Dissertations / Theses: 'Political aspects of Civil law'

1

Boivin, Isabelle. "Rendre effectifs les droits économiques et sociaux par le droit." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82654.

Full text

Abstract:

This thesis asks the following fundamental question: to what extent can economic and social rights be made effective through law? Because this question touches at once upon the effectiveness of these rights and on their status as norms of positive law, attempting to answer it requires first, an openness to other disciplines, and subsequently, to the question of the respect and control of these norms, namely that of sanction. From the outset, a preliminary and multidisciplinary analysis of the issue of contemporary poverty hints at an undeniable deviation with "pure legal theory". Moreover, economic and social rights are becoming more and more tangible in national legislation and more frequently invoked before the court (who is turn are showing a growing openness). 'Hard law' does have a place in this implementation, notably a symbolic one. Thus, the first part is dedicated to the determination of the role of 'hard law' as well as to the relevance of judicial activism. Given the limitations of 'hard law', the second part examines the issue of alternate courses of State action as opposed to any other demands for rights. Two forms of 'soft' and 'reflexive' law will then be examined in the interest of rendering economic and social rights effective: respectively from within the State, and from outside its framework. First, strategic planning (accompanied by outcome-based management) may serve to coordinate the State apparatus in the struggle against poverty. In what concerns the role of law at a societal level and in the context of a complex society, societal guidance will be preferred to impose strategic planning. In this way, it will be possible to shed light on other forms of sanction, which may be complimentary to legal ones. Finally, it is necessary to establish certain control and follow-up mechanisms of this category of rights, more relevant and innovative in order to garner a greater effectiveness of economic and social rights.

APA, Harvard, Vancouver, ISO, and other styles

2

Chavez, Joseph John. "Proposition 209." CSUSB ScholarWorks, 1998. https://scholarworks.lib.csusb.edu/etd-project/1783.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Breindl, Yana. "Hacking the law: an analysis of internet-based campaigning on digital rights in the European Union." Doctoral thesis, Universite Libre de Bruxelles, 2011. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209836.

Full text

Abstract:

Digital rights activism constitutes an exemplary case of how internet affordances can be mobilised to engender political change. The values and principles stemming from the hacker imaginaire, and free and open source software practices, underpin digital rights activism, which uses the internet as a tool, object and platform for the protection of rights in the digital realm. The analysis focuses on how digital rights activists use and adapt the political affordances of the internet to intervene in European Union policy-making. Two original case studies of internet-based campaigning at the European level (the “No Software Patents” and the “Telecoms package” campaigns) provide in-depth insight into the campaigning processes and their impact upon parliamentary politics. The cases highlight the complementarity of online and offline collective action, by examining processes of open collaboration, information disclosure and internet-assisted lobbying. The success of the “Telecoms package” campaign is then assessed, along with the perspective of the targets: members and staff of the European Parliament.

The belief in values of freedom, decentralisation, openness, creativity and progress inspires a particular type of activism, which promotes autonomy, participation and efficiency. The empirical evidence suggests that this set of principles can, at times, conflict with practices observed in the field. This has to do with the particular opportunity structure of the European Union and the characteristics of the movement. The EU favours functional integration of civil society actors who are expected to contribute technical and/or legal expertise. This configuration challenges internet-based protest networks that rely on highly independent and fluctuating engagement, and suffer from a lack of diversity and cohesion. The internet does not solve all obstacles to collective action. It provides, however, a networked infrastructure and tools for organising, coordinating and campaigning. Online and offline actions are not only supportive of each other. Internet-based campaigning can be successful once it reaches out beyond the internet, and penetrates the corridors of political institutions.

Doctorat en Information et communication
info:eu-repo/semantics/nonPublished

APA, Harvard, Vancouver, ISO, and other styles

4

Hoeylandt, Pierre van. "Is there a duty of humanitarian intervention? : an empirical study with moral implications." Thesis, University of Oxford, 2001. http://ora.ox.ac.uk/objects/uuid:3289e232-2d4e-4878-8e2f-ba7e667f5b77.

Full text

Abstract:

Large-scale humanitarian crises in foreign countries raise the question of whether or not other countries have a duty to alleviate that suffering. In extreme cases, humanitarian intervention, that is: military intervention for the purpose of alleviating human suffering, is sometimes advocated as the morally required course of action. This thesis suggests that while the international community has a general moral responsibility to prevent and ameliorate humanitarian crises there is no simple duty of military humanitarian intervention. Hitherto, the question has typically been treated as a matter of either moral or legal principle. This thesis argues that empirical factors, which affect the international community's ability to carry out interventions effectively, have not been given their due weight in the debate. On the basis of evaluations of international responses to crises in Somalia and Rwanda, 1992 - 1994, it is suggested that a range of factors undermine the efficacy of humanitarian interventions. These factors include the impact of state interests, the effects of domestic politics in intervening states and, contrary to expectations, the role of humanitarian considerations in decision making on intervention. By showing the limitations of a simplistic view of a duty of humanitarian intervention the thesis seeks to contribute to reconciling idealism with realism in international crisis-responses. Based on sound moral and political judgment military interventions in humanitarian crises would hopefully be less ambitious and ultimately more effective.

APA, Harvard, Vancouver, ISO, and other styles

5

Khoshroo, Sajjad. "Islamic finance : the convergence of faith, capital, and power." Thesis, University of Oxford, 2018. http://ora.ox.ac.uk/objects/uuid:0ab321e8-0d54-40d6-a1ef-3a37a0a5ffe6.

Full text

Abstract:

This dissertation assesses how Islamic finance fares as an example of 'civil compromise' in Islamic law. By focusing on the Islamic project finance sector, my research examines how the industry's main stakeholders (representing faith, capital, and power) cooperate and compete to bring about this compromise through the 'Game of Islamic Bank Bargains'. The Islamic finance industry is a work in progress, and while it has made some significant strides, it is still a niche in the global conventional financial order rather than an alternative to it. It has fallen short of fulfilling its originally-stated social justice aspirations, but has provided a previously unavailable form of banking and finance for Muslims to transact, at least formalistically, in accordance with widely-believed tenets of their faith. Thus, those who hold up Islamic finance as a universal panacea or dismiss it outright as a fraud have both got it wrong. It is neither. It is, rather, a complex myriad of incentives and aspirations of a multitude of stakeholders muddled together across numerous geographies and evolving incrementally and constantly. The state of the industry is the result of how the stakeholders (the shariah scholars, lawyers, bankers, government officials, and customers) have pursued their self-interest in the Game of Islamic Bank Bargains. My research examines who are the 'winners' and 'losers' of this game, and what religious, commercial, and political factors have influenced this outcome. I assess what may incentivise the incumbent 'winners' to guide the Islamic finance industry away from a formal and legalistic approach towards one that also incorporates principles from Islamic economics. I explore how the 'losers' - whose interests are not accounted for due to their lack of sufficient financial and political clout - can sway the outcome of the game in their favour.

APA, Harvard, Vancouver, ISO, and other styles

6

Gardner, Kasey Christopher. "Ideology in California : the role of oppositional interaction as a strategy in the campaign for Proposition 8." Scholarly Commons, 2009. https://scholarlycommons.pacific.edu/uop_etds/718.

Full text

Abstract:

This thesis analyzes the ideologies present the campaign rhetoric surrounding the 2008 California legislative initiative Proposition·8. Using Foss' method of ideological criticism the campaign is read prior after the opposition response to determine if an ideological shift occurs. The study is framed to identify this shift as a potential product of oppositional interaction, a characteristic of rhetoric defined by Smith and Windes. The study concludes that the shift in ideology during the campaign by the supporters of Proposition 8 was a significant development. The response from the Proposition 8 campaign reframed the debate, making the electorate vulnerable to a different ideology. This new ideology places the state education apparatus, not the courts, in the spotlight as the state mechanism that is in dispute in the marriage controversy. When placed in .this context, theories of political economy are employed to explain how the electorate may have interpreted these arguments. One. explanation offered is that the response ideology of the Proposition 8 campaign allowed voters to vote to outlaw gay marriages as a proactive response to a mistrust of education. The discussion section indicates that this could be an adjustment to existing ideologies, or development of an issues specific ideology that is only relevant for one issue in the mind of the individual. Ultimately, this study demonstrated the utility of ideology as a method to analyze political rhetoric and examines the role that oppositional interaction plays in the long-term development of public dialectic.

APA, Harvard, Vancouver, ISO, and other styles

7

Davis, H. G. "Conceptions of 'politics' in English law : a study based on aspects of extradition, charity and labour law." Thesis, University of Reading, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.329315.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

McEleavy, Peter E. "The Hague Convention on the Civil Aspects of International Child Abduction." Thesis, University of Aberdeen, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286848.

Full text

Abstract:

The aim of this thesis is to analyse the Hague Convention on the Civil Aspects of International Child Abduction and to determine how well the instrument has in fact responded to the problem of international child abductions and how it may, if necessary, be improved. The thesis has sought to include all relevant material published in England, Scotland, France and the United States of America up to 1 August 1997, although where possible reference has been made to more recent case law. The thesis commences with a review of the sociological aspects of the phenomenon. The pre-Convention situation is then assessed and attention drawn to the difficulties inherent in resolving international custody disputes. The evolution of the 1980 Convention is sketched with attention being drawn to how the Special Commission adopted the 'summary return mechanism' rather than traditional private international law remedies. Each of the key articles and concepts in the Convention is analysed in turn with detailed consideration given to the relevant case law. Particular attention is paid throughout to the change in profile of the average abductor from a father with access rights to a primary carer mother, and to the effect this has had on the Convention. The conclusion considers whether the summary return mechanism is still the most appropriate way in which to respond to wrongful removals and retentions.

APA, Harvard, Vancouver, ISO, and other styles

9

Verhaegen, Benoît M. "Aspects légaux des communications aéronautiques mobiles par satellites." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26226.

Full text

Abstract:

The new ICAO CNS/ATM (Communication, Navigation, Surveillance/Air Traffic Management) concept, based on satellite use, entails globalisation of these new air navigation systems.
Concerning the communications, the concept's architecture includes those for security as well as administrative communications of airlines and public correspondence of passengers.
From this point of view, the requested globalisation will lead to regulatory and institutional changes, especially for non-security communications as they are regulated by each State overflown, according to Article 30 of the Chicago Convention.
Every legal solution, of course, must take into account the chosen technology. In this domain, the experience of INMARSAT, with the mobile maritime communications by satellites, will be of tremendous importance.
A period of transition, with regional initiatives, will be necessary too before the general implementation of the CNS/ATM concept.

APA, Harvard, Vancouver, ISO, and other styles

10

Martišienė, Beata. "Civil Aspects of Legal Regulation of Labour Relations." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20120629_152523-45022.

Full text

Abstract:

Summary of doctoral dissertation introduces the object, purpose and tasks, the novelty, actuality and originality of the dissertation. As well as this, the methodology, sources and the structure of the dissertation are given. Main conclusions and results of the research are being presented. Finally, the list of scientific publications and personal details about the author of the dissertation are given.
Disertacijos santraukoje apibrėžiami darbo objektas, tikslai ir uždaviniai, taip pat mokslinio darbo naujumas, originalumas ir aktualumas. Kartu pateikiami pagrindiniai darbe naudoti metodai ir šaltiniai. Pristatomos pagrindinės ir svarbiausios moksliniame tyrime pasiektos išvados ir ginamieji teiginiai. Galiausiai pateikiama bendra informacija apie disertacijos autorę ir jos mokslinių publikacijų disertacijos tema sąrašas.

APA, Harvard, Vancouver, ISO, and other styles

11

Alem, Mohammed Y. "The applicable law to international commercial contracts : harmonization perspectives between civil and common law?" Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61160.

Full text

Abstract:

There seems to be wide acceptance of the idea that divergencies between legal systems give rise to disadvantages. These divergencies are, and have always been, regarded as inconveniences to overcome, particularily between the Civil and Common Law traditions, which present quite diverging points of view in the way the Law is thought. Today, one criterion of evaluating any harmonization of international legal norms is the extent to which the effort enhances certainty, a quality much appreciated in the field of international commercial contracts.
In fact, today, there is a detectable effort on the international level to harmonize the laws, especially in relevance to international contracts, in order to provide a better environment for world trade.
When we decided to go through this subject, we had in mind the importance of understanding this harmonization tendency on the international sphere. That may be the reason why we have tried, in this thesis, to expose the harmonization process adopted by some recent conventions. Our purpose was to prove that, even though differences and disparities may exist, as long as there is a uniform tendency toward social and cultural uniformity, one might predict that these divergencies would eventually even out. We see in this tendency an indication of the convergence of the Common and Civil Law toward the same destination: make this world a better place.

APA, Harvard, Vancouver, ISO, and other styles

12

Saranovic, Filip. "Private international law aspects of freezing injunctions." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/270457.

Full text

Abstract:

The Commercial Court in London is frequently dealing with applications for a freezing injunction. The vast majority of academic literature and court decisions directly or indirectly adopt the view that freezing injunctions have stood the test of time and are so frequently granted in commercial litigation that there is no need for any serious concern about their scope, let alone the need to identify and question the legitimacy of the justifications for their existence. Contrary to the traditional view, this thesis has identified equipage equality as the primary function of freezing injunctions. This recognition that freezing injunctions seek to establish a level-playing field in litigation has led the author to conclude that the current scope of the relief is excessively claimant-friendly and involves illegitimate interference with the sovereignty of foreign states. Taking into account the tactical reasons for seeking a freezing injunction, the author challenges the current interpretation of the substantive preconditions for granting the relief. Their current interpretation does not strike a fair balance between the interests of the parties. The author argues that these concerns are exacerbated by the current international scope of freezing injunctions due to the insufficient regard for the principles of public international law. The encroachment on the jurisdiction of foreign states undermines equipage equality by enabling claimants to make multiple applications for interim relief in respect of the same assets. In the light of the above, the author has sought to make a range of proposals to restrict the scope of freezing injunctions with the aim of bringing the relief in line with equipage equality.

APA, Harvard, Vancouver, ISO, and other styles

13

Kayser, Valérie. "Legal aspects of private launch services in the United States." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60462.

Full text

Abstract:

The last decade has witnessed the development of a private launch industry. Under international space law, in particular the Outer Space Treaty of 1967, States shall supervise and authorize the activities of their nationals, including private launch companies, in Outer Space. In the United States, a substantial set of regulations has been elaborated to exercise this control over the activities of the private launch industry. This thesis analyzes, in a first chapter, the evolution which led to these regulations. The Commercial Space Launch Act of 1984 and the subsequent regulations issued by the Office of Commercial Space Transportation, regarding the licensing process are dealt with in the second chapter. The third chapter examines the most important practical legal issue relating to private launch services, namely liability and insurance.

APA, Harvard, Vancouver, ISO, and other styles

14

Ghonaim, Mahmoud. "The legal aspects of aviation finance in developing countries /." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59937.

Full text

Abstract:

The assessment of benefits and costs in determining national and international aviation policy by the developing countries differs markedly from that used for advanced countries.
The treatment of the subject matter begins in Chapter I with an overview of the aviation industry and its financing Historical Review. Chapter II deals with the problem of recognition of title and security rights in aircraft under international law. Chapter III contains a detailed consideration of the types of commonly used security instruments in aircraft financing. Chapter IV sets out an overview of financing in developing countries, Chapter V contains a study of the various problems facing the asset financing of aircraft in the Third World and possible solutions.
In the last three chapters, emphasis will be placed on regional aviation issues.

APA, Harvard, Vancouver, ISO, and other styles

15

Collins, David A. "Absentee soldier voting in Civil War law and politics." Thesis, Wayne State University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3643244.

Full text

Abstract:

During the Civil War, twenty northern states changed their laws to permit absent soldiers to vote. Before enactment of these statutes, state laws had tethered balloting to the voter's community and required in-person participation by voters. Under the new laws, eligible voters – as long as they were soldiers – could cast ballots in distant military encampments, far from their neighbors and community leaders. This dissertation examines the legal conflicts that arose from this phenomenon and the political causes underlying it. Legally, the laws represented an abrupt change, contrary to earlier scholarship viewing them as culminating a gradual process of relaxing residency rules in the antebellum period. In fact, the laws left intact all prewar suffrage qualifications, including residency requirements. Their radicalism lay not in changing rules about who could vote, but in departing from the prewar legal blueprint of what elections were and how voters participated in them. The changes were constitutionally problematic, generating court challenges in some states and constitutional amendments in others. Ohio's experience offers a case study demonstrating the radicalism of the legal change and the constitutional tension it created. In political history, prior scholarship has largely overlooked the role the issue of soldier voting played in competition for civilian votes. The politics of 1863-1864 drew soldiers into partisan messaging, since servicemen spoke with authority on the themes the parties used to attack their opponents: the candidates' military incompetence, Lincoln's neglect of the troops, and McClellan's cowardice and disloyalty. Soldiers participated politically not only as voters, but also as spokesmen for these messages to civilian voters. In this setting, the soldier-voting issue became a battleground in partisan efforts to show kinship with soldiers. The issue's potency became evident nationally after the 1863 Pennsylvania gubernatorial race, presaging the 1864 presidential contest. The Republican incumbent ran as "the soldiers' friend" and attacked his Democratic rival as the enemy of soldiers for opposing that state's soldier-voting law. The issue was decisive in securing civilian votes for the victorious Republican. That experience launched a nationwide push by Republicans to enact soldier-voting laws in time for the 1864 elections.

APA, Harvard, Vancouver, ISO, and other styles

16

Ancel, Marie-Eve Zoe. "Les aspects juridiques du transport des œuvres d'art /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34007.

Full text

Abstract:

Not only usual goods are carried: some of a particular nature need particular regulations. The transportation of dangerous goods regulated by specific international rules is a good illustration while the example of artworks carried to be exposed in temporary exhibitions is less famous. Their material protection is insured by museum professionals and specialized carriers. Their legal protection is insured on two levels: on one side, detailed customs procedures are set up to regulate their movement; moreover, specific contractual rules have been created by professionals, but they do apply international conventions relative to international carriers liability. On the other side, one usually chooses specific insurance policy called "a nail to nail" contract. Confidentiality and mutual trust are the keystone to gain success in matter of transportation of artworks.

APA, Harvard, Vancouver, ISO, and other styles

17

Correia, e. Silva Benilde. "Some legal aspects of flight information regions." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59573.

Full text

Abstract:

This thesis broadly seeks to present some relevant legal aspects concerning Flight Information Regions (FIRs) and to analyze State responsibility vis-a-vis FIRs, as well as liability incurred by States on account of acts and omissions while discharging their responsibilities.
The first part of this thesis is a presentation of the international rules and regulations applicable to FIRs, their legal implications and the extent to which they create obligations for States.
Some relevant problems (accidents, airspace congestion, unlawful interference) likely to present an additional challenge for the discharge of responsibilities with regard to FIRs are also considered.
Settlement of differences between States deserves special attention and is discussed in the light of the judicial machinery provided under the Chicago Convention 1944.
Finally, the liability of States is analyzed and the need for a strict liability regime and a policy of risk management is considered.

APA, Harvard, Vancouver, ISO, and other styles

18

Deus, Delfim de 1942. "Civil aviation in SADCC countries : a new type of co-operation?" Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61244.

Full text

Abstract:

The 1st of April, 1980 is a landmark date for the peoples of Southern Africa, for the SOUTHERN AFRICAN DEVELOPMENT COORDINATION CONFERENCE--SADCC--came into being on that day in Lusaka. At first sight, SADCC would seem to be an organization like others scattered all over the African continent and aiming at common development. However, although it can be compared with others in terms of objectives and organisation, new elements have emerged since its inception: modest short-term objectives, and ambitious long-term ones; a light organizational structure, and a commitment of the Governments involved to achieve the goals.
One can ask what the trends in Civil Aviation are, given this background. This thesis presents a study not with the aim to fully respond to the question above, but to identify the path followed by Civil Aviation as a component of the integrated development sought by SADCC countries. For this purpose, special attention will be paid to the SOUTHERN AFRICA TRANSPORT AND COMMUNICATIONS COMMISSION--SATCC.

APA, Harvard, Vancouver, ISO, and other styles

19

Mallory, Chaone. "Toward an Ecofeminist Environmental Jurisprudence: Nature, Law, and Gender." Thesis, University of North Texas, 1999. https://digital.library.unt.edu/ark:/67531/metadc2219/.

Full text

Abstract:

This thesis develops a legal theory reflecting the insights of feminism and environmental philosophy. I argue that human beings are not ontologically separate, but embedded in webs of relationality with natural others. My primary purposes are to 1) delineate ways in which institutions of modernity (such as law and science) have precipitated ecosocial crisis through the attempt to dialectically enforce mastery and control over nature and women; and 2) explore alternate political forms and ontologies which challenge the classical liberalist view of the (human) individual as a radically isolated, discrete, autonomous being. My overarching theme is that law functions as a narrative that can both hinder and enhance the promotion of ecological ideas, and how ecofeminism can contribute to transformative projects of environmental philosophy and feminist law.

APA, Harvard, Vancouver, ISO, and other styles

20

Jeremic, Zorica. "Dispute resolution in international civil aviation." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27454.

Full text

Abstract:

The aviation industry, by its very existence, has a tremendous impact on the global economy. As an integration of economic interests and international prestige, aviation triggers a large number of disputes and disagreements. This dissertation examines the regulatory aspects of international air transport disputes.
Chapter one acknowledges the existence and nature of international aviation disputes in its scope and, more importantly, recognizes some of the many causes of conflicts arising from such disputes.
The second chapter reviews chronologically dispute resolution attempts and analyses their effectiveness. Further, it examines the international bodies, governing treaties, and the available machinery for the resolution of aviation disputes.
The third chapter distinguishes the most influential multilateral and bilateral treaties in the field of aeronautics and presents the solutions for settlement of disputes promoted by ICAO.
Chapter four includes the variety of procedures found in international agreements on aviation and the examination of political, legal and economic means as the mechanisms for the settlement of disputes.
Chapter five establishes the recent proposals for the improvement of the current procedures governing the settlement of aviation disputes. Hence, it includes an analysis of the legislative measures of the European Union, the regulations of the World Trade Organization and the norms of North American Free Trade Agreement; all in view of their competence in resolving air transport conflicts.
The conclusion is a summary of the structure and the function of the existing aeronautical dispute settlement system and its future developments.

APA, Harvard, Vancouver, ISO, and other styles

21

Swiecicki, Ewa. "Legal aspects of licensing of airline transport pilots : international standards versus Canadian aviation safety regulations." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61155.

Full text

Abstract:

The laws and regulations governing certification of aviation personnel constitute one of the essential elements of aviation legislation. They have a significant effect upon the global safety of the civil air transportation system.
This dissertation aims at describing the existing regulations in the field of pilot licensing. Its scope is narrowed down to the highest category of licence applicable to professional pilots and known as the airline transport pilot licence. The thesis depicts and analyses the process of creation and the contents of licensing standards and recommended practices as developed by various ICAO bodies and incorporated in Annex 1 to the Chicago Convention.
The survey of pilot licensing system currently in force in Canada provides the example of domestic legislation applicable in this respect. It is performed with the aim of exploring the compatibility of Canadian law with the global legal requirements as prescribed in Annex 1 and other supporting ICAO documentation.

APA, Harvard, Vancouver, ISO, and other styles

22

Xu, Xiaofei. "International protection of civil rights versus state sovereignty." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/6603.

Full text

APA, Harvard, Vancouver, ISO, and other styles

23

Lebesgue, Sonia. "Principes de protection du patrimoine architectural mondial = Legal and theoretical aspects of architectural conservation." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0017/MQ55103.pdf.

Full text

APA, Harvard, Vancouver, ISO, and other styles

24

Von, Erlach Burkhart. "Public law aspects of lease, charter and interchange of aircraft in international operations." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59586.

Full text

Abstract:

Lease, charter and interchange have become more and more important throughout the last decades. The International Civil Aviation Organization could not ignore that reality. In 1980 after a long preparatory work Article 83bis, an amendment to the Chicago Convention on International Civil Aviation was adopted by the 23rd Assembly without any negative votes. Yet, in 1990, this amendment, which enables the State of Registry, which is responsible for the operation of the aircraft even if flying with an operator of another state, to transfer its functions and duties to the State of the Operator.
This thesis takes a closer look on the history of that amendment. The reasons why Article 83bis is still not in force shall also be discussed. An attempt shall further be made to analyze the provisions of Article 83bis more thoroughly and to explain why states should no longer hesitate to ratify that amendment. Article 83bis has no controversial content and is very important for the safety of international air transportation, in establishing clearly who is responsible for a leased, chartered or interchanged aircraft.

APA, Harvard, Vancouver, ISO, and other styles

25

Huskisson, Darren Charles. "The air bridge denial program and the shootdown of civil aircraft under international law /." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81471.

Full text

Abstract:

In August 2003, the United States resumed the sharing of real-time intelligence with Colombia, information that will be used by Colombia to shoot down aircraft engaged in drug trafficking. A similar program with Peru may restart soon. Such operations are part of the Air Bridge Denial Program (ABDP), a program that has been operating since the early 1990s designed to cut off the flow of drug out of the Andean Region of South America.
This thesis examines the history of the ABDP and the norms applicable to shootdown operations under the UN Charter, customary international law, the Chicago Convention, and human rights law to determine the specific limitations of the prohibition. International law generally prohibits the shootdown of international civil aircraft, and the nature of the shootdown operations can also have human rights implications.
This thesis then examines the circumstances under which international law would excuse an otherwise unlawful shootdown of a civil aircraft. Self-defense, the law of armed conflict and distress are ruled out as likely candidates for use in the legal justification of the shootdown of drug aircraft.
The best defense for the conduct of ABDP shootdowns is the defense of necessity as it exists under customary international law. The potential harm to the essential interests of States threatened by drug trafficking combined with the unique nature of the drug trade in the Andean Region is the ideal situation for the invocation of necessity and provides the most sound international legal justification for the conduct of shootdown operations in this context.

APA, Harvard, Vancouver, ISO, and other styles

26

Schäfer, Bernhard. "Manfred Nowak: U. N. Covenant on Civil and Political Rights: CCPR Commentary / [rezensiert von] Bernhard Schäfer." Universität Potsdam, 2005. http://opus.kobv.de/ubp/volltexte/2011/5625/.

Full text

APA, Harvard, Vancouver, ISO, and other styles

27

Thuilleaux, Sabine 1961. "Aspects compares des regimes juridiques de l'arbitrage au Quebec et en France : droit interne - droit international prive." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59843.

Full text

Abstract:

In 1986, Quebec adopted the Act to amend the Civil Code and the Code of Civil Procedure in respect of Arbitration and thereby established a new and modern regime for contractual arbitration. The new regime includes provisions to facilitate execution in Quebec of arbitral awards rendered outside the province.
This thesis deals with certain aspects of the new regime, comparing it with the well-established French law of arbitration, which has abundant caselaw covering both domestic and international arbitration. Emphasis is placed on the manner in which Quebec courts have applied the new arbitration law in comparison with French judicial practice.
The first part of the thesis deals with domestic arbitration, focussing on contractual and jurisdictional issues. This is done through an examination of the arbitration agreement, the arbitration procedure, the award, as well as the execution of the award and remedies to set it aside.
International arbitration is treated in the second part. The definition of international arbitration, the validity and autonomy of the arbitration agreement, the choice of law relating to the procedure and the dispute itself are reviewed, as is the execution of foreign awards--that is, those rendered outside Quebec or rendered in Quebec but in the context of an international dispute.

APA, Harvard, Vancouver, ISO, and other styles

28

Augustin, John V. "ICAO and the use of force against civil aerial intruders." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21674.

Full text

Abstract:

There have been many cases of intrusion of civil aircraft into the airspace of foreign States. On occasion, the subjacent State has reacted by using force against such aircraft, sometimes with fatal consequences. Customary international law admits the use of force only in exceptional circumstances. As the United Nations specialized agency responsible for international civil aviation, ICAO has conducted fact-finding investigations into a number of cases of aerial shootdowns and adopted resolutions and taken decisions in this connection. Such resolutions and decisions have clearly been influenced by political factors.
The Organization has also taken specific legal and technical steps aimed at reducing the dangers to civil aircraft and their occupants arising out of an intrusion. In the legal field, its principal achievement has been the adoption in 1984 of an amendment (Article 3 bis) to the Chicago Convention which is, however, not free of ambiguities and obscurities in meaning and which, despite numerous assertions to the contrary, does not reflect the exact scope of customary international law in this area. On the technical side, the Organization has successfully developed a number of detailed provisions in Annexes to the Convention which are universally respected and accepted by its Member States.

APA, Harvard, Vancouver, ISO, and other styles

29

Jabbari, Gharabagh Mansour. "Use of weapons against civil aircraft : case study of IR655 in the light of international law." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69534.

Full text

Abstract:

Iran Air Flight 655 was terminated by two missile attack on July 3, 1988. The aim of this study is to analyze the aeronautical incident of July 3, 1988 (IR655) from the point of view of general international law and air law. Specific attention is given to the consideration of the case by the Council of ICAO, the legal coordination of civil/military flight operation and the legal status of NOTAM.
The study also comments on the concept of self-defense in international law and responsibility of state.
The conclusion outlines the scope of the decision of the Council and compares it with the Council's previous decisions.

APA, Harvard, Vancouver, ISO, and other styles

30

Keith, Linda Camp. "The Law and Human Rights: Is the Law a Mere Parchment Barrier to Human Rights Abuse?" Thesis, University of North Texas, 1999. https://digital.library.unt.edu/ark:/67531/metadc2247/.

Full text

Abstract:

This study is the first systematic global analysis of the impact of law on human rights, analyzing the impact of twenty-three constitution provisions and an international covenant on three measures of human rights behavior, over the period of 1976-1996. Three sets of constitutional provisions are analyzed, including 1) ten provisions for individual freedoms and due process rights, 2) nine provisions for elements of judicial independence and 3) four provisions that outline procedures for states of emergency. Additionally, the impact of the International Covenant on Civil and Political Rights on actual human rights behavior is analyzed. Each of these areas of law are evaluated individually, in multiple models in which different elements vary. For example, some models control for democracy with different measures, others divide the data into the Cold War and post-Cold War eras, and some test constitutional indices. Finally, all provisions are simultaneously analyzed in integrated models. Provisions for fair and public trials are consistently shown to decrease the probability of abuse. An index of four freedoms (speech, religion, association, and assembly) decreases the probability of abuse somewhat consistently. Three of the provisions for judicial independence are most consistent in reducing the probability of abuse: the provisions for exclusive judicial authority, for the finality of judges' decisions, and banning exceptional courts. Two of four states of emergency provisions decrease abuse as international lawyers have argued: the provisions for legislative declaration of the emergency and the ban against dissolving the legislature during an emergency. However, two of the provisions are shown to hurt human rights practices: the duration and the derogation provisions. The International Covenant on Civil and Political Rights does not demonstrate a statistically significant impact. While the performance of the constitutional provisions is less than legal scholars would hope, their combined impact over time are shown to be quite large, relative to the impacts of other factors shown to affect human rights abuse.

APA, Harvard, Vancouver, ISO, and other styles

31

Albán, Pedro. "The prevention and suppression of drug abuse and illicit traffic in international civil aviation /." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69748.

Full text

Abstract:

Drug control has important connotations in the field of civil aviation. In the first place, substance consumption by aviation personnel may have disastrous effects given the level of alertness required in the performance of their duties. Furthermore, a significant portion of the illicit traffic in drugs is performed by air. Hence, the International Civil Aviation Organization has been called upon to participate actively in the international campaign against traffic in drugs. This paper explores ICAO's response to the international call for action.
The first chapter presents ICAO within the context of the international system of drug control and provides background information on the drug control activity performed by the international community during the present century.
The second chapter reviews in detail ICAO's role and activity, which have touched three main subject areas: air transport aspects, technical aspects and legal aspects of the prevention and suppression of drug abuse and illicit traffic in international civil aviation.
The conclusions contain the author's personal assessment of the issues reviewed and make reference to the future challenges of the international community in the subject.

APA, Harvard, Vancouver, ISO, and other styles

32

Christou, J. "The influence of aspects of the common law on the political thought of Richard Hooker." Thesis, University of Hertfordshire, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.234359.

Full text

APA, Harvard, Vancouver, ISO, and other styles

33

Sawyer, Jack W. "Moses and the magistrate aspects of Calvin's political theory in contemporary focus /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

Full text

APA, Harvard, Vancouver, ISO, and other styles

34

Neuberg, Rachel. "How are Unpopular Policies Made Popular? Obfuscatory Rhetoric in Civil Asset Forfeiture Policy Positions." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/scripps_theses/1099.

Full text

Abstract:

Though Nixon did not coin the phrase “war on drugs” until the early 1970s, strong anti drug positions were already popular with elected officials and law enforcement. The 1973 creation of the Drug Enforcement Agency was impetus for a significant increase in drug-related incarceration, though a more significant increase of drug-related incarceration occurred in the 1980s alongside the birth of private, for-profit prisons. The end of the 20th century saw the conception of a national sentiment that drugs were the biggest security concern to the American people. The budget allocated to fight the war on drugs increased to the billions, much of which was distributed to police departments to aid them in catching drug users and/or dealers. The United States’ government’s proclamation of a war on drugs and their subsequent policy reforms occurred simultaneously to a significant increase in civil asset forfeiture--likely attributed to the heightened anti-drug sentiment

APA, Harvard, Vancouver, ISO, and other styles

35

Stephens, Otis H. Jr, John M. II Scheb, and Colin Glennon. "American Constitutional Law, Volume I and II: Civil Rights and Liberties." Digital Commons @ East Tennessee State University, 2015. http://amzn.com/1285736923.

Full text

Abstract:

AMERICAN CONSTITUTIONAL LAW, Volumes I and II, combines cases, decisions, and authorial commentary to maximize your learning and understanding in this course. These comprehensive volumes cover the entire range of topics in constitutional law. Volume I examines the institutional aspects of constitutional law; Volume II deals with civil rights and liberties. Each of the chapters includes an introductory essay providing the legal, historical, political, and cultural context of Supreme Court jurisprudence in a particular area of constitutional interpretation. Each chapter also contains several boxed features (labeled "Case in Point" and "Sidebar") to provide additional perspective and context for the set of edited decisions from the United States Supreme Court cases that follow. In selecting, editing, and updating the materials, the authors emphasize recent trends in major areas of constitutional interpretation, as well as many landmark decisions, some of which retain importance as precedents while others illustrate the transient nature of constitutional interpretation. Because the book provides a good balance of decisions and authorial commentary, this text appeals to instructors of law as well as instructors of political science.
https://dc.etsu.edu/etsu_books/1021/thumbnail.jpg

APA, Harvard, Vancouver, ISO, and other styles

36

Ghonaim, Mahmoud A. "The legal and institutional aspects of communication, navigation, surveillance and air traffic management systems for civil aviation." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=28650.

Full text

Abstract:

Looking at the current air traffic system developments and the use of satellite for communication, navigation, surveillance and air traffic management, an emerging trend of institutions and law can be observed. This thesis assesses the institutional and legal contributions of the satellite services to civil aviation.
This thesis is divided into three parts. Part I sets the scene by giving the reader a brief look at the technical side of the current air navigation system. Chapter I explores the current system's deficiencies and Chapter II explains the framework of selected existing aeronautical and general operating satellite systems and institutions.
Part II deals with the prospective long-range needs of air navigation. Chapter III focuses on the characteristics and capabilities of the new systems and Chapter IV sets out the available financial options.
Part III deals with the vital legal and institutional aspects involved in using satellite systems for civil aviation purposes. Chapter V reviews the legal problems of safety and non-safety aeronautical air-ground communications, Chapter VI identifies the current applicable air, space and telecommunication law, and their impact on the new systems, Chapter VII deals with the institutional aspects of the new systems and Chapter VIII sets out this writer's recommendations. Lastly, final remarks are presented.

APA, Harvard, Vancouver, ISO, and other styles

37

Poget, Gaël. "Legal aspects of facilitation in civil aviation : health issues." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81228.

Full text

Abstract:

As you probably know, to board the B777-300ERi in Geneva for Anchorage via London, is not just that simple. With your ticket you bought several days before, you come to the airport, check in, pay airport's fees, go through the customs and security checks, walk in the terminal following signs, maybe you stop in the duty free shops, and finally find your gate. By this time, you are ready to board, about one hour after you enter the airport.
We will be essentially interested in air law that is why, the purpose of this master's thesis is to consider the legal aspect of facilitation in civil aviation. The term facilitation refers to the process that passengers, crew, luggage, cargo and mail have to go through when they cross borders to fly from a point A to a point B.
Recently, an aspect of facilitation took an outstanding importance: health issues. At the end of last year, the Severe Acute Respiratory Syndrome (SARS) outbreak was a real threat to international civil aviation because passengers (and crews) could have been exposed to an infected person inside the terminal or on board the plane, also, aircrafts were considered a fast vector of this disease through the world. The economic consequences for airlines and airports were very painful.
iBoeing 777-300 Extended Range.

APA, Harvard, Vancouver, ISO, and other styles

38

Ko, Jessika Li-Juan. "Liability aspects of air transport between Taiwan, Hong Kong and Mainland China." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23959.

Full text

Abstract:

Despite the hitherto unsettled political and legal status of Taiwan, air transportation between Taiwan and Mainland China has experienced tremendous growth since 1987. To date, this air transport has been effected through the use of an intermediate stop station in Hong Kong, in order that both States may avoid the recognition of the other as the legitimate "Chinese Government". However, Hong Kong will revert to the PRC in 1997. As a result, the issue of nonstop flights between Taiwan and the Mainland takes on an added urgency.
This issue is not merely political. In terms of air carrier liability, Taiwan is party to the Warsaw Convention and the Warsaw Convention as Amended by the Hague Protocol, only through its tenuous link with Mainland China. Is the Convention applicable to Taiwan in this case? A number of arguments favoring applicability of the Convention are discussed and found to be wanting. In the alternative, the principle of conflict of laws is proposed as an applicable solution. Since Taiwan and the PRC have a civil law system while Hong Kong has a common law system, the respective legal regulations governing damage compensation in aviation cases differ. The case of liability following a hijacking is used to demonstrate how regulations of the three jurisdictions differ significantly. This leads to a serious problem, namely, "forum shopping". The fact that judicial assistance is not yet practiced between the three jurisdictions creates a further problem in that decisions coming from the different courts cannot be recognized and enforced in the other jurisdictions. In light of all of the foregoing, the existing legal systems cannot adequately address the legal problems of air carrier liability in this region.
As a result of these inadequacies, an alternative mechanism for resolving the issue of air carriers' liability is suggested. This suggested pragmatic approach may also be found applicable for updating existing air transport legal systems elsewhere in the world.

APA, Harvard, Vancouver, ISO, and other styles

39

Saillard, Sébastien. "Les institutions et aspects juridiques relatifs au contrôle aérien en Europe : Eurocontrol." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60706.

Full text

Abstract:

The European Organization for the Safety of Air Navigation (Eurocontrol) was created in 1960 for the centralization and harmonization of air traffic control, to meet the new requirements of increasing air traffic. The primary functions of Eurocontrol were modified because of the reluctance of several European member States to transfer their control on ATC. But air traffic was still increasing and is deemed to increase until the next century. The problem remains unsolved. Today, a new political trend in favor of Eurocontrol is emerging. This trend is shared by most of the European States as well as other organizations as the European Community and the European Civil Aviation Conference.
The main legal aspects of Eurocontrol are analysed in this thesis, as well as its cooperation with other organizations involved. Eventually, the future of Eurocontrol is analyzed with respect to future air navigation systems (FANS) based on satellite technology.

APA, Harvard, Vancouver, ISO, and other styles

40

Hinterseer, Kristopher John Paul. "Financial secrecy and the law : an enquiry into the legal aspects of money laundering in a political-economic context." Thesis, University of London, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.274862.

Full text

APA, Harvard, Vancouver, ISO, and other styles

41

Mainville, Sébastien. "A bridge too far: civil-military relations and self- defeating escalation during war." Thesis, McGill University, 2009. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66979.

Full text

Abstract:

The thesis explores an important cause of self-defeating escalation during war, military control of the national security decision process. The thesis employs a neoclassical realist framework and specifies the implications of militarized decision-making on the state's ability to assess and adapt to its strategic environment during war. The central argument is that military control of the national security decision-making process leads to the adoption of the military's preferences and the streamlining of the decision process, following the military organizational style. A plausibility probe is conducted against fifteen decision points within the broader setting of Germany's submarine warfare policy during World War I. The findings demonstrate that the establishment of a military dictatorship in Germany in October 1916 led to the adoption of unrestricted submarine warfare on January 9, 1917, and the intervention of the United States into the war less than three months later.
La thèse explore une cause importante du phénomène d'escalade autodestructrice intra-guerre, c'est-à-dire le contrôle du processus décisionnel de sécurité nationale par le militaire. La thèse utilise une approche réaliste néoclassique et spécifie les implications des processus décisionnels militarisés sur l'habileté de l'état d'évaluer et de s'adapter à son environnement stratégique durant une guerre. L'argument central est que le contrôle du processus décisionnel par le militaire entraîne l'adoption des préférences des militaires et la réorganisation du proce ssus décisionnel suivant le mode d'organisation militaire. Une étude de plausibilité est menée sur quinze points de décision au sein du cadre de la politique allemande de guerre sous-marine durant la Première Guerre mondiale. Les résultats empiriques démontrent que l'établissement d'une dictature militaire en Allemagne en Octobre 1916 fut instrumental dans l'adoption de la guerre sous-marine à outrance le 9 janvier, 1917, ainsi que dans l'intervention des États-Unis moins de trois mois plus tard.

APA, Harvard, Vancouver, ISO, and other styles

42

Penninga, Mark, and University of Lethbridge Faculty of Arts and Science. "A Judeo-Christian account of human dignity in Canadian law and public policy." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Arts and Science, 2008, 2008. http://hdl.handle.net/10133/671.

Full text

Abstract:

Understanding human dignity is integral to protecting human rights. An examination of Canada‘s Supreme Court decisions and Canadian public policy debates reveals that human dignity is being defined synonymously with individual autonomy and equality. This narrow understanding has serious implications for people who are not able to assert their autonomy. To understand the philosophical ideas behind these decisions, this thesis examines classical, modern, and postmodern accounts of human dignity and concludes that they fall short in providing an objective grounding for dignity that is truly human. It then looks to the Judeo- Christian account of human dignity to provide a transcendent foundation for human dignity. With this account, persons are rational and physical, relational, inviolable, and teleological – a hopeful contrast to the prevailing contemporary accounts. This thesis then defends the place of this religious perspective in our secular country.
vi, 182 leaves : ill. ; 29 cm.

APA, Harvard, Vancouver, ISO, and other styles

43

Girvan, P. F. "The one and the many : aspects of rationality and relativism in moral, political and economic contexts." Thesis, Queen's University Belfast, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390888.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Fobe, Jean-Michel. "Legal aspects and insurance of the liability of civil aerospace products manufacturers in the EEC, for damage to third parties." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26198.

Full text

Abstract:

Civil aerospace products manufacturers in the EEC may, as in the USA, be called into litigation as co-defendant following an aircraft accident by the victims or their dependents. As opposed to the airlines, their liability is not limited by international conventions.
This thesis examines their liability and insurance in case of damage to third parties after the entry into force of EEC Directive 85/374 on liability for defective products.
First, a brief description will be given of the evolution of the aerospace industry in Europe and its governmental regulation through certification. In the second part we will examine the evolution of product liability in Europe. The main focus will be on the Directive. After a discussion of aspects of conflict of laws and enforcement of judgments, the particulars of aviation products liability in Europe will be looked at. Finally, we will consider aviation product liability insurance.

APA, Harvard, Vancouver, ISO, and other styles

45

Kaiser, Stefan. "Legal implications of satellite based communication navigation and surveillance systems for civil aviation." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22385.

Full text

Abstract:

This thesis deals with the legal problems arising from the introduction of satellite based communication, navigation and surveillance systems for civil aviation. The technical innovations are asking for an international institutional implementation, which has not yet started.
After a brief look at the technical aspects of the new systems (Chapter II), existing institutional arrangements of international satellite systems, air-navigation infrastructure and air traffic control are outlined (Chapter III). A legal analysis presents the obstacles and alternatives future institutional arrangements will be confronted with, and leads to a definition of the institutional problem (Chapter IV).
The core of the thesis is a proposal for regional intergovernmental organizations, which coordinate the operation of aeronautical satellite communications and air traffic control as an intermediary between the States and service providers (Chapter V). Among other problems financing, user charges, and liability are discussed. Legal problems of navigation systems are discussed on the base of the emerging global systems (Chapter VI).

APA, Harvard, Vancouver, ISO, and other styles

46

Fossungu, Peter Ateh-Afac. "A critique of the powers and duties of the assembly of the International Civil Aviation Organization (ICAO) /." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27449.

Full text

Abstract:

It is indeed strange that the Assembly of the International Civil Aviation Organization (ICAO), composed of all the present 183 member States, should have no powers in connection with the principal functions of the Organization (that is, the formulation of Standards and Recommended Practices); nor any over the appointment and creation of the Organization's principal officers and sub-organs.
Stranger still is the fact that even the little and insignificant powers that this Assembly might possess can be easily and constitutionally/conventionally "usurped", or interfered with, by the limited 33-member Council of the Organization.
Much more puzzling is the fact that this limited membership Council, which is normally supposed to be answerable to the Assembly, runs the Organization's entire business exclusively as it sees fit: Without the remaining 150 States having any means whatsoever of checking it.
The result of this strange arrangement has been that the majority of States simply cannot contribute to the advancement of the international aviation cause as they might have: had the universal organ had the voice and say that it now lacks.
The entire constitutional and political set-up of ICAO can hardly be justified in both the Schools of Democracy and of its corollary, the Supremacy of the Assemblies of international organizations.
A serious and meaningful re-evaluation of the ICAO framework and working methods to remedy the anomaly is therefore called for in the present study.

APA, Harvard, Vancouver, ISO, and other styles

47

McGoldrick, Dominic. "The practice and procedure of the Human Rights Committee under the International Covenant on Civil and Political Rights." Thesis, University of Nottingham, 1988. http://eprints.nottingham.ac.uk/11742/.

Full text

Abstract:

This thesis examines the practices and procedures of the Human Rights Committee, the body established under the International Covenant On Civil And Political Rights (ICCPR) (1966). Chapter 1 examines the origins of the ICCPR, the principal drafting issues that arose, and the significance of the ICCPR in international law. Chapter 2 examines the organisation and the institutional characteristics of the Human Rights. Committee. Chapter 3 examines and evaluates the practices and procedures of the Human Rights Committee under the reporting procedure in article 40 ICCPR. Chapter 4 examines and evaluates the practices and procedures of the Human Rights Committee under the provisions for individual communications in the Optional Protocol to the ICCPR. Chapters 5-12 examine the jurisprudence of the Human Rights Committee under the reporting procedure (article 40) and the Optional Protocol in respect of selected articles of the ICCPR. Chapter 5 considers article 1 (self-determination). Chapter. 6 considers article 2 (general obligations to respect and ensure the rights in the ICCPR, to give effect to it, and to provide a remedy in the event of violation). Chapter 7 considers article 4 (derogation provision). Chapter 8 considers article 6 (right to life). Chapter 9 considers article 7, (torture and other prohibited treatment and punishment), and, in part, article 10 (treatment of persons deprived of their liberty). Chapter 10 considers article 14 (fair trial). Chapter 11 considers article 19 (freedom of opinion and expression). Chapter 12 considers article 20 (war propaganda and advocacy of national, racial or religious hatred). Chapter 13 provides a general appraisal of the the work of the Human Rights Committee.

APA, Harvard, Vancouver, ISO, and other styles

48

Yates, Tyler. "Institutionalizing Atrocity: An Analysis of Civil War Legacy, Post-Conflict Governance, and State Behavior." Thesis, University of North Texas, 2020. https://digital.library.unt.edu/ark:/67531/metadc1703315/.

Full text

Abstract:

This dissertation examines the behavior of post-civil war governments and explores how the aftermath of civil war not only influences state behavior but how the previous conflict becomes institutionalized through a state's governance decisions. While post-civil war states will each have different governance needs as they endure the post-conflict environment, this dissertation contends that the governance decisions a state chooses are key to understanding, and potentially predicting, future government behavior. Further, it is important to recognize the role that the previous civil war plays towards shaping a state's governance decisions and the opportunities available.

APA, Harvard, Vancouver, ISO, and other styles

49

Lee, Sun Woo. "A civil-law prosecution system, presidentialism and the politicisation of criminal justice in new democracies : South Korea and Russia in comparative perspective." Thesis, University of Glasgow, 2014. http://theses.gla.ac.uk/5653/.

Full text

Abstract:

This study aims to comparatively explore how the politicisation of criminal justice would appear in several new democracies with the institutional combination of presidentialism and a civil-law prosecution system, by focusing on the strategic interaction between an incumbent president and prosecutors, in South Korea and Russia, in the new institutionalist perspective. Civil-law prosecutors could damage particular politicians’ moral foundations with specific timing and extent, manipulating criminal proceedings through their broad power within the centralised criminal procedure. This is why they must be cautiously checked by any other body of government, contrary to their common-law counterparts who exercise a limited power due to the decentralised criminal procedure. Fortunately, in most civil-law countries, prosecutors are accountable to democratic bodies, in spite of the global tendency of judicial independence. Also in practice, civil-law prosecutors have not often been involved in the politicisation of criminal justice, despite their extensive influence over criminal procedure, in the continental European countries wherein the tradition of parliamentary supremacy is strong. By contrast, in new democracies with the institutional combination between a civil-law prosecution system and presidentialism, prosecutors have often taken partisan behaviour in favour of or against an incumbent president. For instance, two South Korean Presidents, Young-sam Kim and Dae-jung Kim, and Russian President Boris Yel’tsin, had exploited civil-law prosecutors for the politicisation of criminal justice, but were faced with their defection immediately before their retirement. Unusually, only Vladimir Putin could avoid this unfortunate fate, even at the last phase of his tenure, among the South Korean and Russian Presidents after democratisation. According to this study, high-ranking prosecutors generally pursued their own career advancement, and consequently the prosecution service was loyal to an incumbent president during most of his tenure, but betray him in his last phase, during South Korean President Young-sam Kim’s and Dae-jung Kim’s periods, and in Russian President Yel’tsin’s period. Only in the Russian President Putin period in the two countries after democratisation, prosecutors unusually continued to serve the president even when he left the presidency. This could be because they had no incentive to betray the outgoing president in order to further their career development under the next presidency, given that Putin would undoubtedly maintain a strong political influence over their careers, even after his retirement, according to this research. On the other hand, South Korean President Moo-hyun Roh frequently came into conflict with prosecutors, and had his close allies investigated or even indicted by them, during his entire period, while repeatedly attempting major reform against the civil-law prosecution service, which President Young-sam Kim and Dae-jung Kim had abandoned, in order to maintain the alliance with the power apparatus. According to this study, prosecutors made their organisational resistance based on their far-reaching power over criminal procedure, against President Moo-hyun Roh, for protecting their great prerogative, and therefore he failed in the reform. By contrast, Russian President Putin was exceptionally successful in large-scale reform against civil-law prosecutors, which not only President Yel’tsin but Putin himself in his first term had also suspended, by establishing the new ‘investigative committee’ in June 2007. According to this research, this outcome was possible because the prosecutors could no longer enjoy the political opportunity structure enabling them to effectively defeat the president’s reform against their collective interests, and consequently President Putin could circumvent their organisational resistance, in the absence of political competition under his electoral authoritarian regime. This study provides three important academic implications. Firstly, under the institutional combination of presidentialism and a civil-law prosecution system, prosecutors are not likely to preserve political neutrality, but to display a partisan behaviour either in favour of or against an incumbent government. That is, the institutional factor of combination of a civil-law prosecution system and presidentialism tends to induce the prosecution service, as a judicial body, to behave differently from the expectations of both the democrats and the liberals. Secondly, the variation of political competition can seldom influence judicial officers, who are responsible to the other branches of government, to behave independently of politicians, but can influence them, especially the top rankers, to betray an incumbent government in the last phase of its tenure on specific institutional and political conditions. Thirdly, and most importantly, the variation of political competition can influence judicial officers to take collective action for protecting their collective interests. In particular, if the judicial officers could exercise far-reaching power over criminal procedure, as civil-law prosecutors, their organisational resistance against an incumbent government which pushes for reform encroaching on their collective interests, such as prerogative powers, would be threatening enough to make the incumbent abandon the reform plan.

APA, Harvard, Vancouver, ISO, and other styles

50

Marques, Ivan Contente. "Intervenções humanitarias : aspectos politicos, morais e juridicos de um conceito em (trans)formação." [s.n.], 2007. http://repositorio.unicamp.br/jspui/handle/REPOSIP/281494.

Full text

Abstract:

Orientador: Andrei Koerner
Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciencias Humanas
Made available in DSpace on 2018-08-11T01:52:09Z (GMT). No. of bitstreams: 1 Marques_IvanContente_M.pdf: 767815 bytes, checksum: 6ec7092e0e762c66283af8c6bcc55128 (MD5) Previous issue date: 2008
Resumo: Este trabalho se propõe a estudar os debates acerca das intervenções humanitárias e sua relação com os conceitos de legalidade e legitimidade nas relações internacionais. Para isso, partiremos do início desta discussão que ocorreu antes da formação e da consolidação dos Estados nacionais e o fortalecimento do princípio da soberania, e passaremos pelos impactos causados pela nova ordem jurídica internacional criada pela Organização das Nações Unidas. Isso trará subsídios para a análise da situação do combate às crises humanitárias nos anos 1990 sob a ótica da intervenção. Como exemplo da atuação do Conselho de Segurança das Nações Unidas, investigaremos dois casos emblemáticos de intervenções humanitárias deste período: o genocídio de Ruanda, em 1994, e os ataques da OTAN no Kosovo, em 1999. Dessa forma, levantaremos o entendimento atual sobre o tema, demonstrando o dilema entre o dever moral de salvar vidas em risco e o impedimento legal de fazê-lo dado o sistema jurídico internacional vigente. Por fim, apresentaremos a teoria ¿Responsabilidade de Proteger¿ que tem a pretensão de dar respostas ao problema da aceitação das intervenções humanitárias como prática legítima nas relações internacionais
Abstract: This work proposes to study the debates on humanitarian intervention and its relation with concepts of validity and legitimacy on international relations. For that, it will start from the beginning of this discussion which occurred before the constitution and consolidation of national states and the strengthen of the sovereignty principle, and goes through the impacts caused by the new international legal order created by the United Nations. This will support the analysis of the humanitarian crisis in the 90's under the optic of intervention. As an example of the United Nations Security Council performance, it will investigate two emblematic cases of humanitarian intervention of the period: Rwanda's genocide, in 1994, and NATO¿s air strikes on Kosovo, in 1999. From this perspective, it will rise the present understanding on this issue, bringing up the dilemma between the moral duty of saving lives jeopardized by the scourge of war and the legal bar of doing it considering the international legal system in vigor. At last, it will present the ¿responsibility to protect¿ theory which intends to provide solutions to the problem of acceptance of humanitarian intervention as a legitimate practice on international relations
Mestrado
Instituições, Processos e Atores

APA, Harvard, Vancouver, ISO, and other styles

Dissertations / Theses on the topic 'Political aspects of Civil law'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles