Dissertations / Theses on the topic 'State-nations / political'

This research investigates the shifting political settlements between the Ugandan state and the Bunyoro and Buganda kingdoms after the discovery of oil between 2007 and 2018. It seeks to answer the following questions using a historically, theoretically, and empirically grounded investigation: What accounts for the Bunyoro kingdom’s failure to benefit substantially from the discovery of oil on its territory? What lessons can be learnt from the Buganda kingdom’s relative success in negotiating with the central government and developing its own political and economic capacity independently of the state? The Bunyoro kingdom, located in the oil-rich Albertine Graben region of western Uganda, has failed to access significant economic benefits from the country’s emerging oil sector despite its historical ownership of the land on which the resource is found. This dissertation combines political settlements theory and the concept of extraversion to explain this empirical puzzle. It finds that the ruling National Resistance Movement (NRM)’s imposition of an exclusive political settlement in Uganda, coupled with the Bunyoro kingdom’s limited holding power, accounts for the kingdom’s failure to derive financial benefits from the oil sector. The relative marginalisation of the Bunyoro from Uganda’s oil sector results from the NRM’s historical strategy of limiting the power of sub-state groups who are subsequently excluded from the governing coalition. The main beneficiaries of the oil industry in Uganda are political elites within the ruling NRM coalition and their close associates. The Buganda kingdom serves as a control case study and reveals the potential strategies and structural changes the Bunyoro kingdom could pursue to potentially bypass Uganda’s exclusive settlement and therefore benefit from the country’s nascent oil sector. This dissertation also engages with broader debates on the struggles between the state and traditional kingdoms since independence in sub-Saharan Africa and how this intersects with the politics of natural resource governance. Since the inception of the modern state in the colonial era, kingdoms have engaged in a complex and dialogic relationship of indifference, cooperation, and contention with successive governing regimes. Some of the kingdoms challenged and resisted, albeit unsuccessfully the colonial imposition of a central state primarily because it led to their loss of political and economic power. Ultimately, the state and the kingdoms represent dual forms of nationality forced to co-exist in the post-colonial era, and this produces a complex mix of cooperation, contestation and strategic coexistence. The management and exploitation of natural resources, including oil, is embedded in this political context, and is often associated with adverse outcomes, such as rent-seeking, authoritarian governance, and sectarian violence. Some of these dynamics have accompanied the emergence of Uganda’s new oil industry, with political contestation occurring between the state and the Bunyoro kingdom which has unsuccessfully attempted to capture a share of oil revenue.

This thesis examines how the three Baltic countries constructed their internal and external sovereign statehood in the interwar period and the post Cold War era. Twice in one century, Estonia, Latvia and Lithuania were confronted with strongly divided multiethnic societies, requiring a bold and wide-ranging ethnics policy. In 1918 all three Baltic countries promised their minorities cultural autonomy. Whereas Estonian and Latvian politicians were deeply influenced by the theories of Karl Renner and Otto Bauer, the Lithuanians fell back on the historic Jewish self-government in the Polish-Lithuanian Commonwealth. Many politicians were convinced that the principle of equality of nationalities was one of the cornerstones of the new international order, embodied by the League of Nations. The minority protection system of the League was, however, not established to serve humanitarian aims. It only sought to ensure international peace. This lack of a general minority protection system was one of many discussion points in the negotiations of the Estonian and Latvian minority declarations. Although Lithuania signed a much more detailed minority declaration, its internal political situation rapidly deteriorated. Estonia, on the other hand, established full cultural autonomy with corporations of public law. Although a wide-ranging school autonomy was already established in 1919, Latvia never established cultural self-government. The Second World War and the subsequent Soviet occupation led to the replacement of the small historically rooted minority groups by large groups of Russian-speaking settlers. The restoration in 1991 of the pre 1940 political community meant that these groups were deprived of political rights. In trying to cope with this situation, Estonia and Latvia focused much more on linguistic integration than on collective rights. Early attempts to pursue a decolonisation policy, as proposed by some leading Estonian and Latvian policymakers, were blocked by the ‘official Europe’ which followed a policy analogous to the League of Nations.

This paper attempts to determine the theoretical requirements for a non-state actor to give peacekeepers to a Member state of the United Nations, who would in turn give those peacekeepers to the United Nations. The paper examines two case studies, specifically the contract between Blackwater and the United States Department of State and the SHIRBRIG series of treaties. The paper finds that there is some overlap between a Member state’s needs and a non-state actor’s needs and that there is a theoretical possibility of the donation stated above taking place.

Thesis (MA)--Stellenbosch University, 2001<br>ENGLISH ABSTRACT: As the regional arm of the United Nations in Africa, the United Nations Economic Commission for Africa (ECA) is faced with the challenge of conforming to the broader agenda of its mother body while it simultaneously strives to be seen to devise solutions that are unique to Africa's development needs. This means that the ECA needs to find a way of striking a balance between the demands of international development trends and the viability of such trends for Africa. The United Nations, similarly to other influential multilateral institutions like the World Bank, has moved into the 21st century with the 'partnerships approach' to development. The central idea behind these partnerships is that of promoting active participation between the state, the private sector and civil society in contributing towards development. What this means, therefore, is that development is no longer viewed as the sole responsibility of the state, but rather calls for a closer working relationship between these three sectors. Given the fact that these sectors are at different levels of development in many African countries, with some countries not even having an active civil society, private sector or even a strong state, the ECA has to make sense of what exactly partnerships mean for Africa. This study is based on an understanding that if the ECA wishes to have an impact on the African continent, it will have to engage its Member States in order to develop a common idea and approach to the conceptualisation and implementation of partnerships in Africa. In light of this background, this study focuses on South Africa as a Member State of the ECA and one of a few countries that have a strong civil society and developed private sector. What is also significant about South Africa is the fact that a number of significant initiatives that involve both state and non-state actors have been evident in the period since the first democratic elections of 1994, thus allowing for an informed response from representatives of the different sectors. A South African response has thus been compiled from the six interviews that were conducted, two with representatives from each of the three sectors. Following from the responses, the study makes recommendations as to how the ECA can playa leading role in promoting partnerships in Africa.<br>AFRIKAANSE OPSOMMING: Die Verenigde Nasies se Ekonomiese Kommissie vir Afrika (EKA), 'n streeksvertakking van die Verenigde Nasies in Afrika, staan gedurig voor die uitdaging om te konformeer met die breër agenda van die moederorganisasie, maar streef terselfdertyd daarna om spesifieke antwoorde te vind vir Afrika se unieke ontwikkelingsbehoeftes. Dit beteken dat die EKA 'n middeweg tussen die eise van internasionale ontwikkelingstendense en die toepaslikheid daarvan in Afrika moet vind. Net soos die Wêreldbank en ander invloedryke internasionale instansies, is die Verenigde Nasies se benadering tot ontwikkeling in die een en twintigste eeu geskoei op 'n vennootskapsbasis. Die onderliggende oogmerk van dié benadering is die aanmoediging van aktiewe bydraes tot ontwikkeling deur die staat, privaatsektor en burgerlike samelewing. Derhalwe beteken dit dat ontwikkeling nie meer gesien word as die uitsluitlike verantwoordelikheid van die staat nie, maar eerder as 'n funksie van samewerking tussen die drie bogenoemde sektore. Aangesien baie Afrika state hulself op verskillende vlakke van ontwikkeling bevind, tesame met die feit dat sommige nie oor 'n aktiewe burgerlike samelewing, private sektor, of selfs 'n sterk staat beskik nie, is dit die taak van die EKA om gestalte te gee aan die konsep van 'vennootskappe' binne 'n Afrika konteks. Hierdie studie gaan uit vanaf die standpunt dat die EKA alleenlik 'n impak sal hê as lidstate betrek word om 'n gemeenskaplike verstandhouding en benadering tot die konsepsualisering en implimentering van vennootskappe in Afrika te ontwikkel. In die lig van bogenoemde, fokus die studie op Suid-Afrika, as EKA lidstaat en een van 'n paar Afrika state met 'n sterk burgerlike samelewing en goed ontwikkelde privaatsektor. 'n Verdere belangrike dimensie in die geval van Suid-Afrika, is die aantal belangrike inisiatiewe wat gesamentlik tussen staats- en nie-staatsinstansies sedert 1994 aangepak is. Hierdie inisiatiewe het verseker dat verteenwoordigers van alle sektore 'n ingeligte benadering tot besluite rakende die ontwikkeling van die streek kon volg. Vir die doeleindes van hierdie projek is ses onderhoude gevoer - twee per sektor - ten einde 'n beter begrip te kry van die land se benadering tot vennootskappe in diens van ontwikkeling. As 'n uitvloeisel van hierdie studie, word 'n aantal aanbevelings gemaak oor hoe die EKA 'n leidende rol kan speel in die aanmoediging van vennootskappe in Afrika.

Political Science<br>Ph.D.<br>The current scale and scope of peacekeeping missions is unprecedented and with this increasing reliance on peacekeeping as a tool to manage threats to peace and security come questions about who should keep the peace. Is it, as many assume, the United Nations? Is it a regional organization, such as the African Union? Or is it an individual state? Each of these different types of peacekeeping operations have different strengths and weaknesses associated with them in terms of legitimacy, institutional capacity, local and regional awareness, resources, and military effectiveness. This dissertation analyzes types of peacekeeping operations to determine which is the most effective in restoring peace and stability and why. I use a structured, focused comparative case study methodology to examine eight cases of peacekeeping, across two countries, the Democratic Republic of Congo and Sierra Leone, each of which has been subject to all three types of peacekeeping operations. This approach allows me to hold a number of control variables constant, providing a clear test of the impact of the type of intervention. I found that the type of PKO makes a difference to the success or failure of that mission. PKOs run by lead states are more likely to be successful because they are more willing to use force and they are more likely to have the resources and capabilities necessary to implement that force. Further, I found that two types of PKOs working together can use their strengths to compensate for each other’s weaknesses. I also present a quantitative study with a larger sample size that both substantiates my findings and allows me to generalize them to a wider universe of cases.<br>Temple University--Theses

The United Nations (UN) has invested increasing levels of effort in recent decades to cultivate a more effective, diverse and democratic institutional culture via the inclusion of and interaction among international civil society organizations (CSOs) and nongovernmental organizations (NGOs) to supplement the traditional role of states as the primary transnational actors. The principle vehicle for the UN-civil society dynamic is the consultative status (CS) program within the Economic and Social Council (ECOSOC), wherein a diverse range of nearly 5,000 transnational organizations ostensibly participate. This research examined patterns of participation and the nature/level of CSO/NGO involvement within the UN, with particular focus upon ECOSOC. In examining participation patterns, the research identified patterns related to geographical/proportional representation among developed and developing regions and world regions in general and also as related to policy/issue areas represented. In terms of involvement, the research sought to assess the types and degree of contributions being made by CSOs/NGOs in association with the UN. To address both areas, the research employed a two-prong methodology including (1) a detailed analysis of the UN’s online integrated Civil Society Organizations (iCSO) database and (2) a comprehensive survey questionnaire mailed to a randomly-selected sample of 10% of all organizations holding consultative status with UN-ECOSOC. The findings challenge the assumption that UN association with international civil society has realized pluralist ideals in that substantial variations were found to exist in the representation of policy/issue areas, with some areas far better represented than others. Perhaps more importantly, the research revealed that only a minority of organizations in the ECOSOC-CS program appear to be actively/regularly engaged with the UN, with a large minority of CS-accredited organizations engaged only periodically or to a more limited extent, and a substantial minority not participating/interacting in any way. Rather than exemplifying pluralism within the constructivist tradition, findings imply support for liberal institutionalist theories in that decades-long expansion of IGO influence has facilitated a corollary expectation of expanding international civil society and an associated expectation of linkages between transnational governance and democratic institutions on the one hand and transnational civil society on the other as a standardized norm.

Thesis (MA)--Stellenbosch University, 2003.<br>ENGLISH ABSTRACT: This thesis explores the issue of collapsed states with reference to William Reno's (2001) theory. Since the end of the Cold War we find in many places that the state itself has collapsed. According to this thesis state collapse refers to a situation where the structure, authority, laws and political order have fallen apart. The phenomenon of collapsed states is historic and worldwide, but nowhere are there more examples than in contemporary Africa. Sierra Leone is an example of a collapsed state in Africa. The state in Sierra Leone was after the commencement of the conflict in 1991 not capable of performing the duties which are required of a state when a state wants to be called a state. Governments in collapsed states lack the capacity to make binding, effective decisions. As a basic institution, the state loses its sovereignty as the most central institution in the society. Resource wars are nowadays a characteristic of collapsed states like Sierra Leone. Resources are used by key figures in the resource wars to enrich themselves. They also exploit the resources to finance their actions and propaganda. Diamonds was the resource which was exploited commercially by the 'government' and Foday Sankoh, a rebel/insurgent, as well as Charles Taylor, a warlord. The resource war was one of the reasons why the state in Sierra Leone collapsed further. It had lead to the total collapse of the state in Sierra Leone. With the commencement of the conflict in Sierra Leone, the issue of peacemaking came to the fore in Sierra Leone. The conflict in Sierra Leone was an intrastate conflict. The primary goal of the United Nations (UN) is to maintain international security and peace. Intrastate conflicts do not form part of the UN's traditional mandate regarding peacemaking. The UN thus had no basic framework of how to get involved in the intrastate conflict in Sierra Leone. The UN only became involved in 1999 in the form of UNAMSIL. Before the intervention of the UN, the 'government' of Sierra Leone turned to Private Military Companies (PMC's) in the form of Executive Outcomes and Sandline International. The problem with the intervention of PMC's in a conflict is that they are not sanctioned by international organisations like the UN. As a regional initiative, ECOWAS in the form of ECOMOG, also became involved in Sierra Leone. The intervention of both ECOMOG and PMC's in Sierra Leone failed to produce peace or the restoration of the state. Only the UN achieved peacemaking and the holding of an election. The conclusion of this thesis is that Sierra Leone fits in the theory of Reno (2001 ) re collapsed states. Sierra Leone is a typical example of a collapsed state and it also illustrates the validity of the concept. This however does not mean that Sierra Leone will be a collapsed state forever. There is the possibility that Sierra Leone can make a transition from a collapsed state to a stronger state to a more stable and functional state. It need, however, be noted that all conclusions in this thesis are of a preliminary nature. The conclusions will therefore be subject to further confirmation by later studies.<br>AFRIKAANSE OPSOMMING: Hierdie tesis verken die kwessie van vervalle state met verwysing na William Reno (2001) se teorie. Sedert veral die einde van die Koue Oorlog vind ons die tendens dat verskeie state verval het. In hierdie tesis verwys die konsep van 'n vervalle staat na 'n situasie waar die struktuur, gesag, politieke orde en wette uitmekaar geval het. Die verskynsel van vervalle state is histories en kom wêreldwyd voor. Kontemporêre Afrika verskaf egter die meeste voorbeelde van vervalle state. Sierra Leone is 'n voorbeeld van so 'n vervalle staat. Na die aanvang van die konflik in 1991 was die staat in Sierra Leone nie meer daartoe instaat om die funksies te verrig wat van 'n staat vereis word indien so 'n staat as 'n staat geag wil word nie. Die 'regering' in 'n vervalle staat beskik nie meer oor die kapasiteit om bindende, effektiewe besluite te neem nie. Die staat, as 'n basiese instelling, verloor sy soewereiniteit as die sentrale instelling in die samelewing. Die verval van 'n staat word toenemend met die uitbreek van 'n konflik- in hierdie geval 'n- hulpbronoorlog gekenmerk. Hulpbronne word deur die sleutelfigure, wat betrokke is in die hulpbronoorlog in die vervalle staat, gebruik om hulself te verryk. Hierdie hulpbronne word ook gebruik om die sleutelfigure se aksies en propaganda te finansier. Diamante is as hulpbron in Sierra Leone deur die 'regering' en Foday Sankoh, 'n rebellinsurgent, asook Charles Taylor, 'n oorlogsbaron, kommersieël uitgebuit. Die burgeroorlog met sy talle fasette, het tot die totale verval van die staat aanleiding gegee. Die kwessie van vredemaak het met die uitbreek van die konflik in Sierra Leone na vore getree. Die konflik in Sierra Leone was 'n intrastaatkonflik. Die primêre doel van die Verenigde Nasies (VN) is om internasionale vrede en sekuriteit te handhaaf. Intrastaatkonflikte as sulks maak nie deel uit van die tradisionele opdrag van die VN betreffende vredemaak nie. Die VN het gevolglik nie oor 'n basiese raamwerk beskik van hoe om by die intrastaatkonflik in Sierra Leone betrokke te raak nie. Die VN het eers in 1999 in die vorm van UNAMSIL in Sierra Leone betrokke geraak. Voor die intervensie van die VN het die 'regering' van Sierra Leone hom tot Private Militêre Bystand (PMB) in die vorm van 'Executive Outcomes' en 'Sandline International' gewend. Die problematiek insake PMB is dat dit nie deur internasioale organisasies soos die VN gesanksioneer word nie. As 'n regionale inisiatief het ECOWAS ook in die vorm van ECOMOG by die intrastaatkonflik in Sierra Leone betrokke geraak. In hierdie tesis sal daar gemeld word dat beide ECOMOG en PMB, met die uitsondering van die VN, se pogings vir vredemaak in Sierra Leone gefaal het. Die slotsom waartoe hierdie tesis kom is dat Sierra Leone inpas by Reno (2001) se teorie insake die verskynsel van vervalle state. Sierra Leone is 'n tipiese voorbeeld van 'n vervalle staat en dit illustreer die geldigheid van die konsep. Dit beteken egter nie dat Sierra Leone permanent 'n vervalle staat hoef te wees nie. Die moontlikheid bestaan wel dat Sierra Leone die oorgang vanaf 'n vervalle staat na 'n stabieler, meer funksionele staat kan maak. Dit dien egter gemeld te word dat alle afleidings in hierdie tesis as voorlopig van aard beskou kan word. Hierdie afleidings is onderhewig aan verdere bevestiging of weerlegging deur latere studies.

De nos jours la mondialisation préoccupe tout le monde : individus, communautés, groupes, Etats, politiques, citoyens ordinaires, universitaires, intellectuels, nonintellectuels, l'humanité. Le fourmillement d'études surtout économiques et la manifestation d'innombrables mouvements sociaux, conférences et discours politiques qu'elle suscite sont les preuves. N’y a-t-il pas là une raison pour en faire un objet de réflexion pour la philosophie, elle qui veut avoir l’intelligence des choses et du monde, être une quête de sens et une prise de conscience des préoccupations du temps ? Certains facteurs permettent de postuler que la mondialisation est un phénomène multidimensionnel, qu'elle manifeste ou exprime l'universel. Quels sont alors les fondements philosophiques du mondialisme, expression de l'universalisme moderne ? Située dans le temps et l'espace, la mondialisation semble ne pas avoir les mêmes effets pour tous. En outre, notre monde mondialisé paraît malade, dangereux et vide de sens. La justice sociale, la paix durable et la sécurité, la solidarité, la préservation de l'écosystème, la survie de la planète terre et de l'espèce humaine constituent ses défis. Ces aspects n'expriment-ils pas le signe d'une rupture avec les valeurs universalistes de la modernité : idéal de liberté, d'égalité, d'autonomie, de paix et de bonheur de l'homme ? Comment alors fonder une pensée de la mondialisation qui soit créatrice de sens et d'espérance ? Telles sont les grandes interrogations sur lesquelles porte cette thèse, se déroulant en quatre étapes : - Découvrir la mondialisation (la mondialisation comme processus) - Penser la mondialisation (de l’universalisme moderne au mondialisme) - Réagir à la mondialisation (à partir du contexte africain) - Agir dans la mondialisation (refonder une éthique de responsabilité)<br>Nowadays universalization worries everyone: individuals, communities, groups, States, policies, citizens ordinary, university, intellectuals, nonintellectuals, humanity. The swarming of economic surveys especially and the demonstration of innumerable social movements, conferences and speeches political that it causes are the evidence. There is not there a reason to make an object of reflexion for philosophy, it which wants to have the intelligence of the things and the world, to be a search of sense and an awakening of the concerns of time? Certain factors make it possible to postulate that universalization is a multidimensional phenomenon, whether it expresses or expresses the universal one. Which are then the philosophical bases of the mondialism, expression of modern universalism? Located in time and space, universalization seems not to have the same effects for all. Moreover, our globalized world appears sick, dangerous and meaningless. Social justice, lasting peace and safety, solidarity, the safeguarding of the ecosystem, the survival of the planet ground and the mankind constitute its challenges. These aspects do not express the sign of a break-up with the values universalists of modernity: ideal of freedom, equality, autonomy, peace and happiness of the man? How then to found a thought of the universalization which is creative sense and of hope? Such are the great interrogations to which this thesis relates, being held in four stages: - To discover universalization (universalization like process) - To think universalization (of modern universalism to the mondialism) - To react to universalization (starting from the African context) - To act in universalization (to refound an ethics of responsibility)

A study of ten Louisiana newspapers during May 15-31,1948 revealed a period in which articles varied in their coverage of the Arab-Israeli conflict and wider international relations. Discourse about Arabs and Israelis which became evident in newspapers in later years had emerged but was not fully developed. This coverage revealed a silence about the Holocaust and a subtext about the United Nations.

This study is titled Role of Small States in International Relations: Comparative Analysis of the Czech Republic and Israel and its main purpose is to analyze a typical small state's behavior in the international arena on the examples of the Czech and Israeli foreign policy. It is divided into four respective sections -- a theoretical framework, historical background, and the two case studies, and it strives to answer a foundational question whether the Czech Republic and Israel can be considered small players in international relations based on the theoretical definition of the notion of a small state as well as the countries' current foreign policy approaches and tools.

This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.

Both interventionist and anti-interventionist scholars have advanced the view that the 2011 Libyan conflict probes the need to establish an international organisation to settle disputes between nations with a view to maintaining international peace and security. Ironically, 67 years after the founding of the United Nations, post-colonial African states remain deeply troubled and affected by conflicts that are often exacerbated by United Nations Security Council (UNSC) Resolutions. The 2011 Libyan conflict was not a war for democracy; rather, it represented and demonstrated clearly the asymmetrical relations between Africa and Europe. This study therefore, is anchored on the thesis that the Western Countries—especially Britain and France—within the UNSC ignore the values that are embodied in the Treaty of Westphalia which established state sovereignty. Some Permanent five (P5) members of the UN were typically insensitive to Libya’s sovereignty and to the creed of democracy and this inevitably undermined the national security of the state in favour of the ‘Responsibility to Protect’ clause. The outsourcing of the UNSC’s mission, among other things, in Libya to ensure ‘international peace and security’ to the North Atlantic Treaty Organisation (NATO) was a critical reason for the loss of human lives and values in the 2011 Libyan pogrom. The introduction of a no-fly zone over Libya and the use of Responsibility to Protect (R2P) contained in UNSC Resolution 1973 clearly stoked the conflict in Libya in order to further the political and pecuniary interests of some of the P5 members. The involvement of NATO and the attendant bombing campaign in Libya served to undermine the militarily weak continent of Africa in its effort to broker peace under the umbrella of the African Union (AU). In order to secure these political and economic interests, the NATO jet bombers declared war against a sovereign UN member state and openly participated in the eventual overthrow and death of the Libyan leader, Muammar Gaddafi. In essence, this study underscores that the use of Responsibility to Protect in Libya was orchestrated at the highest level of international politics to justify external interference and ultimately, to secure regime change in Libya. The net effect of the outcome of the 2011 Libyan conflict is the post-war imperial control of Libya’s natural resources facilitated by the National Transition Committee established by these imperial forces. The extent of the damage caused by the UN-backed NATO intervention in Libya is also the result of the collective failure of the African Union to assert itself in the Libyan situation.<br>Thesis (M.A.)-University of KwaZulu-Natal, Pietermaritzburg, 2013.

博士<br>東吳大學<br>法律學系<br>95<br>The grant of recognition is generally kept within the authority of the administrative or executive branch of national governments. Hence, it is followed to the politically or diplomatically subjective intent, other than the legally objective standards. Until now, there is still no codified rule on the subject of recognition in the international law. Almost every form of recognition principally constitutes a kind of political determination and is determined in accordance with considerations of national policy and interest, and of questions of international law and fact concerned. However, since the very difference of state practice and legal scholars’ opinions exists, it appears that the political nature of recognition did not have developed into a legal theory, such as Professor Hersch Lauterpacht’s view that there is a right to recognition and a duty to recognition. The domestic courts are excluded from the determination of and participation in the recognition of a foreign new state or government. Thence, this matter is in general determined by the administrative organs of the government and its decision has binding force upon the judiciary organs. There are two theory discussed commonly in the legal textbooks regarding recognition, that is, the constitutive theory and the declaratory theory. However, the constitutive theory may present some difficulties and strange phenomena, such as the status of a state recognized by some and not recognized by other states. Hence, this thesis definitely supports the declaratory theory, and insisted that a state exists prior to recognition and the act of recognition is merely a formal acknowledgment and admission of an already established fact. Therefore, the recognition only declares an already existing fact. This fact shows that a particular entity possesses the all necessary qualifications of a state in accordance with the criteria of a state in international law. In the past period, the act of recognition unfortunately has been delayed, refused or granted on the basis of political reasons, but not by legal reasons. Therefore, is has been very often used as an instrument of intervention. In view of this inappropriate situation, legal scholars have insisted that the principle of unilateral recognition on the basis of the free and arbitral choice of states should be replaced by the process of collective recognition through a universal international organization in charge of collectively granting recognition to new situations, such as the United Nations. Hence, in the United Nations system, the admittance to the United Nations implies that its arising effect is more than the recognition of statehood because it adds to the rights and obligations of a state in general international law and in the Charter of the United Nations. For instance, according to Articles 2, paragraph 1 and 4, it expresses that every members is regarded as a sovereign state by the United Nations and with a position equal to that of other sovereign states in the international law. Therefore, we can reasonably infer that all the members who voted for admission of a state to the organization of United Nations, unless they indicated their intent of objection, are to be considered as having implicitly granted the act of recognition to that state. So, every state collectively receives important information of the situation happened, assesses that information, reaches a decision, and communicates that decision through the process of collective recognition. However, till now, the act of recognition is political in essence and is belonged to the authority of every state because it is unilateral in nature. Thence, every state can freely decide whether or not it wants to grant recognition to the situation according to its own national interests or public policy, and thus there are different political consequences. In the present period, and in the actual step of development in the international community, all states still have no common standard or position upon the political institutions, economic level or public welfare. In addition, the diversity and inconsistency on the state practice have made the above situation more complicated to reach a solution. (Menon, p. 51) The doctrine of collective non-recognition is, generally speaking, firstly raised by the Manchukou case and is restricted to the narrow scope of territorial acquisitions by the use of force, and, in opposition, the collective recognition by any international organization is mentioned as an unrealistic idea. Therefore, the collective recognition and non-recognition of states by the international organization, like that acting through the League of Nations or the United Nations, did not grant any adequate attention and academic studies. In addition, some scholars has expressed that, whatever the explanation for this miss, it is a serious omission because it has resulted in a failure to deal with the extent to which the law of recognition has been collectivized before the League of Nations or the United Nations. Hence, this thesis will examine the developments of the collective and non-recognition in the practice of the League of Nations and the United Nations, and will attempt to express that state practice has evidenced that every state in the international community had an acknowledgment of these two international organizations’ authority to determine the questions regarding the disputes of the recognition and non-recognition. Therefore, to sum up, this thesis will mainly and fully examine the practice of the international community acting through the United Nations, and in order to fill the non-recognition theory, includes the practice in the League of Nations and the practice of individual states or groups of states, like regional organization, acting outside the framework of the United Nations. Hence, the consideration will be given to the highly publicized and widely argued cases of non-recognition of states and entities unilaterally declaring and claiming to be a state. After the examination, we find that the state practice and the action of the League of Nations during the inter-war period were not uniform to conclude that the principle of non-recognition of territorial conquests has become a customary international rule. Although the inconsistence above mentioned, state practice ant the action of the League of Nations manifested an evident and clear trend to the non-recognition of territorial conquests and to the non-recognition of a new state arising from the conquest or use of force. So, this trend continued the previous doctrine of non-recognition, and reflected that every state did not want to or have no willingness to recognize the new state that did not comply with some basic rules in international law, such as the serious violation of human rights. Therefore, the state practice before WWII provides the clear evidence of the origin of the doctrine of non-recognition of any kind of situations, including the territorial transfers, treaties, agreements, new states and governments that violate the most basic principle of international law, and further, the recent developments in the action of the United Nations have supported the views that states assume a legal duty or obligation to refuse to grant recognition to any situation which violate jus cogens or peremptory norms in international law. The history in the post-WWII period showed that some form of collective recognition of states is achieved through the process of admission to membership in the United Nations. However, in recent years, when any discussion in the political organs of the United Nations, like the Assembly and Security Council, concerned the disputes of statehood, it would have debates on the subject of the non-recognition of states. Therefore, the contemporary criteria for statehood discovers mostly from the practice of non-recognition in the United Nations. So, some scholars pointed out that the key to the contemporary law of recognition is increasingly to be found in the doctrine of non-recognition when the international community explains the principles that exclude the recognition to some entities as states, such as John Dugard and P. K. Menon. The practice of the United Nations has considered the doctrine of non-recognition mainly in these three situations: (1) the non-recognition as states of entities that unilaterally claimed to be states; (2) the non-recognition of territorial acquisitions; and (3) the non-recognition of South Africa’s administration of Namibia. These cases will be discussed respectively in this thesis. Additionally, after the examination of the practice in the United Nations, we find that the United Nations emphasized the doctrine of non-recognition and the reasons that refuse to grant the statehood. Hence, there are a number of norms, discovered in the principles of non-aggression, self-determination and respect for human rights and fundamental freedom, which are in the large part responsible for the resort to the doctrine of non-recognition by the international community. In addition, this thesis will discuss the other cases outside the organization of the United Nations, that is, the practice of non-recognition outside the United Nations, especially those cases concerning the unilaterally declared independent states that seceded from the territories of their original states, including Biafra, Chechnya, Kosovo, Somaliland, and Kurdistan cases. The contents of this thesis are the followings: Chapter One introduces the motive and purpose of this thesis. Chapter Two analyses the effect of resolutions of United Nations and the formation of international custom. Chapter Three discusses the general theory of recognition in international law. Chapter Four focuses on the practice of collective recognition in the League of Nations and the United Nations. Then, Chapter Five firstly focuses on the practice of collective non-recognition in the League of Nations. After that, Chapter Six deeply analyze the practice of collective non-recognition in the United Nations from its formation to recent time. In order to study fully the cases, this thesis chooses some cases to further analyze in the Chapter Seven. Chapter Eight discusses the legal meanings and effects of Acts of non-recognition in international law, that is, the general theory of non-recognition in international law. Finally, Chapter Nine concludes that all the texts of this thesis and gets some much important concepts that show the reasons not to grant recognition to the new entities and situations, that is, to non-recognize them, including new states and governments, territorial acquisitions, and other new situations that seriously violate the basic norms or jus cogens in international law.

Many scholars perceive state sovereignty as absolute, inviolable, indivisible, final, binding and stagnant. That perception emanates from inter alia political, social, cultural and environmental contexts of the modern era. Most literature converge that the doctrine of sovereignty first received official codification at the Peace Treaty of Westphalia in 1648. Contemporary international norms, particularly the Responsibility to Protect (R2P) doctrine, are arguably an environment and culture of current global politics. With human rights and democracy having taken centre-stage in contemporary political discourses, sovereignty is affected and influenced by such developments in international politics. Hence the argument that globalisation, among others, has eroded, weakened and rendered the doctrine of sovereignty obsolete. This study, using Zimbabwe‟s Operation Murambatsvina as a case study, demonstrates that sovereignty is neither unitary in practice, nor sacrosanct; it is dynamic and evolves, thus, in need of constant reconfiguration. To this end, the study uses the qualitative research methodology.<br>Political Sciences

This thesis takes the position that it is not clear that the aspirations and assumptions expressed by theories of international relations predicated on the narrative about the emergence of mature sovereign nation states acting within a system of such states offers a particularly helpful guide to political practices concerning boundaries and borders that are identified on the ground. This is especially the case if we pay attention to the specific practices of bordering in Cyprus. Through a reading of various sites of limitation and excess of Cypriot sovereignty – in relation to the Byzantine and Ottoman empires, the modern system involving Greece, Turkey and the United Kingdom, the United Nations and the European Union, ongoing complexities such as British Sovereign Base Areas (SBAs) and the ethnically mixed village of Pyla/Pile – this thesis investigates the consequences and considers the implications, both theoretical and actual, that arise in Cyprus.

Indiana University-Purdue University Indianapolis (IUPUI)<br>This paper examines an international SDP NGO in relation to the most challenging limitations facing the current Sport for Development and Peace sector. Employing an existing academic framework of the contemporary SDP sector, this case study explores under what conditions an SDP organization might begin to emancipate themselves from such limitations.

La responsabilité de protéger a été élaborée en 2001 par la Commission internationale de l’intervention et de la souveraineté des États. Le concept se voulait une réponse aux controverses suscitées par les interventions armées à des fins humanitaires menées dans les années 1990. Il cherchait à concilier l’intervention à des fins humanitaires et le principe de souveraineté afin d’assurer la protection universelle des populations civiles, notamment par les actions du Conseil de sécurité, tout en respectant les principes qui constituent les fondements de la société internationale basée sur la Charte des Nations Unies. Avec son entérinement par les 191 États membres des Nations Unies lors du Sommet mondial de 2005, la responsabilité de protéger est devenue un sujet incontournable du discours international. En 2011, la mise en œuvre de la responsabilité de protéger par le Conseil de sécurité durant la guerre civile en Libye et la crise postélectorale en Côte d’Ivoire a mis le concept au premier plan de l’actualité internationale. Notre mémoire cherche à déterminer les répercussions juridiques qu’a eues la responsabilité de protéger sur le principe de la souveraineté étatique et sur le fonctionnement institutionnel du Conseil de sécurité.<br>The Responsibility to Protect was elaborated in 2001 by the International Commission on Intervention and State Sovereignty following the controversies surrounding humanitarian interventions lead during the 1990s. The Responsibility to Protect aimed at reconciling intervention for human protection purposes and sovereignty in order to ensure the universal protection of civilian populations, notably through the Security Council, while respecting the principles constituting the foundation of the international society based on the Charter of the United Nations. Since its acceptance by the 191 Member States of the United Nations during the 2005 World Summit, the concept has become a subject of first importance at the international stage. The implementation of the Responsibility to Protect by the Security Council in 2011 during the Civil War in Libya and the post-electoral crisis in Ivory Coast has put the concept on the headlines of the international news. Our thesis aims at determining the juridical repercussions that the Responsibility to Protect had on the State Sovereignty principle and on the institutional functioning of the Security Council.

This thesis examines how the law dealt with international fugitives. It focuses on formal extradition and the cross-border abduction of wanted criminals by police officers and other state officials. Debates over extradition and abduction reflected important issues of state power and civil liberty, and were shaped by currents of thought circulating throughout the imperial, Atlantic, and common law worlds. Debates over extradition involved questioning the very basis of international law. They also raised difficult questions about civil liberties and human rights. Throughout this period escaped American slaves and other groups made claims for what we would now call refugee status, and argued that their surrender violated codes of law and ideas of justice that transcended the colonies and even the wider British Empire. Such claims sparked a decades-long debate in North America and Europe over how to codify refugee protections. Ultimately, Britain used its imperial power to force Canada to accept such safeguards. Yet even as the formal extradition system developed, an informal system of police abductions operated in the Canadian-American borderlands. This system defied formal law, but it also manifested sophisticated local ideas about community justice and transnational legal order. This thesis argues that extradition and abduction must be understood within three overlapping contexts. The first is the ethos of liberal transnationalism that permeated all levels of state officials in British North America/Canada. This view largely prioritised the erosion of domestic barriers to international cooperation over the protection of individual liberty. It was predicated in large part on the idea of a common North American civilization. The second context is Canada’s place in the British Empire. Extradition and abduction highlight both how British North America/Canada often expounded views on legal order radically different from Britain, but also that even after Confederation in 1867 the empire retained real power to shape Canadian policy. The final context is international law and international legal order. Both extradition and abduction were aspects of law on an international and transnational level. As a result, this thesis examines the processes of migration, adoption, and adaptation of international law.

This project explores the “Laurier Memorial,” a pivotal document written by Chiefs of the Secwépemc, Nlaka’pamux, and Syilx Nations of interior British Columbia, and presented to Prime Minister Laurier in 1910. With the assistance of Scottish-born ethnologist James Teit, the Memorial is written in lucid first-person narrative, charting the history of relations between these Interior Tribes and settler populations, then putting forward a different vision of relations based in traditional law, reciprocity, obligation, mutual sovereignty and shared jurisdiction. As the document continues to circulate a century later, drawing new relations around it, it provides insight into Indigenous-State relations throughout history and how we might make moves towards resolving them. This work looks at the document’s proposal, its continued relevance and circulation, its nuanced impacts on broader political relations, as well as its impacts on my own political, personal, and research relationships.

Many scholars perceive state sovereignty as absolute, inviolable, indivisible, final, binding and stagnant. That perception emanates from inter alia political, social, cultural and environmental contexts of the modern era. Most literature converge that the doctrine of sovereignty first received official codification at the Peace Treaty of Westphalia in 1648. Contemporary international norms, particularly the Responsibility to Protect (R2P) doctrine, are arguably an environment and culture of current global politics. With human rights and democracy having taken centre-stage in contemporary political discourses, sovereignty is affected and influenced by such developments in international politics. Hence the argument that globalisation, among others, has eroded, weakened and rendered the doctrine of sovereignty obsolete. This study, using Zimbabwe‟s Operation Murambatsvina as a case study, demonstrates that sovereignty is neither unitary in practice, nor sacrosanct; it is dynamic and evolves, thus, in need of constant reconfiguration. To this end, the study uses the qualitative research methodology.<br>Political Sciences<br>M.A. (International Politics)

For many sets of reasons, including the unequal power relationship between them and most underdeveloped states, and probably more in Africa than anywhere else in the world, non-state actors (NSAs) like states are involved in the violation of human rights. With the phenomenon of globalization, their role has become even more pronounced with some of the traditional functions of the state being performed by them, with implications for human rights, especially socioeconomic rights. Unfortunately, state-centred traditional international law has proved to be ill-equipped to hold NSAs directly accountable and liable for their violations of human rights. NSAs are only expected to adhere to non-binding voluntary standards, such as codes of conduct. Yet, if properly interpreted and enforced, the African Charter for Human and People’s Rights (ACHPR) can be relied upon to hold them accountable. Against this backdrop, the study interrogates the existing universal and regional human rights laws and systems with the view to identifying any rules, principles, case law or literature that can help hold NSAs directly accountable for human rights violations. For better advocacy and protection of human rights on the African continent, it makes a case for a paradigm shift away from a state centred to a holistic approach that would include NSAs and ensure that they are also bound to protect human rights and become accountable for their violations.<br>Private Law<br>LL.M.