multicultural teams and their managers. Some findings are in accordance with theories and some show different interesting opinions experienced pragmatically by the respondents. Eventually, the author based on the results obtained from the empirical research and the theoretical literatures has created a recommendation.
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Macak, Jakub (Kubo). "Internationalized armed conflicts in international law." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:793d605d-dea3-403c-95df-c88bfe0cf19f.
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In a world shaped by the simultaneous forces of globalization and fragmentation, very few armed conflicts remain isolated from any foreign involvement and confined to the territory of one State. On the contrary, many begin as internal conflicts that gradually acquire international characteristics of varying degree and nature. Yet, the law of armed conflict forces each such conflict into one of two legal categories: it must either be a non-international, or an international armed conflict. Accordingly, the prevailing approach in the literature is to examine what type of conflict, if any, corresponds to a certain situation in reality at a given time. In contrast, this thesis opts for a dynamic approach, focussing on the combination of factors that transform a prima facie non-international armed conflict into an international armed conflict. It argues that four such modalities of internationalization have emerged thus far: (1) outside intervention; (2) State dissolution; (3) wars of national liberation; and (4) relative internationalization by way of recognition of belligerency, unilateral declarations, or special agreements. Since some situations feature more than two conflict parties, the thesis puts forward an autonomy-based interpretive model, which enables to determine whether such situations should be seen as a single internationalized armed conflict or a number of independent international and non-international armed conflicts. On the basis of this comprehensive map of conflict internationalization, the thesis turns to the effects brought about by this process. It analyses two areas of the law of armed conflict considered to be regulated differently in the two respective types of conflict, namely matters of combatant status and belligerent occupation. It argues that fighters belonging to non-State armed groups participating in internationalized armed conflicts are in principle eligible for combatant status and it proposes an interpretive model for the determination whether they in fact meet the relevant criteria in practice. Finally, the thesis argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts. To substantiate this claim, it delineates the temporal, geographical, and personal scope of the law of occupation in such conflicts. In its totality, the thesis analyses the meaning, process, and effects of conflict internationalization and on this basis argues for a particular interpretation of the concept of internationalized armed conflict in international law.
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Corbetta, Renato. "State partisan interventions in international conflicts." Diss., The University of Arizona, 2004. http://hdl.handle.net/10150/280684.
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The dissertation explores the phenomenon of joining behavior--non-neutral interventions by third party states in interstate conflicts. The opportunity and willingness theoretical framework (Most and Starr 1989) is used to develop a model of third party intervention that integrates simultaneously intervention decision, alignment choices, and selection of specific intervention techniques. Within the general model of third party intervention, two models of third party's preference formation--a rational choice and a homophily-based model--are compared. The models are empirically tested with newly collected data on interventions in interstate disputes for the 1946-2001 period. The data expand current knowledge on third states' activities by including information on non-military--diplomatic and economic--intervention techniques. Opportunity factors are found to predict effectively third parties' intervention; while willingness shapes alignment decisions and selection of intervention techniques. Strategic and homophily-based similarities with the state supported in a conflict and dissimilarities with the state being antagonized are found to matter equally in shaping third parties' decisions. Methodologically, this study addresses a variety of selection issues present in current research on joining behavior. Theoretically, it speaks to a variety of international relations issues, such as balance-of-power and bandwagoning, spatial diffusion of conflict, foreign policy substitutability and decision-making, and alliance formation and reliability.
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Jackson, Richard D. W. "Negotiation versus mediation in international conflict: Deciding how to manage violent conflicts." Thesis, University of Canterbury. Political Science, 1988. http://hdl.handle.net/10092/8905.
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The thesis is an attempt to fill the theoretical and empirical gap in current conflict management research, which has failed to examine methods of conflict management comparatively. Two dominant paradigms exist, neither of which is adequate to the task of comparing negotiation and mediation in the real world of international politics: the Psychology paradigm and the Third Party Intervention paradigm. An alternative theoretical framework, the Contingency framework of negotiation and mediation was therefore, constructed. This model suggests that negotiation and mediation are conceptually and empirically different, and specifies a series of contextual and process variables which are vital to any examination of conflict management. Utilising a unique data set of thousands of cases of negotiation and mediation coded according to the variables specified in the Contingency model, a general bivariate analysis, followed by a more in-depth multivariate analysis, revealed a number of important differences and similarities between the two methods. The results suggest that negotiation and mediation are different forms of conflict management, which are most likely to be successful under contrasting conditions in international politics. Negotiation is the most successful method overall, but tends to be limited to low intensity, interstate conflicts. Mediation tends to occur in the most intense, intractable, and primarily civil conflicts, and is useful under a number of onerous circumstances.
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Masad, David P. "Agents in Conflict| Comparative Agent-Based Modeling of International Crises and Conflicts." Thesis, George Mason University, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10131444.
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Inter-state conflicts are a key area of study in international relations, and have been approached with a variety of techniques, from case studies of individual conflicts, to formal analysis of abstract models and statistical investigations of all such conflicts. In particular, there are a variety of theories as to how states make decisions in the face of conflicts – such as when to threaten force, when to follow through, and when to capitulate to an opponent’s demand. Some scholars have argued that states may be viewed as rational decisionmakers, while others emphasize the role of psychological biases affecting individual leaders. Decisionmaking is challenging to study in part because of its complexity: the decisionmakers may not just be individuals but organizations, following internal procedures and reflecting institutional memory. Furthermore, the decisions are often believed to be strategic, reflecting the decisionmakers’ anticipation of multiple other actors’ potential responses to each possible decision.
In this dissertation, I demonstrate that agent-based models (ABMs) provide a powerful tool to address this complexity, and advance their use as a bridge between different methodologies. Agents in ABMs can be used to represent countries and endowed with a variety of internal decisionmaking models which can operationalize a variety of theories drawn from case studies, psychological experiments or game-theoretic analysis. The specific decision model agents utilize may be changed without altering the sub-models governing how the agents interact with one another. This allows us to simulate the same overall interactions utilizing different decisionmaking theories and observe how the outcomes differ. Furthermore, if these interactions correspond to real-world events, we may directly see how much explanatory or predictive power the outputs of the model variants provide. If one variant’s outputs correspond closer to the empirical data, it provides evidence supporting that variant’s underlying theory.
I implement two agent-based models, extending well-established prior models of international conflict: the International Interaction Game (Bueno de Mesquita and Lalman, 1992) and the Expected Utility Model (Bueno de Mesquita, 2002). For each, I start with their original agent decisionmaking models, and develop several variants grounded in relevant theories. I then instantiate the models with historic, empirically-derived data and run them forward to generate sets of simulated outcomes, which I compare to empirical data on the relevant time periods. I find that non-rational models of decisionmaking in the International Interaction Game provide similar explanatory power to the purely rational model, and yield rich satisficing behavior absent in the original model. I also find that the Expected Utility Model variant implementing a Schelling (1966)-inspired model of coercion yields richer dynamics and greater explanatory power than the original model.
In addition to providing evidence in support of particular theories and hypotheses, this work demonstrates the power of the comparative modeling methodology in studying international conflict. Future work will involve adding more statistical controls to the model output analysis, comparative analysis between the outputs of the two overall models, and extension of the decisionmaking models for each. The same methodology may also be expanded to other formal and computational models of international relations, and social science more broadly.
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Ranganathan, Surabhi. "International law and strategically-created treaty conflicts." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608031.
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Hameed, Asif. "Conflicts with jus cogens in international law." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:5b111346-30bb-409c-9a08-1c82cf67c228.
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Jus cogens is a mysterious body of international law. It comprises legal standards which are thought to be superior to those in ordinary international law, namely, international treaties, customary international law, and general principles of law. The title of this study 'Conflicts with Jus Cogens in International Lawa' condenses its main aims. The study examines conflict-situations between jus cogens rules and rules of ordinary international law. The study is divided into four Parts. Part I clarifies what jus cogens status means and how jus cogens rules are made. Part II analyses some of the different ways in which legal rules come into conflict with each other. I seek to push the boundaries of our understanding of legal conflict, and I also construct a typology of legal conflict. In Part III, I apply the analysis of conflict in Part II to the jus cogens context by identifying and classifying situations where rules of ordinary international conflict with jus cogens rules. Finally, Part IV explores the consequences of the conflicts with jus cogens which were identified in Part III. What we see is that the consequences of these conflicts are varied. Most strikingly, however, we find that in some cases jus cogens rules are being defeated by rules of ordinary international law. This challenges the orthodox thinking that jus cogens rules are straightforwardly superior to ordinary international law, in the sense that they always prevail in conflict-situations. But while the conclusion of the study may seem radical, it is informed by theoretical writing about law and about how rules conflict. Ultimately, the study seeks to improve our understanding of jus cogens rules in international law, as well as the more general problem of how legal rules conflict with each other.
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Baldé, Saïdou. "La justice pénale internationale et les conflits armés en Afrique subsaharienne : contribution à l’étude du droit international pénal." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10014/document.
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Kadimanche, Kadima Kalala André. "La mise en oeuvre du droit international humanitaire en République démocratique du Congo." Electronic Thesis or Diss., Université Côte d'Azur, 2022. http://www.theses.fr/2022COAZ0035.
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Malgré l'engagement de la République démocratique du Congo en matière de droit international humanitaire, engagement favorisé par son appartenance au système moniste et sa participation institutionnelle aux instances de mise en œuvre prévues par les traités humanitaires, les règles du droit international humanitaire sont constamment violées en République démocratique du Congo. Cette réalité a amené à analyser les facteurs de l'ineffectivité de sa mise en mise en œuvre. Parmi ceux-ci, les principaux semblent être les insuffisances institutionnelles favorisant l'impunité en matière de crimes internationaux et l'inopérabilité de certains mécanismes de mise en œuvre prévus par les traités humanitaires. Afin de pallier ces défaillances, la thèse fait des propositions concrètes pour une mise en œuvre effective et efficiente du droit international humanitaire en République démocratique du Congo, notamment la création des Chambres spéciales au sein du système judiciaire congolais pour juger les internationauxDespite the commitment of the Democratic of the to international humanitarian law - a commitment favored by its membership in the monist systèm - and its institutional participation in the implementation bodies provided for in humanitarian treaties, the rules of IHL are constantly violated in the Democratic Republic of the Congo. This reality has led to an analysis of the factors behind the ineffectiveness of the implementation. Among thse, the man ones seem to be institutional shortcomings that encourage impunity for international crimes and the inoperability of certain implementation mechanisms provided for in humanitarian treaties. In order to overcome these shortcomings, the thesis makes concrete proposals for the effective and efficient implementation of international humanitarian law in the Democratic Republic of the Congo, including the creation of Special Panels within the Congolese judicial system to try international crimes
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Lagerberg, Eric M. "Conflicts of laws in private international air law." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59992.
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The thesis deals with problems of conflict of laws and its latest developments, especially in Europe, in relation to international air transport. (1) The contractual situations connected with air transport are analysed in light of the applicable international air law conventions and of a comparative survey of the conflict of laws rules of some states and international conventions on conflict of laws concerning contracts. Where the international air law conventions do not supply the solution or where they are not applicable resort has to be made to the conflict of laws. (2) Conflict of laws also arises in the legal interaction (contracts, sale of goods, transfer of ownership--res in transitu, torts, marriages, wills, etc.) between persons onboard an aircraft in flight. (3) The aircraft as an expensive and highly mobile chattel poses problems from the rights in rem point of view in the conflict of laws. (4) Aircraft accidents and the tortious liability of persons and entities involved as well as obligations arising from assistance and rescue operations pose conflict of laws problems.
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Cho, Sihyun. "Applicability of international humanitarian law to internal armed conflicts." Thesis, University of Cambridge, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245162.
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Karlén, Louise. "State Responsibility Regarding Starvation in Non-International Armed Conflicts." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-81618.
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Khan, Abdur Rob. "Protracted international conflicts in South Asia : the route to intractability in the Kashmir conflict 1947-1990." Thesis, University of Kent, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.357839.
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Gbandi, Tchapo. "Villes, conflits ethniques et accords sur l'eau : trois essais en économie internationale." Thesis, Pau, 2020. http://www.theses.fr/2020PAUU2073.
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Le commerce international est l'un des éléments majeurs qui a restructuré profondément la vie des nations et de l'économie mondiale. Cette thèse aborde trois sujets différents dans le domaine du commerce international. Elle apporte en premier lieu, de nouveaux développements sur la contribution du commerce international à la répartition géographique des populations au sein des nations et détermine en second lieu son influence sur les conflits ethniques. Ensuite, elle analyse la réaction des échanges mondiaux aux accords internationaux sur l'eau qui s'érigent ces dernières années comme un outil important du développement durable et socialement équitable. Les contributions de ce document, tiennent non seulement de l'originalité des questions traitées et des méthodes utilisées, tout en proposant et en exploitant des mesures mieux indiquées pour capter les faits analysés.Dans le premier chapitre, nous analysons si le commerce international a eu un rôle dans le développement des grandes villes des anciens pays colonisés. D'un point de vue théorique, un accès difficile au marché mondial de biens pourrait amener la principale ville à devenir la plateforme des exportations, attirant ainsi les populations. Dans le cas contraire, il y aura une meilleure répartition de l'activité économique dans le pays, et par conséquent moins d'incitation des populations à s'agglomérer dans la capitale. Notre analyse montre que le commerce international semble ne pas affecter la taille des grandes villes dans les anciens pays colonisés. Les institutions restent par contre déterminantes pour expliquer la taille des villes : la démocratie est source de concentration des populations dans les grands centres urbains des pays en développement.Le second chapitre examine la relation entre le commerce et l'insécurité dans les pays africains. En nous concentrant sur les conflits ethniques, cette partie met en avant le fait que le type de partenaires à l'échange déterminerait le coût d'opportunité à un conflit ethnique. Les résultats obtenus valident cette intuition en démontrant que les échanges internationaux des ethnies, le commerce régional et le commerce interne d'un pays ont des effets hétérogènes sur la promotion de la paix. Ainsi, il ressort que le commerce international des ethnies et le commerce interne des pays ont des effets pacificateurs contrairement au commerce entre pays qui partagent au moins un groupe ethnique. Cependant, seul le commerciale international des ethnies semble remodeler l'identité nationale qui à son tour réduit la probabilité de conflits ethniques.Le dernier chapitre se concentre sur la fulgurante augmentation des coopérations internationales concernant la gestion des bassins d'eau communs. L'eau étant un élément essentiel des processus de production des biens, il conviendrait de savoir, après plusieurs décennies d'implémentation, l'impact de ces accords sur le commerce. En effet, trois hypothèses concurrentes peuvent être émises. Il se pourrait que ces accords ne soient que des discours politiques sans conséquences réelles n'impactant pas le commerce. Il est aussi possible que ces accords se matérialisent par des tentatives pragmatiques visant à respecter les objectifs de développement durable et dans ce cas, il est probable que ces accords ont un effet négatif sur le commerce. A l'inverse, ces accords permettant une meilleure allocation des ressources en eau entre pays, peut aussi stimuler la production (notamment agricole) et in fine les échanges commerciaux. En général, les résultats révèlent que les accords sur l'eau, motivés en particulier par les hausses de température, représentent un coût au libre-échange en Europe, en Asie et en Amérique (mais pas en Afrique), il semble donc que ces accords sur l'eau ont un contenu de protection environnementale important qui limitent les échanges commerciauxInternational trade is one of the key factors that have deeply reorganized the world economy. This thesis addresses three different topics in the field of international economics. It firstly brings new insights on the contribution of international trade to the geographical distribution of populations in countries and secondly, determines trade effect on ethnic conflicts. Afterwards, this document examines the reaction of world trade to international water agreements that increasingly emerged in recent decades as a tool for sustainable and socially equitable development. The contributions of this document stem not only from the originality of the topics discussed and the methodologies adopted, but it also proposes and builds more appropriate indicators that are better suited to capturing the issues under analysis.Thus, the first chapter assesses whether international trade is relevant in explaining the development of large cities in past European colonies. We argue that trade restrictions can provide an advantage to one city, which may become the platform for exports and catastrophically attracts people. By contrast, trade liberalization, by providing market access to other cities, fosters the dispersion of economic activities and consequently a dispersion of the population. The empirical investigations have led to the conclusion that international trade does not drive the size of large cities in the former colonized countries. Only institutions drive the size of primate cities: democracy goes hand in hand with agglomeration.The second chapter analyses the relationship between trade and insecurity in African countries. Focusing on ethnic conflicts, this part of the thesis argues that the type of trading partners determines the opportunity cost of an ethnic conflict. The international trade of ethnic groups, the regional trade and countries' internal trade may have heterogeneous effects on peace. The data analyses results support this prediction by pointing out that international ethnic trade and countries' internal trade are peace-promoting tools unlike trade between countries that share at least one ethnic group, which appears as a factor of ethnic conflicts. However, only international ethnic trade seems to reshape the national identity of countries, which in turn reduces the likelihood of ethnic conflicts.In the last chapter of the thesis, we discuss the growing concern about the international management of shared water resources. As water constitutes an important input in the production of goods, it seems necessary to assess the effectiveness of international water agreements with regards to trade after several decades of implementation. One can argue that these agreements are just "cheap talk", or rather pragmatic attempts to meet the sustainable development objectives to take actions for better water management. Conversely, these agreements, by allowing a better allocation of water resources between countries, can also stimulate production (especially agricultural production) and ultimately trade. Thus, this chapter firstly sheds light on the climate change indicators that are the main drivers of the increasing implementation of shared water resources' agreements. Secondly, it examines whether these agreements affect international trade before proposing their overall effects on countries. In general, the study reveals that water agreements, motivated in particular by high temperature signals, represent a cost to free trade in Europe, Asia and the Americas, except in Africa. Therefore, it seems that these water agreements have substantial environmental protection contents that restrict trade
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Pershutkin, Alexander. "Information society and domestic conflicts." Diss., Online access via UMI:, 2008.
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Situmorang, Mangadar. "Intrastate conflicts and international humanitarian intervention: case studies in Indonesia." Thesis, Curtin University, 2007. http://hdl.handle.net/20.500.11937/822.
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The differences in the international responses to the violent conflicts in East Timor (1998–1999), Maluku (1999–2003) and Aceh (1998–2005) are examined in this research. Given the growing acceptance of the significance of the use of military force for humanitarian purposes, the humanitarian crises in Maluku and Aceh might prima facie have justified humanitarian intervention similar to that in East Timor. By analysing the differences from the Indonesia’s domestic political point of view it is clear that the conscience-shocking situation caused by the violent conflicts was not the compelling factor for the international community to militarily intervene. The deployment of a multinational force in East Timor (INTERFET) was decided only after the UN and foreign major countries believed that such military intervention would not jeopardize the ongoing process of democratization in Indonesia. This suggested that Indonesia’s domestic circumstance was central to whether a similar measure in Maluku and Aceh would take place or not. Due to the reformasi (political reform) in Indonesia within which the independence of East Timor took place, two main changes within Indonesian politics, namely the growing sentiment of anti-international intervention and the continuing democratization process, helped to ensure that humanitarian intervention in the two other regions did not happen.These two conditions were fortified by the increasingly consolidated democratic politics which brought the communal conflict in Maluku to the Malino Peace Agreement. The emergence of a stronger and democratic government in Indonesia, furthermore, made cooperation with the international community possible in seeking a peaceful resolution to the armed conflict in Aceh. By involving the Crisis Management Initiative (CMI) the government of Indonesia and the Free Aceh Movement (GAM) agreed to the Helsinki peace agreement and accepted the role of the Aceh Monitoring Mission (AMM) to secure its implementation. Thus, a strong democratic government made an international military intervention for humanitarian purposes unnecessary.
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Situmorang, Mangadar. "Intrastate conflicts and international humanitarian intervention: case studies in Indonesia." Curtin University of Technology, Dept. of Social Sciences, 2007. http://espace.library.curtin.edu.au:80/R/?func=dbin-jump-full&object_id=18582.
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The differences in the international responses to the violent conflicts in East Timor (1998–1999), Maluku (1999–2003) and Aceh (1998–2005) are examined in this research. Given the growing acceptance of the significance of the use of military force for humanitarian purposes, the humanitarian crises in Maluku and Aceh might prima facie have justified humanitarian intervention similar to that in East Timor. By analysing the differences from the Indonesia’s domestic political point of view it is clear that the conscience-shocking situation caused by the violent conflicts was not the compelling factor for the international community to militarily intervene. The deployment of a multinational force in East Timor (INTERFET) was decided only after the UN and foreign major countries believed that such military intervention would not jeopardize the ongoing process of democratization in Indonesia. This suggested that Indonesia’s domestic circumstance was central to whether a similar measure in Maluku and Aceh would take place or not. Due to the reformasi (political reform) in Indonesia within which the independence of East Timor took place, two main changes within Indonesian politics, namely the growing sentiment of anti-international intervention and the continuing democratization process, helped to ensure that humanitarian intervention in the two other regions did not happen.These two conditions were fortified by the increasingly consolidated democratic politics which brought the communal conflict in Maluku to the Malino Peace Agreement. The emergence of a stronger and democratic government in Indonesia, furthermore, made cooperation with the international community possible in seeking a peaceful resolution to the armed conflict in Aceh. By involving the Crisis Management Initiative (CMI) the government of Indonesia and the Free Aceh Movement (GAM) agreed to the Helsinki peace agreement and accepted the role of the Aceh Monitoring Mission (AMM) to secure its implementation. Thus, a strong democratic government made an international military intervention for humanitarian purposes unnecessary.
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Szesnat, Felicity. "The applicability of the law of armed conflict regimes : the classification of armed conflicts in international law." Thesis, University of Essex, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.701646.
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Treaty rules governing the classification of armed conflicts have been said to give rise to problems in both theory and .practice. This requires examination, as classification determines the specific set of ius in bello rules which must be applied to a particular armed conflict. If classification rules are problematic, the treaty and/or customary rules critical to the protection of victims and the conduct of hostilities may not be applied. This thesis first examines the treaty classification system to determine its legal coherence and practical workability. Each category within this system is considered in order to identify the criteria and sub-criteria which need to be satisfied for cl situation to fall within it. In doing so, treaty negotiation records and commentaries, State practice, court judgments and commentators' writings are analyzed. The thesis also investigates whether certain types of armed conflicts fall outside the current system. Second, it determines whether there is a customary classification system, an issue which rarely receives attention. It is also examined for legal coherence and practical workability. . It is concluded that, in the main, the treaty classification system is legally coherent and workable in practice, although there are legal grey areas which require attention. It also concludes that there is a customary classification system, albeit one which is still emerging. Although this system clearly recognizes a distinction between international and non-international armed conflicts, whether there is more than one threshold for non-international armed conflicts is unclear. In addition, some of the criteria and sub-criteria are not clearly ascertainable, and their scope is also frequently unclear. These issues notwithstanding, assertions that the treaty classification system is inherently problematic are argued to be unfounded. The reluctance by some States to acknowledge that they are engaged in particular types of armed conflicts leads to a proposal that an independent, authoritative and contemporaneous mechanism for classification determination is desirable.
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Zamir, Singer Noam Ziso. "Classification of conflicts in cases of foreign intervention in civil wars." Thesis, University of Cambridge, 2014. https://www.repository.cam.ac.uk/handle/1810/283965.
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Galvis, Martinez Manuel Andres. "Allegiance in International Armed Conflicts: The Role of the Duty of Fidelity in International Humanitarian Law." Doctoral thesis, Università degli studi di Trento, 2018. https://hdl.handle.net/11572/367959.
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The duty not to betray the social group is an ancient socio-political concept adopted by authorities to regulate the loyal behaviour of their members. Such duty has been legally regulated for centuries and now forms part of the domestic legal systems of contemporary states. Known in English as allegiance, the duty of fidelity is a fundamental concept of law that gains notoriety in times of armed conflicts. However, allegiance has been overlooked by scholars of international law as a factor in the design, interpretation and application of the rules of international humanitarian law (IHL) that protect individuals during armed conflicts and limit the capacity of states to choose methods of warfare.
This study analyses the role that the concept of allegiance plays in the rules of IHL applicable in international armed conflicts. This is done by determining the contemporary meaning of allegiance in state practice, the ways it has been introduced into international law, and its use by relevant actors in six areas of IHL. The investigation reveals a rich historical practice around the concept of allegiance, its incorporation in rules and discussions of IHL, and the employment of this concept for multiple and diverse purposes: from the alleged basis for conferring protected status to civilians, to the alleged basis for denying protected status to combatants; from a protected element of occupied population, to a corruptible element of enemy population outside occupation; and as a presumption of dangerousness for enemy aliens, the required mens rea for desertion, and a vague term to determine connection between belligerent parties and armed groups.
This study clarifies the contemporary understanding of allegiance, and confronts the concept with treaty provisions, case law, and academic debates relevant to the use of allegiance in IHL. Additionally, the study explores the relation between domestic law and international law applicable during international armed conflicts and the overlooked position of individuals of dubious loyalties such as traitors, collaborators, deserters, internal enemies, and corrupters.
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Galvis, Martinez Manuel Andres. "Allegiance in International Armed Conflicts: The Role of the Duty of Fidelity in International Humanitarian Law." Doctoral thesis, University of Trento, 2018. http://eprints-phd.biblio.unitn.it/3048/2/DECLARATORIA_ENG_DEF_220608_164117_signed.pdf.
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The duty not to betray the social group is an ancient socio-political concept adopted by authorities to regulate the loyal behaviour of their members. Such duty has been legally regulated for centuries and now forms part of the domestic legal systems of contemporary states. Known in English as allegiance, the duty of fidelity is a fundamental concept of law that gains notoriety in times of armed conflicts. However, allegiance has been overlooked by scholars of international law as a factor in the design, interpretation and application of the rules of international humanitarian law (IHL) that protect individuals during armed conflicts and limit the capacity of states to choose methods of warfare.
This study analyses the role that the concept of allegiance plays in the rules of IHL applicable in international armed conflicts. This is done by determining the contemporary meaning of allegiance in state practice, the ways it has been introduced into international law, and its use by relevant actors in six areas of IHL. The investigation reveals a rich historical practice around the concept of allegiance, its incorporation in rules and discussions of IHL, and the employment of this concept for multiple and diverse purposes: from the alleged basis for conferring protected status to civilians, to the alleged basis for denying protected status to combatants; from a protected element of occupied population, to a corruptible element of enemy population outside occupation; and as a presumption of dangerousness for enemy aliens, the required mens rea for desertion, and a vague term to determine connection between belligerent parties and armed groups.
This study clarifies the contemporary understanding of allegiance, and confronts the concept with treaty provisions, case law, and academic debates relevant to the use of allegiance in IHL. Additionally, the study explores the relation between domestic law and international law applicable during international armed conflicts and the overlooked position of individuals of dubious loyalties such as traitors, collaborators, deserters, internal enemies, and corrupters.
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Favretto, Katja. "Mediation in the shadow of coercion the strategy of great power intervention in international conflicts /." Diss., Restricted to subscribing institutions, 2009. http://proquest.umi.com/pqdweb?did=1835179511&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.
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Perna, Laura. "The formation of the treaty law of non-international armed conflicts /." Leiden [u.a.] : Nijhoff, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/50248327X.pdf.
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Hwang, U. "Essays on political economics : intergenerational resource conflicts and international labour standard." Thesis, University of Cambridge, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.604909.
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This thesis studies some issues related to intergenerational conflicts and resource management and international labour standards within a political economics framework. The thesis includes a collection of four self-contained essays. The thesis is based on the idea that politics is an essential factor in the formation of economic policy. We argue that policy making should be viewed as an endogenous process in which the interests of politicians, voters and lobby groups over the relevant policy are traded off. In chapter 2, we study the political economy of resource management in an OLG framework with an intertemporal externality problem. The externality arises because a common resource used for production is depleted by production of “dirty” goods. An intergenerational conflict arises because the young generation cares about the level of current production of dirty goods. This is so because production of dirty goods affects the future availability of the resource. The old, on the other hand, has no such concern, and tries to maximise current resources use. We assume that the interests of the two generations are represented by two pressure groups. They lobby the government to affect the policy choice – an upper limit on the resource use allowed for production of dirty goods – in their favour. The game between the two lobby groups and the government is modelled as a dynamic common agency. We study stationary equilibria focussing on a particular class of strategies which we called “Take It or Leave It” (TIOLI) strategies, where a principal makes a positive contribution only when her payoff maximising policy is implemented. It is shown that political competition may lead to a “greener” environment policy and to less resource exploitation than in an unregulated economy. More surprisingly, we also find that resource exploitation may be lower in political equilibrium than in an economy run by a social planner. In chapter 3, we consider a simple two-period version of the model analysed in chapter 2 and study political equilibria in “truthful” strategies, as suggested by Bernheim and Whinston (1986). In contrast to the “TIOLI” strategy equilibrium, the “truthful” equilibrium is efficient. The comparison between the truthful and the TIOLI equilibrium highlights the difference between the logic of political compromise and that of partisan politics. Chapter 4 investigates the controversial relationship between labour standards and globalisation (a fall in transportation costs) within a two factor-two sector Heckscher-Ohlin-Mayer political-economy trade model. The right to collective bargaining is one of the core labour standards. Chapter 5 develops a two-country model of political competition between industry lobbies and unions that can explain regulation that relate to this labour standard. We compare equilibrium outcomes in a number of different institutional frameworks.
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Silva, Athbandanage Indika Priyantha De. "INTERNATIONAL INTERVENTION IN INTRA-STATE CONFLICTS: THE CASE IN SRI LANKA." Monterey, California. Naval Postgraduate School, 2013. http://hdl.handle.net/10945/32811.
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This thesis attempts to understand various factors involved with the intervention of powerful countries in the affairs of weaker countries, taking the Indian intervention in Sri Lanka as a case study. It examines shifts in Indias intervention decisions during the period between the contemporary independence of both countries and the end of the ethnic conflict in Sri Lanka in 2009. The thesis primarily focuses upon four significant incidents that triggered intervention by India in Sri Lanka, and explores how Indias domestic concerns and strategic interests affected Indias intervention decisions under various socio-economic and geo-political situations. By analyzing both strategic and domestic concerns and how they impacted Indias intervention in Sri Lanka during the concerned period, this thesis argues that the Indian decision for intervention in Sri Lanka is deeply shaped by its strong domestic concerns. Indian governments adjusted their intervention decisions to maintain the domestic stability of the country, irrespective of the strategic impact of intervention. Even though Indian governments preferred to maintain a cordial relationship with Sri Lanka, domestic pressure could compel Indian governments to intervene in Sri Lanka. Sometimes, India decided not to intervene when the pressure on the central government was weak, or when more important domestic concerns arose which favored non-intervention. As far as Indias intervention decisions in the future are concerned, domestic factors will constrain Indias flexibility in shaping decisions to intervene in Sri Lanka.
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Baros, Miroslav. "International law and resolution of the Yugoslav conflicts : application or creation?" Thesis, University of Nottingham, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.275964.
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Kazmi, Naveed. "How do middle class Pakistani young people construct contemporary international conflicts?" Thesis, London Metropolitan University, 2014. http://repository.londonmet.ac.uk/704/.
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This thesis examines how middle class Pakistani young people construct contemporary international conflicts. Little previous research has been conducted in this area, and none in Pakistan. This investigation is of interest because young people like the ones who participated in my research may become future leaders. Therefore, their perceptions and understanding of these issues may influence the way these are addressed in the future. This thesis draws on literature about the just war tradition – what are the just causes of war or jus ad bellum and how ethical warfare must be conducted or jus in bello. The theoretical framework used is that of social constructionism, especially drawing on the ideas of Jonathan Potter, Margaret Wetherell, Kenneth Gergen and Michel Foucault. The research involved six focus groups with Pakistani young people aged 17-18 years. The study found that the participants talked enthusiastically about issues related to international conflicts. They drew on a range of discourses and evidence to construct their arguments, some of which were grounded in not very reliable evidence. They argued that terrorism, whether perpetrated by state or non-state actors, was wrong, and they were highly critical of US policies and actions in the wider world. These findings are important because Pakistani society faces a serious challenge from militancy and terrorism. The thesis suggests that changes to the content and delivery of school curricula can help young people to develop a more informed and morally active sense of citizenship and world affairs.
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Fobanjong, John M. "Interventionary alliances in civil conflicts." Diss., The University of Arizona, 1989. http://hdl.handle.net/10150/184749.
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This study argues that foreign intervention is not a concept that could lend itself to any theoretical inquiry. It is a norm that is applicable mainly in juridical inquiries and in systems theory. It is a norm in systems theory in that the system is made up of two important elements: (1) the distribution of resources; and (2) the norms of conduct that accompany the resources. As a systemic norm, the norm of nonintervention seeks to guarantee stability and predictability in the international system. It is a juridical norm in that it calls either for the indictment or vindication for the violation of sovereign sanctity. It produces a dichotomous debate (such as legal/illegal; right/wrong; etc.) that has none of the operational ingredients of a theory. If foreign intervention is a norm and not a theoretical concept, it means therefore that social scientists have yet to come up with a theory for the study of the pervasive phenomenon of foreign involvement in civil conflicts. Conceptual tools such as 'power theory,' and the psychoanalysis of perceptions/misperceptions have been used by social scientists to study the Vietnam, Nicaragua and other wars simply for lack of more specific conceptual tools. While these concepts have been successful in describing and in explaining these conflicts, they still in a sense remain broad conceptual tools. Explaining the Soviet involvement in Afghanistan in terms of the power theory rationale of national security interest, or the U.S. involvement there in terms of the psychoanalysis of perceived Soviet expansionism only recreate a dichotomous, non-dialectic evaluation of "who's wrong/who's right" elements of the conflict. Crucial factors such as factionalization, escalation, and stalemate, remain unexplained and unaccounted for when these broad concepts are used to analyze such conflicts. It is for this reason that the present study tailors the concept of "Interventionary Alliance" in a manner that addresses both systemic as well as subsystemic properties, internal as well as external (f)actors; and provides explanations that account for the escalations and stalemates that are characteristic of the civil conflicts that proliferate our present international system.
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Bareis, Luka. "Interstate resource conflicts : international networks and the realpolitik of natural resource acquisition." Thesis, London School of Economics and Political Science (University of London), 2018. http://etheses.lse.ac.uk/3783/.
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This work sets out to investigate the effects of natural resource conditions on interstate conflict. It is specifically concerned with understanding when states pursue a violent natural resource acquisition strategy and what the main factors explaining the choice between violent and non-violent resource acquisitions by states are. It has been hypothesized that conditions of natural resource scarcity and foreign resource concentrations have an impact on the conflict propensity of states; and furthermore, that the network level plays a fundamental role in conceptualising and assessing those conditions. In light of a large number of mechanisms posited in the literature, partly working in opposing directions, this study offers a conceptualization of resource conditions arising from threat and opportunity settings, a distinct multilevel resource access framework, and a structured approach to their empirical investigation. The main analysis is conducted in form of a fixed effects logistic model with standard errors clustered on the dyad-level and covering country-dyads of the period 1962-2010 with Military Interstate Dispute (MID) initiation as dependent variable. Overall, the findings of this research suggest that insights with regard to the resource conflict link could be enhanced by taking into account resource frameworks introduced in this work and the network level of analysis. In fact, significant support has been found for the conflict enhancing effect of resource scarcity conditions, especially so if conceptualized in form of perceived resource access security that is nested in the network dimension. With regard to foreign resource conditions this study identifies the costs of conquest as a key factor, even though empirical support is somewhat lower. The reason for this may be the opposing effect of the strategic oil hypothesis for which this analysis also finds considerable support, especially when captured through the network level. Overall, it appears that the conflict-related dynamics arising from a resource threat setting are stronger than those arising from an opportunity setting. The concepts and empirical findings of this study also have significant implications for the direction of future research as they shift the focus from resource ownership to resource access, and ultimately add to the understanding of the causes of war in general. In summary, the empirical findings of this study support that: 1. A conceptual distinction needs to be made between the set of mechanisms associated with resource scarcity (desperate predator mechanisms) and those associated with foreign resource concentrations (greedy predator mechanisms). This distinction is important because each set of mechanisms is nested in a different setting, threat vs. opportunity, respectively. As a result the underlying dynamics with regard to the nexus between resource conditions to interstate conflicts over resources are distinct. This has implications for the key aspects to consider under each set. 2. Resource scarcity should be framed in form of perceived resource access security when investigating scarcity-induced conflicts over resources. This implies a shift of focus from ‘how much’ to ‘who has control or access. Importantly, this means that even in face of general resource abundance, situations of individual resource scarcity are very possible and even likely. 3. The main dimension for assessing resource access security is the trade dimension, more specifically the degree of security with regard to imports of resources. 4. Access security through imports should be conceptualized in terms of embeddedness within global resource trade networks. 5. Unlike resource scarcity, conflicts associated with conditions of foreign resource concentrations should be assessed in terms of the degree to which such concentrations are perceived as an opportunity for conquest. 6. In addition to risks, the main dimension for assessing a resource acquisition opportunity is the degree of costs relative to benefits. 7. The network level appears to be helpful for assessing the degree to which a foreign resource concentration is perceived as opportunity, because it is able to (1) address the major risk factor associated predominantly with this resource-conflict mechanism, namely that of resource importer intervention; and (2) extend the assessment of potential benefits and costs beyond those only associated with the target state directly.
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Hightower, Rudy L. "Oceanic sovereignty and the law of the sea : fishery-based conflicts." Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1997. http://handle.dtic.mil/100.2/ADA333975.
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Thesis (M.A. in National Security Affairs) Naval Postgraduate School, June 1997.Thesis advisors, Rodney Kennedy-Minott, Mary P. Callahan. Includes bibliographical references (p. 123-126). Also available online.
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Kennelly, Kevin G. "The role of NATO and the EU in resolving frozen conflicts." Thesis, Monterey, Calif. : Naval Postgraduate School, 2006. http://library.nps.navy.mil/uhtbin/hyperion/06Dec%5FKennelly.pdf.
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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, December 2006.Thesis Advisor(s):Mikhail Tsypkin, Donald Abenheim. "December 2006". Includes bibliographical references (p. 91-98). Also available in print.
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Haapanen, T. (Tiina). "Managing multicultural teams:dealing with conflicts rising from different expectations and perspectives." Master's thesis, University of Oulu, 2015. http://urn.fi/URN:NBN:fi:oulu-201505211586.
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With globalization and the current direction towards more integrated and cooperating world of business, workplaces and especially teams are becoming increasingly diverse. Cultural diversity brings with it benefits to the team, but also disadvantages like misunderstandings and even conflicts. In this thesis I aimed to find what leaders of multicultural teams have to take into account to avoid conflicts rising from different expectations and perspectives people from different cultures have.
To achieve this I first looked at the main differentiating variable in multicultural teams: culture, and then worked through diversity, teams and leadership to find approaches that lead to best results when managing multicultural teams. To do this I used literature review as there already is variety of literature of the different components, and also confirmed this through empirical study, where I observed and interviewed a multicultural team, OuluSES, for almost a year.
The most important findings were first of all about culture: culture was found to be emergent, people have their own individual culture, but are also part of bigger cultures. For managers of multicultural teams the most important finding was that creating personal relationships lessen the misunderstandings and especially conflicts in multicultural teams, and also lead to best results overall, especially compared to approaches where cultural differences were completely ignored.
The findings from this thesis not only offer a new perspective into the debate between static, national cultures and emergent cultures, but the biggest advantage of the thesis is for every-day leaders of multicultural leaders. As cultural diversity is bound to increase also in the future, workplaces are also bound to become increasingly diverse, which means that leaders have to be ready and equipped to deal with conflicts rising from the differences in expectations, which is where this thesis helps.
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Kramer, Reik. "Network-centric peace : an application of network theory to violent conflicts." Thesis, London School of Economics and Political Science (University of London), 2014. http://etheses.lse.ac.uk/3323/.
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Social networks are complex adaptive systems made up of nodes - human beings - and the links between those nodes. The links in any given network provide individuals with goods and services necessary for survival, including the quest for meaning, narrative and identity. This thesis argues that social networks are not rapidly increasing in complexity (a common view) but that the process of making and breaking links, and the ability to observe and document such processes, has been accelerated and simplified by modern technology. It is this ability to observe the dynamics within networks, networks that are subject to constant and on-going change and evolution, which makes the study of networks useful. Most approaches to social network analysis focus on spoken and written communication along links between the nodes, but shared suffering or execution of violence, or the simple association with a narrative involving violence, is a powerful dynamic in networks. It is a dynamic which has thus far been largely overlooked, but one which has important implications for international relations. Violence creates a shared identity and provides guidance for the behaviour of individuals, but also destroys life. The thesis analyses the case studies of Lebanon and Afghanistan from these perspectives. Whilst most studies on the Lebanese Civil War argue that the outbreak of violent conflict was unavoidable due to domestic and regional antagonisms, these studies do not explain why and how the war ended in 1990 in circumstances where the same factors continued to exist yet suddenly with a relative absence of large-scale violence. In contrast, violence has plagued Afghanistan since the 1970s and shows no signs of abating. Violence here is not tied to a specific conflict but has become the defining form of communication between the various network actors. Network theory can be used to gain a deeper understanding of the causes of violent conflict as well as, importantly, the forces that maintain or limit violence. Once these forces are understood, they can be utilised in an effort to change the prevailing dynamics of violence within a network, and to initiate a more successful approach to peacebuilding efforts within violent conflicts.
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Barasa, Bernard Otieno. "The application of Jus in Bello to indiscriminate attacks in non-international armed conflicts." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12913.
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Includes bibliographical references.This thesis examines the prohibition of indiscriminate attacks in non-international armed conflicts. The world has seen an increase in the number of armed conflicts that are not of an international character. Most of these conflicts have proven to be very destructive and detrimental to persons not taking part in the hostilities. Having in mind the fact that International Humanitarian Law seeks to protect persons not taking part in armed conflicts, this thesis is an appraisal of whether International Humanitarian Law prohibits indiscriminate attacks in non-international armed conflicts.
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Gehart, Sebastian. "Contemporary International Labour Migration Conflicts of interests as challenges for public policy /." St. Gallen, 2008. http://www.biblio.unisg.ch/org/biblio/edoc.nsf/wwwDisplayIdentifier/06608251001/$FILE/06608251001.pdf.
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Chernousov, Pavel. "Economic Sanctions and International Conflicts: The Case of Russia In Comparative Perspective." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/34925.
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The subject of my thesis is the following: “Economic sanctions and international conflicts: the case of Russia in comparative perspective.” I will demonstrate the impact the economic sanctions have had on a state’s foreign policy; whether they have succeeded in persuading or forcing an embargoed country to change its geopolitical actions. I believe there is a case that argues that economic sanctions can work provided that they are applied in a right manner against properly defined targets with a clear purpose.
My thesis will pursue a practical aim of providing direct and proven data based on empirical analysis to reinforce the theoretical base of the tool of economic sanctions. Apart from the research conducted on past case studies, the empirical research will concentrate on the Russian case. It will make use of think-tank reports, official documents and journalists’ investigations, in which the case for sanctions with regard to Russia is well-documented.
In order to understand the development of the tool of economic sanctions, this paper will also outline their main characteristics. A historical and comparative approach is best suited for this purpose, as it offers solid theoretical data to reinforce the main arguments of the study. This information provides a useful tool for building this research project in a conclusive and definitive way.
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Rezania, Akbar. "Iran-Ottoman/Iraq conflicts since 1514 and the role of international politics." Thesis, Nottingham Trent University, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.341223.
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Davies, Graeme A. M. "Domestic instability, trade expectations and the initiation of international conflicts, 1950-1992." Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395127.
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Röhner, Nora. "The peacemaking triangle the United Nations as a mediator in international conflicts /." [S.l. : s.n.], 2006. http://nbn-resolving.de/urn:nbn:de:bsz:352-opus-43318.
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Kucukmehmetoglu, Mehmet. "Water resources allocation and conflicts: the case of the Euphrates and the Tigris." The Ohio State University, 2002. http://rave.ohiolink.edu/etdc/view?acc_num=osu1389276138.
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Alsaid, Mohamad. "International Protection of Children Education During Armed Conflicts and the International Community Response (A Case Study of Syria)." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21086.
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This research critically examines the international protection of children education during the Syrian armed conflict since 2011. It identifies the reasons behind the failure of the international community in providing the necessary protection and its impacts on the Syrian children education. It analyzes the legal protection available to children education in situations of armed conflict in accordance with the international law. In order to evaluate the reluctance of the international community humanitarian intervention under the principle of Responsibility to Protect, this research used the textual analysis method and the realism and liberalism theories. Altogether, during the eight years of the ongoing Syrian conflict, children right to education have been violated throughout Syria, and millions have been out of schools, and many are at high risk to dropout. The research concludes that the vetoes in the Security Council and political and economic considerations among the superpowers have overcome the legal protection.
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Claeys-Broutin, Odile. "Le pluralisme juridique international : contribution des juges internationaux à la mise en cohérence du droit international." Thesis, Paris 10, 2011. http://www.theses.fr/2011PA100175.
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Le droit international évolue et se traduit par une augmentation des normes, des organisations et des juridictions internationales, faisant craindre une fragmentation du droit international au sein de l’ordre juridique international. L’ordre juridique international s’entend, au sens large, comme le droit international régissant la société internationale. Celui-ci englobe les ordres juridiques internationaux spécialisés, composés des organisations internationales. Chacune d’entre elles comprend une juridiction ou un tribunal arbitral. La problématique de cette thèse est de déterminer, par l’étude du pluralisme juridique international, si ce risque de fragmentation du droit international est avéré ou non. Elle se fonde, pour ce faire, sur une analyse systémique des ordres juridiques internationaux, pour établir si ceux-ci établissent des rapports de droit entre eux, ainsi que sur une analyse normative des ordres juridiques, afin de déterminer si chacun d’entre eux a une cohérence propre. Dans une première partie, il est démontré que le pluralisme juridique international semble désordonné, induisant un risque de fragmentation du droit international, en raison, d’une part, de la multiplication des ordres juridiques internationaux et, d’autre part, de leur carence institutionnelle. Il est démontré ensuite, dans une seconde partie, que le pluralisme juridique international s’ordonne grâce à la mise en cohérence du droit international par les juges internationaux. Ceux-ci coordonnent la jurisprudence internationale grâce à leur jurisdictio (dire le droit) et érigent un véritable pouvoir juridictionnel international à travers leur imperium (rendre une décision obligatoire)International law evolves at a rapid pace, and results in a strong increase in norms, organizations and international courts, raising increasing fears about a fragmentation of international law within the international legal order itself. The international legal order is defined, in the broadest sense of the term, as international law aimed at governing international society. This includes specialized international legal systems, made up of a number of international organizations ; each one including a court or an arbitral tribunal. The aim of this thesis is to determine, through the study of international legal pluralism, weather this foreseen risk of a possible fragmentation of the international law is, in the end, proven or not. In order to fulfill this aim, our work is based, on the one hand, on a systemic analysis of international legal orders, this in order to determine whether these bodies establish legal relationships between themselves, and on the other hand, on a normative analysis of legal systems, to determine this time whether each one sets up, or not, its proper inner coherence.In the first part, we show that the international legal pluralism seems to be uncoordinated, inducing a risk of fragmentation of international law, this due, in part, to the proliferation of international legal orders and, and in other part, to their lack of institutional ground. In the second part, we aim at proving that the international legal pluralism finds best its balance when international law is put into practice by international judges. They coordinate international jurisprudence through their jurisdictio (apply the law) and set out the boundaries of a true international judicial power through their imperium (to pronounce a binding decision)
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Yonekawa, Masako. "A critical analysis of South African peacemaking in the conflicts in the Great Lakes region." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/8997.
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Includes bibliographical references (leaves 133-150).The Great Lakes region, where conflict resolution and peace operations have been a challenge for 40 years, has been the site of continuous conflicts in the 1960s and 1990s. Despite South Africa's enormous contribution as a peacemaker in the region since 1996, the situation in eastern Democratic Republic of Congo (DRC) remains fragile. How can another potentially deadly conflict in the Great Lakes region be prevented in the future? And how can South Africa improve its performance as a peacemaker? This dissertation analyses South Africa's peace-making efforts in the context of three events in the Great Lakes region: the 1994 Rwandan genocide, the First Congo War in 1996, and the Second Congo War in 1998. The dissertation takes an empirical approach and focuses on eastern DRC, which has the highest concentration of causalities and is crucial to the wars of the DRC. In addition to literature and documents, I have also incorporated key informant interviews and my own personal observations during my assignment as a humanitarian worker from March 2007 to July 2008. These interviews and observations may shed light on the conflict from the perspective of Congolese people. I argue that South Africa has failed as a peacemaker due to four main factors: South Africa's inadequate knowledge of mediation skills; its ambivalent and contradictory foreign policy that stressed the country's interests; its insufficient understanding of major causes, aggravating factors and the nature of this regionalised conflict; and the Southern African Development Community (SADC)'s paradoxical politics. The aim of this dissertation is to explore possible solutions to conflict by strengthening South Africa's peace-making opportunities, which IS the key to implementing successful conflict prevention.
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Bowen, Andrew. "Syrian-American relations, 1973-1977 : a study of security cooperation in regional conflicts." Thesis, London School of Economics and Political Science (University of London), 2013. http://etheses.lse.ac.uk/900/.
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The United States, a great power, and Syria, a small state, have both been at the heart of the politics of the Middle East since the end of World War II. The systemic conditions of the international system and the shifting politics of the region brought these states into contact and, at times, confrontation, but these interactions never produced a sustained period of security cooperation. By the beginning of the 1970s, both states had begun to reconsider and reshape their positions in the region. The period from 1973 to 1977 produced a rare period of cooperation between these two states in the case of two regional conflicts: the Arab–Israeli conflict and the Lebanese Civil War. To understand that shift in relations, this thesis explores the question: What accounts for the security cooperation between Syria and the US during this period? This thesis makes four observations: first, as results of changes in both states’ leaderships, realpolitik, alongside ideational considerations, became more pronounced in both states’ conceptions of their security environment in the Middle East and their relations with one another. Second, while the Cold War was the predominant context for the US’s interactions with Syria at the start of the 1970s, interactions between the US and Syria were also shaped by local conditions that emerged after the October War. Third, both states, distrustful of the other’s intentions, formed temporary alliances based on short-term common interests. Finally, the regional conflicts themselves introduced circumstances that both strengthened and weakened their security cooperation. While their security cooperation achieved limited results, their relations established a framework for these two states’ subsequent relations. The unresolved issues that emerged from this period of their relations served as the main context for their cooperation and conflict in the following decades, even after the death of Hafiz al-Asad in 2000.
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Madeleine, Emily. "La sécurité alimentaire à l'épreuve du droit international des investissements." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0031.
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Si les investissements internationaux contribuent à la réalisation de la sécurité alimentaire, ils peuvent aussi constituer une menace et une voie d’aggravation. L’étude des interactions entre la sécurité alimentaire et les investissements internationaux révèle l’existence de conflits de normes porteurs de risques alimentaires et met en lumière des déséquilibres normatifs dans le droit international des investissements. Ainsi, la mise en œuvre des droits des investisseurs est susceptible de conduire à l’exclusion de la sécurité alimentaire. A l’inverse, l’affirmation de cette dernière peut générer une altération ou une négation des droits des investisseurs. De sorte que, dans cette situation conflictuelle, les obligations alimentaires de l’État ne pourront pas être satisfaites de manière simultanée avec les obligations énoncées dans les accords d’investissements internationaux. Ces conflits normatifs interviennent comme des alarmes et renseignent d’une part, sur les déséquilibres du pouvoir de règlementation des États et des droits exclusifs des investisseurs, et d’autre part, sur l’asymétrie des droits des victimes d’insécurité alimentaire et des droits des investisseurs. L’insuffisance de prévention renforce les contrariétés de décisions et maintient l’assujettissement des États à des obligations contradictoires. Une fois analysés les conflits de normes et les risques alimentaires qu’ils génèrent, il s’avère que les tentatives de résolution de ces derniers, par le biais des techniques classiques, demeurent souvent inopérantes, rendant compte des limites du système actuel. Pour leur part, les risques, la norme et la responsabilité alimentaire restent parfois non identifiés et ne sont pas appréhendés dans leur globalité. Ces circonstances complexifient la résolution des conflits de normes. Dès lors, la thèse s’attache à démontrer que ces conflits sont susceptibles parfois d’être évités, ou réduits, puis, envisage un traitement dans la résolution de ces derniers en vue de parvenir à une articulation entre les droits des investisseurs étrangers et la protection de l’intérêt public alimentaire de l’État d’accueil de l’investissementWhile international investments contribute to achieving food security, they can also be a threat and a path to aggravation. The study of the interactions between food security and international investments reveals the existence of norm conflicts carrying food risks and highlights normative imbalances in international investment law. Thus, the implementation of investor rights is likely to lead to the exclusion of food security. Conversely, the assertion of the latter may lead to an alteration or denial of investors' rights. In this situation of conflict, the food obligations of the State can not be met simultaneously with the obligations set out in the international investment agreements. These norm conflicts intervene as alarms and inform on the one hand, on the imbalances of the power of regulation of the States and the exclusive rights of the investors, and on the other hand, on the asymmetry of the rights of the victims of food insecurity and the investor rights. The lack of prevention reinforces the contradictions of decisions and maintains the subjection of States to contradictory obligations. Once analyzed the conflicts of norms and the food risks that they generate, it turns out that the attempts of resolution of these, by means of the traditional techniques, remain often inoperative, accounting for the limits of the current system. For their part, the risks, the norm and the food responsibility sometimes remain unidentified and are not apprehended as a whole. These circumstances complicate the resolution of norm conflicts. Therefore, the thesis seeks to demonstrate that these conflicts are sometimes likely to be avoided, or reduced, then, consider a treatment in the resolution of the latter in order to achieve a link between the rights of foreign investors and the protection of the food public interest of the host state of the investment
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Jaiani, D. "Challenges of compensation in case of violations of international law of armed conflicts." Thesis, Sumy State University, 2015. http://essuir.sumdu.edu.ua/handle/123456789/41629.
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The right to reparation is a well-established principle of international law. As stated in the Chorzow Factory case of the Permanent Court of International Justice: "It is a principle of international law that the breach of an engagement involves an obligation to make reparation in an adequate form."
The International Law Commission affirmed this principle in its 53rd Session when it adopted the Articles on responsibility of States for internationally wrongful acts. Additionally, the right to reparation is firmly embodied in international human rights treaties and declarative instruments. It has been further refined by the jurisprudence of a large number of international and regional courts, as well as other treaty bodies and complaints mechanisms. Additionally, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law constitute a significant contribution to the codification of norms relating to the right to reparation.
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Solf, Ali M. O. "Managing intra-state conflicts in Africa : the African Union as an effective security actor." Thesis, University of Glasgow, 2014. http://theses.gla.ac.uk/5977/.
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This thesis seeks to analyse and explain the role of the African Union (AU) in managing intra-state conflicts in Africa. It first identifies the key reasons for the establishment of the African Peace and Security Architecture, namely the failure of the UN and the international community to intervene in remote conflicts in Africa throughout the 1990s and the reluctance of the Organisation for African Unity (OAU) to interfere in the internal affairs of sovereign nations. Then, it points to the gap between the optimism of the AU’s founders and its implementation record: in fact, the AU’s capability to stop conflicts in Africa has produced mixed results at best. Focusing on three different case studies – Burundi, Darfur, and Somalia – this thesis unravels the key factors behind the AU’s performance in promoting peace and security. More specifically, it argues that the AU’s effectiveness to achieve its goals is contingent upon four conditions: the internal process, the mandate of the mission, the commitment of AU member states, and external support. By developing this argument, this thesis highlights the importance of both organisational processes and external factors with the view to contributing to the general literature on effectiveness of international and regional organisations in managing intra-state conflicts.
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Liu, Cong. "Economic Performance and Social Conflicts in Chinese History." Diss., The University of Arizona, 2016. http://hdl.handle.net/10150/612424.
Full textAbstract:
This thesis consists of four chapters on economic performance and social conflicts in Chinese history. The first chapter examines the impact of a major tax reform on protests in the eighteenth century in China. The de jure effect of this reform was to increase the tax burden on the gentry and decrease the tax burden on commoners, yet the de facto effect is under debate. I combine multiple databases into an annual panel dataset from 1700 to 1750 and use detailed information on protest to identify income shocks and tax incidence. The regression results after controlling for provincial fixed effects and national shocks show that the tax reform increased local protests by 0.3 incidents per year, which equals to half a standard deviation before the reform started. Further examination suggests that the de facto effects of the reform hurt commoners rather than the gentry. First, it increased protests by commoners but had no effects on protests by the gentry. Second, provinces with more gentry landlords also had larger increases in the frequency of protests. These results support that the gentry managed to pass the increased tax burdens on to the commoners. This analysis provides quantitative evidence that links social standing and tax burdens in pre-modern society. The second chapter studies the effect of income shocks on different types of conflicts. I consider two types of conflicts: protests, such as grain crises, that requested actions by the government, and revolutionary activities that aimed to overthrow the central government. From 1902 to 1911, China experienced both types of conflicts. I use a detailed record of local conflicts to identify the causes and leaders of each conflict. Combining this information with exogenous price shocks from the international agricultural market, I find that negative income shocks coming from drops in the export price of tea and the increases in the import price of cotton tended to increase the overall frequency of conflicts in general and protests that requested actions from the government. However, the same negative income shocks sometimes reduced revolutionary activities, which was probably caused by the shortage of resources in organizing these activities. These finding suggest an ``income effect'' on conflicts, probably due to the resources needed to organize the activities. The third chapter examines the impact of civil wars on the local economy using newly documented information about civil wars across regions in early-twentieth century China. During this period, China was de facto divided into several regions. Each region was controlled by different warlords or political groups. Warlords fought with each other for a larger territory. I first quantitatively document the scale, timing, and location of these civil wars. Around sixty violent civil wars took place from 1911 to 1934 and 25% of the Chinese counties in my sample were involved in at least one battle. I then examine the impact of civil wars on local economic activities. I find that civil wars overall caused a small negative impact on international trade flows and a 12.1% drop in rural land values. When the results are separated into wars by political groups, the wars involving weak political groups led to 1.7% to 3.8% drop in international trade flows, while the ones by strong political groups had small positive impact on trade flows. Similarly, wars conducted by the powerful incumbent had no negative impact on land values, while the ones between the KMT and the CCP led to a 30% drop in land values. Combined with narrative evidence, the results suggest that incumbent or political groups might have protect trade or reduced harm to the local economy if they relied on tariff or land taxes to finance themselves. The fourth chapter examines the impact of World War I on the Chinese economy. The war largely increased the freight rates in international trade and decreased China's imports of manufactured products from the European countries. I combine data from multiple sources to quantify the development of China's industrial sector and changes in agricultural input prices during and after the war. The firm-level information from the textile industries shows that the textile firms expanded during the war, and the trend continued even after. Using John Buck's survey on land values and labor wages across China, I find that the growing industrial sector also raised agricultural input prices by increasing demand for raw cotton and rural laborers. However, the benefits were small and the impact was clustered around the ports.
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Kartal, Kazim. "Tracing The Evolution Of Un Peacekeeping: Peacebuilding, Internal Conflicts And Liberal Restructuring." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/2/12607607/index.pdf.
Full textAbstract:
Peacekeeping, which was born as an innovation of the United Nations system in an ad hoc way, has transformed in the post-Cold War. In the post-Cold War era, the number of peacekeeping operations increased, new tasks were introduced and the end goal of the operations has changed. Besides, the prevailing understanding of UN peacekeeping has transformed thereby leading us to use the terms peacebuilding and peace operations rather than mere peacekeeping. While during the Cold War era, peacekeeping meant to supervise the ceasefire after interstate conflicts, in the post-Cold War era, peace operations have been mostly utilised in internal conflicts with a view to bring sustainable peace in the lands of internal conflicts. Furthermore, while during the Cold War era, peacekeeping mainly concerned peace/security and sovereignty upon the conflictshuman security and socio-economic development have been embedded into the agenda of peace operations in the post-Cold War era. This thesis offers two dynamics based on a normative change as the underlying cause behind this transformation. In the post-Cold War era, international norms have changed and brought a new parameter: internal conflicts are to be responded. Based on this normative change, the first dynamic is related with the challenge, which internal conflicts pose for peace operations, and the second dynamic is the rise of liberal internationalism, which tends to organise domestic realms of the states.
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Flory, Philippe. "L'action de l'ONU dans le domaine de la justice transitionnelle." Thesis, Université Grenoble Alpes (ComUE), 2018. http://www.theses.fr/2018GREAD004/document.
Full textAbstract:
Depuis son apparition, il y a une trentaine d’années, la justice transitionnelle a connu un développement impressionnant. Elle est passée d’un domaine connu des seuls experts à une pratique généralisée pour les sociétés sortant de conflits, et est désormais considérée comme « normalisée ». Pourtant, l’action de son principal promoteur, l’Organisation des Nations Unies, demeure étonnement peu étudiée dans sa globalité et est, en conséquence, méconnue. La complexité du fonctionnement de l’ONU, organisation aux multiples organes, institutions, programmes, départements et fonds, ne facilite pas l’étude de son action. Celle-ci est d’autant plus compliquée si l’on considère l’absence de définition claire dont souffre toujours la justicetransitionnelle. La question peut alors être posée de l’existence d’une justice transitionnelle onusienne. L’Organisation est-elle parvenue à adopter une approche unifiée ? A-t-elle réussi à l’appliquer de façon cohérente ? Ces questions ne peuvent recevoir une réponse que par le biais d’une étude globale et systématique de l’action de l’ONU dans le domaine de la justice transitionnelleTransitional justice has experienced an impressive growth since its inception, more than thirty years ago. It has evolved from a field known only by experts to a common practice for post-conflict societies. It is now considered “normalised”. Still, the action of its main promoter, the United Nations, remains surprisingly under-studied. Never has it truly been considered in its entirety. The UN action in the field of transitional justice thus remains illknown. It is true that the highly complex structure of the United Nations, comprising numerous organs, institutions, funds, programmes and departments, does not make its study an easy task. The latter is rendered even harder by the equal complexity of transitional justice, a notion still not benefitting from a clear definition. The sheer existence of a United Nations’ transitional justice may be questioned. Has the Organisation managed to adopt aunified approach ? Does it succeed in applying it in a coherent fashion ? These questions may only find answers through a global and systematic study of the UN’s action in the field of transitional justice