Tesis: "Positive Obligations of a State"

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Johansson, Josefin. "Holding States Responsible for National Corporates’ Extraterritorial Human Rights Violations: Possibility or Absurdity?" Thesis, Uppsala universitet, Teologiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384811.

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Almost four decades have passed since the European Court of Human Rights introduced the concept of positive obligations. Positive obligations mean that the member states must take affirmative action in order to secure the rights and freedoms provided for by the European Convention on Human Rights. Since then, the scope of positive obligations has extended tremendously, and today all substantive rights generally contain positive obligations. The reason behind the development is to maintain the full effectiveness of human rights enforcement within the European context, and it has been enabled, inter alia, through dynamic interpretation and because the European Convention on Human Rights is considered a living instrument. The fact that European companies operating transnationally, i.e. in a non-European context, sometimes through its commercial activities violates human rights has given rise to discussion in legal doctrine on whether the scope of positive obligations should be further extended so that the member states to the European Convention on Human Rights will incur state responsibility for national corporates’ extraterritorial human rights violations. Thus, the purpose of the thesis is to examine whether the European Court of Human Rights can and should proceed with such expansion. An expansion creates methodological and technical problems as it challenges the traditional notion of jurisdiction, however, it is not impossible. Whatever the European Court of Human Rights will decide to do, the thesis will provide arguments both for why home state responsibility for national corporates’ extraterritorial activities that violates human rights can and should be imposed, as well for why it is beyond its (the European Court of Human Rights) competence.

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Glazewski, Anna. "Les « obligations structurelles » de l’État au regard du droit international des droits de l’homme : recherche sur une nouvelle catégorie juridique". Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020093.

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Le développement du droit international des droits de l’homme conduit le droit international public à réenvisager la question étatique. Loin de n’être que le relai fonctionnel permettant l’application effective du droit international, l’État devient en effet, par l’intermédiaire de son « appareil interne », un véritable objet de celui-ci. Se développe ainsi, par le biais de cette branche du droit international qu’est le droit international des droits de l’homme, un droit international de l’organisation de l’État. L’obligation structurelle est l’un des outils juridiques permettant cette évolution. Au-delà des seules références que le droit international des droits de l’homme peut faire à l’appareil étatique se développent des obligations internationales destinées à l’organiser d’une certaine façon. Ne pouvant être parfaitement saisies par le biais des typologies d’obligations existantes, une nouvelle typologie reposant essentiellement sur la nature et les effets de telles obligations devait être dressée puis confrontée à la pratique du droit international des droits de l’homme
Contemporary evolution of international law of human rights leads the doctrine to reconsider the State question. Far from being a mere functional relay allowing an effective application of international law, the State’s ‘internal apparatus’ becomes one of its subject-matter. An international law of States’ domestic organization is therefore developing through this branch of international law. ‘Structural obligations’ is one of the legal tools enabling that evolution. Indeed, beyond simple references to institutional domestic aspects, obligations prescribing how States should organize themselves in order to fully respect their human rights commitments are emerging. These obligations could not be comprehensively described through classical typologies of obligations, so a new one needs to be elaborated and confronted with the international law of human rights practice

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Erman, Ayla. "Staters positiva förpliktelser och due diligence gällande våld mot kvinnor i hemmet : En kritisk analys av staters upprätthållande av kvinnors mänskliga rättigheter utifrån ett genusrättsvetenskapligt perspektiv". Thesis, Uppsala universitet, Teologiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-323535.

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Although women’s rights have been widely recognized in the international agenda, violence against women in the private sphere does not seem to decrease. Women are still suffering today from not enjoying the most basic human rights. States fail often to recognize domestic violence as a human rights violation because it is committed in the private sphere by non-states actors. Because of this the European Court of Human Rights decided to develop the due diligence standard in 2008 to combat violence against women. This thesis examines the European Convention on Human Rights law regarding domestic violence and the meaning of member states positive obligation and the concept of due diligence. The European Court has established that member states have several positive obligations to fulfill in order to address the issue of violence against women in the private sphere. However states fail too often to exercise the due diligence by not living up to the standards that has been established by the Court. It has been proven that the Convention articles are inconsistent. The Court needs too clarify exactly which measures states should take to address the issue of violence against women and send a clear message how much effort it takes to fill the scope of the due diligence standard. This inconsistency allows states to take stand in the law enforcements, which are contemplated to be dominated by male norms. The consequence of this is that women are usually disadvantaged in state law enforcement when it comes to violence in the private sphere. It is therefor of great importance to pay attention to women’s rights when it comes to domestic violence, as well as analyzing states approach in the domestic violence cases. The purpose of this thesis is to analyze domestic violence as men’s violence against women from a critical gender perspective by highlighting elements that effects states actions in the cases. The point of departure is to recognize similar behavior in states actions by focusing on the concept male norm and private and public sphere. The results revealed a clear pattern of the concepts. In each case signs of male norms expressed in a male position, where men are superior to women were shown. States divisions of the private and public spheres were also proven in the cases. States would prefer not to intervene when a woman was exposed to violence in the private sphere. This leads to women being suppressed and unable to reach legal protection in the private sphere.

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Papanikolaou, Chryssi. "Le principe de l'État social : étude sur les limites de l'activité législative en droit comparé français et hellénique". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D029.

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La Constitution française consacre la « République sociale » et la Constitution hellénique reconnaît « l’État de droit social ». Si le principe de l’État social a jusqu’à aujourd’hui été amplement appréhendé par les études doctrinales dans les deux États analysés en tant que principe indéterminé au « contenu normatif faible », l’intérêt de l’étude porte sur la possibilité de l’envisager autrement. Étudié́ dans le cadre du normativisme, qui nous impose d’envisager toutes les normes en tant que normes obligatoires, il convient de ne plus contester la force normative du principe en question mais de déterminer son sens. C’est ainsi qu’on sera finalement en position de savoir quel niveau matériel de vie les constituants de ces deux États ont garanti aux individus lorsqu’ils ont qualifié́ les États de sociaux. L’étude part du postulat selon lequel un État est social à partir du moment où il dispose en son sein de fondements qui habilitent, obligent et interdisent des actions spécifiques au législateur. Les normes constitutives de l’État social posent ainsi des limites à la production législative. Envisagées d’un point de vue positif, les normes fondatrices de l’État social habilitent le législateur à améliorer les conditions matérielles de vie des individus, sans nullement le contraindre. Le législateur concrétise le principe de l’État social dans un sens positif, tout en étant libre d’obligations positives. Le seul « obstacle » à la création de nouvelles prestations est, ainsi, l’impossibilité de contrôler l’inaction législative ; un élément qui constitue une limite intrinsèque au principe de l’État social. Vues d’un point de vue négatif, les normes constitutives de l’État social permettent au législateur de restreindre l’accès aux prestations, mais lui interdisent de neutraliser le principe. Les actions de concrétisation négative qui équivaudraient à une suppression de l’État social sont prohibées. Il s’ensuit qu’un minimum de législation sociale doit toujours être préservé tant que la Constitution qualifie l’État de social. De ce point de vue, les fondements normatifs de l’État social protègent le noyau essentiel du principe ou, autrement dit, garantissent ses contre-limites
French Constitution guarantees the “Social Republic,” the Greek constitution recognizes the « Social Rule of law ». If the principle of the Social State is to this day apprehended by the authors of both states as an undetermined principle of “low content of normativity,” this study’s focus offers a different perspective on the matter. If we study this principle in the context of normativism, we will be forced to view all norms as obligatory, and we will no longer contest its normative value but focus on determining its meaning. Only in this way we will be in the position of knowing what material level of life the constituents of the two states reserved for the individual, when they qualified the states as social. The study assumes that a state is social when it possesses the foundations that habilitate, oblige and prohibit the legislator from specific actions. The constitutive norms of the social state impose limits at the legal production. Seen at a positive perspective, the fundamental norms of the social state allows the legislator to improve the material conditions of life of the individuals without any constraints. The legislator concretizes the principle of the social state in a positive sense while being free from positive obligations. The only obstacle to the creation of new benefits is the impossibility to control legal inactivity; it constitutes an intrinsic limit to the principle of the social state. Seen from a negative perspective, the constitutive norms of the social state allow the legislator to limit the access to benefits but prohibit the neutralization of the principle. The actions of negative concretization that would lead to the annulation of the social state are prohibited. It follows that a minimum of social legislation should be maintained as long as the Constitution qualifies the state as social. At this angle, the normative foundations of the social state protect the essential core of the principle or, in other words, its counter- limits

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Xenos, Dimitris. "Taking the state's positive obligations seriously". Thesis, Durham University, 2009. http://etheses.dur.ac.uk/2027/.

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In the supranational system of the European Convention of Human Rights, the state's liability is defined in terms of positive obligations when human rights have to be actively protected. In addition to the traditional negative obligation of non-interference, the state must also guarantee the enjoyment of human rights to all individuals within its jurisdiction. Individuals have to be actively protected against acts of interference from private parties and, where appropriate, to be assisted if they are not able to enjoy human rights due to their own circumstances of personal vulnerability. The liability of the states in terms of positive obligations induces a freestanding imperative of human rights that changes fundamentally the perception of the role of the state and the participatory ability of the individual, who can now assert her human rights in all circumstances in which they are relevant. In that regard, positive obligations herald the most advanced control of the state ever attempted in international law. Opening the scope of protection of human rights across the board necessitates corresponding adjustments in the functioning of the European Court of Human Rights, which can no longer rely on ad hoc balances of overall justice to sustain such an unprecedented extension of its business. The current study focuses on the technical expertise that is needed to establish the practical legitimacy of the apparently open-ended scope of positive obligations in view of the actual capabilities of the Convention's institution and those of the member states. Positive obligations are evaluated in relation to their potential to extend and further improve the protection of human rights in the wide range of circumstances in which the state authorities do not directly interfere. What is sought is a comprehensive methodological framework of critical stages and parameters through which the content of positive obligations can be determined. The emphasis is put on the quality of legal reasoning that guarantees certainty and predictability in the planning of the application and development of positive obligations. For this purpose, procedural safeguards are particularly stressed to ensure an objective application of law, as well as the necessary access for the participation of the individual in the implementation and enforcement of positive obligations at the domestic level.

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Duymaz, Erkan. "L'"effet horizontal" de la convention européenne des droits de l'homme". Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30025.

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L’effet horizontal implique l’application de la Convention EDH dans les relations interindividuelles. Justifiée par la théorie des obligations positives, cette construction jurisprudentielle permet la mise en jeu de la responsabilité internationale de l’État lorsque celui-ci ne prend pas les mesures nécessaires pour prévenir et réprimer les violations de la Convention commises par les personnes privées. La reconnaissance de l’effet horizontal par le juge européen a pour conséquence la prolifération des obligations substantielles et procédurales de l’État. La transposition de celles-ci dans l’ordre juridique interne astreint les autorités publiques, y compris les tribunaux, à intervenir dans les rapports privés. Nécessaire à l’effectivité des droits de l’homme, la diffusion de l’effet horizontal a pour contrepartie l’accroissement de l’intervention étatique dans la sphère privée et l’apparition des devoirs individuels fondés sur le respect des droits et libertés d’autrui. La Cour EDH, pionnière de l’ « horizontalisation », refuse d’en élaborer une théorie générale. Le défi est dès lors de délimiter l’extension des droits de l’homme aux relations interindividuelles afin que celle-ci ne devienne pas un facteur d’affaiblissement de la protection verticale des droits de l’homme
The horizontal effect involves the application of the ECHR in interindividual relationships. Justified by the theory of positive obligations, this jurisprudential construction allows to establish the international responsibility of the State when it fails to take necessary measures to prevent and suppress violations of the Convention committed by private persons. Recognition of the horizontal effect by the European judge results in the proliferation of substantive and procedural obligations of the State. Transposing them into domestic law compels public authorities, including courts, to interfere in private relations. Necessary for the effectiveness of human rights, the diffusion of the horizontal effect generates, in return, an extension of State intervention in the private sphere and the emergence of individual duties based on the respect of the rights and freedoms of others. The European Court of Human Rights, pioneer of the « horizontalization », refuses to develop a general theory. The challenge is therefore to delimit the extension of human rights to relations between individuals so that it does not become a factor of weakening of the vertical protection of human rights

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Lumaret, Coraline. "L'effet horizontal de la Charte des droit fondamentaux de l'Union européenne". Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020004.

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La Charte des droits fondamentaux de l’Union européenne a acquis une force juridique contraignante depuis l’entrée en vigueur du traité de Lisbonne. Les institutions européennes et les Etats membres lorsqu’ils mettent en oeuvre le droit de l’Union européenne sont donc liés par ses dispositions. Mais les autorités publiques ne devraient pas être les seules à être soumises au respect des droits et libertés qu’elle garantit. En effet, les particuliers, parce qu’ils peuvent, à l’instar des pouvoirs publics, attenter aux droits primordiaux de leurs semblables, devraient également être tenus de respecter cet instrument juridique lorsqu’ils se trouvent placés dans une situation régie par le droit de l’Union européenne. Autrement dit, la Charte des droits fondamentaux devrait déployer des effets juridiques dans le cadre des relations de droit privé lorsqu’il existe un lien de rattachement avec le droit de l’Union européenne. Cet effet horizontal permettrait ainsi aux particuliers de jouir effectivement des droits et libertés consacrés par la Charte. On attend donc des autorités publiques, conformément à leurs obligations positives, qu’elles protègent les droits que les particuliers tirent de cet instrument juridique. La reconnaissance de l’effet réflexe de la Charte des droits fondamentaux aura ainsi pour conséquence de créer des obligations tant pour les institutions européennes et les Etats membres que pour les personnes privées
The Charter of fundamental rights has acquired a binding legal force since the coming into effect of the Treaty of Lisbon. Hence, the institutions of the European Union and member states when they implement the law of the European Union are bound by the provisions of the Charter. But the addressees of this legal instrument should not be only public authorities. Individuals, whenever it could impinge on freedoms and basic rights, should be subject, to compliance with the Charter when the matter falling the scope of EU law. In other words, the Charter of fundamental rights should have legal effects in private law relations when there is a connecting link to EU law. Horizontal effect would allow individuals to have full enjoyment of rights enshrined in the Charter. Public authorities must therefore, in keeping with their positive obligations, protect the rights derive from the provisions of this legal instrument. Therefore, the recognition of horizontal effect of the Charter will create obligations for both institutions of European Union and member states and private persons

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Fahy, Patrick. "State obligations to prevent breaches of Article 3 by non-state actors". Thesis, Queen's University Belfast, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.673848.

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The thesis examines an area of human rights law where the author contends there is serious doctrinal imprecision and decisional inconsistency in the jurisprudence of the European Court of Human Rights; in the principles and practice applied in relation to the State's obligations under Article 3 of the European Convention on Human Rights to provide operational protection for At1icle 3 rights. The thesis relates this problem back to the failure of the European Court of Human Rights in the case of Osman v United Kingdom to sufficiently define the relationship between the notion of effectiveness and the concept of reasonableness, both of which elements were described in the case as being applicable in interpretation of the State's obligations. In consequence of this failure, and for other reasons peculiar to United Kingdom jurisprudence, the thesis suggests that United Kingdom courts when charged with independently interpreting the requirements of At1icle 3 have consistently done so on the basis that the concept of reasonableness stands alone, and denotes a leeway or discretion to the State in the performance of its established obligations. It argues that this approach disregards the linkage expressly made between reasonableness and effectiveness in Osman and in other Cout1 jurisprudence on the issue. The thesis contends that the sufficiency of the State's performance of its At1icle 3 obligations must be judged on the basis of its effectiveness, such judgment to be carried out applying the concept of reasonableness. In this way, the unqualified status of the At1icle 3 rights can be upheld, without placing unreasonable burdens on the State. To this end, the thesis proposes that the Cout1 should adopt a two-stage process in its examination of claims to the benefit of Article 3 rights to operational protection; through which the issue of establishment of the rights and obligations is clearly separated from the issue of the content of established rights. Only in this way, the thesis argues, can the principles applicable to each of these areas be identified and properly applied. The thesis rules out any role for the notion of a discretion which would prevent the Court examining substantively the quality of the State's performance of its obligation.

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Turner, Ian David. "Human rights, positive obligations and the development of a right to security". Thesis, University of Central Lancashire, 2016. http://clok.uclan.ac.uk/16597/.

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In this PhD by Published Work the author is advocating a right to security broadly grounded in ‘communitarian’ ideals. The ‘absolutist’ state theory of, say, Thomas Hobbes, to protect society from collapse, pays too little attention to genuine fears that the state can actually pose a threat to security; in giving the state significant powers of security, it can undermine the very values one is seeking to secure; and is there actual evidence that substantial gains in state power over the last fifteen years or so, since ‘9/11’, for example, have actually made nations more safe? But liberalism, at least the form suggested by, say, Ronald Dworkin, in being unprepared to accept a balance between rights and security, seemingly overlooks threats that undermine the very freedoms liberals like Dworkin wish to protect. And the liberal philosophy, at least its John Locke traditions, of absolute freedoms is too individualistic and attaches too little weight to responsibilities. Plotting a course, therefore, through these criticisms of state absolutism and liberalism one therefore ‘finds’ communitarianism as a philosophy to support a right to security. The author’s ‘communitarian’, right to security is based on an expansive interpretation of ‘positive’ duties of the state, to protect, say, the rights to life of individuals from violations by non-state actors such as suspected terrorists. The author is therefore not proposing an autonomous right to security; he is developing an existing one. And as the author still sees his right to security as largely a justiciable one enforceable before the courts, his approach is a more moderate aspect of communitarianism embracing some liberal ideas of constitutionalism such as judicial review.

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Dumberry, Patrick. "State succession to international responsibility /". Leiden : M. Nijhoff, 2007. http://catalogue.bnf.fr/ark:/12148/cb412862567.

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Féliz, De Jesús Ernesto José. "Obligations erga omnes as multilateral obligations in international law". Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:174ea3f0-a62b-448b-8675-266aa4f5684b.

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So-called obligations erga omnes, owed to the international community as a whole, including all States, now form part of positive international law. These obligations protect some of the most basic values of present-day international relations. Examples include the obligations not to commit genocide or torture, to uphold the most basic human rights, to respect the self-determination of peoples, and so on. However, there is little agreement as to what these obligations imply, how they have come about, and how to identify them. In the literature, at least, there is widespread agreement that obligations erga omnes are different in essence and in nature from obligations owed by one State to another State, so-called obligations inter partes. In turn, this —alleged— radical conceptual break severs obligations erga omnes from a wealth of norms that exist in present-day, general international law, but whose origins lie farther back in time. This thesis attempts to reconcile obligations erga omnes with obligations arising in classic, general international law. It explores what it means to be owed an obligation and how it came to pass that most obligations were owed inter partes. The particular way in which sovereignty came to be conceived and the furtherance of sovereignty, at the expense of other values, forms the pattern that gave rise to obligations inter partes. But even at that time, exceptions to this pattern existed which brought about obligations analogous to those owed erga omnes today. Relevant state practice will be analysed. If obligations erga omnes could have been created in classic international law, it is unjustified to maintain that obligations erga omnes represent so radical a break with the past. Obligations erga omnes are aggregates of bilateral, primary obligations. From this perspective, it is possible to identify these obligations, their consequences, and to discern their origins.

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Martzoukou, V. "Claims to resources and positive obligations under the European Convention on Human Rights". Thesis, University College London (University of London), 2015. http://discovery.ucl.ac.uk/1472404/.

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This thesis investigates the question of what claims to resources and positive obligations are inherent in an effective respect for the rights protected by the ECHR. I advance my thesis first by way of a negative argument about where we cannot look for answers: in flawed categorizations and distinctions between different types of rights and duties and in formalistic or conventional interpretations of the ECHR. Instead, I treat this as an interpretive question that invites substantive moral arguments about what the content and extent of such claims may be in light of the principles and values underlying the Convention. I highlight the significant progress but also the inconsistency and uncertainty in the case law of the ECtHR and offer examples that point to the need for a coherent set of principles by which to determine the content and fair scope of positive obligations and claims to resources. I investigate three different conceptions of the value of liberty as the core value underlying the ECHR. I consider the problems in employing the theories of I. Berlin and J. Raz as the basis for an account of rights and positive obligations. In contrast to these, I develop an interpretation of Ronald Dworkin's integrated conception of the values of liberty and equality, by which his two principles of dignity and the abstract right to equal concern and respect may give rise to rights as fair shares in a just distribution of the available resources. The idea of proportionality, I suggest, so prevalent in human rights theory and practice, cannot answer the question of what is a fair share but points to the central problem of when can individuals challenge a distribution of resources or opportunities as disproportionate, unreasonable or unfair. Besides, I highlight the significant flaws of minimum core and capabilities theories as the basis for construing the content of rights and claims to resources and positive obligations. As a more attractive alternative, I closely examine Dworkin's theory of equality of resources and defend an interpretation of his hypothetical insurance device as a safety net strategy for determining the content of claims to resources and positive obligations under the ECHR.

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Craig, E. M. "Multilateral treaties and state obligations in relation to national minority education". Thesis, Queen's University Belfast, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.431581.

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Lammer-Heindel, Christoffer Spencer. "Does the state have moral duties? State duty-claims and the possibility of institutionally held moral obligations". Diss., University of Iowa, 2012. https://ir.uiowa.edu/etd/3330.

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We commonly attribute to states and other institutional organizations moral duties and obligations. For example, it is widely held that the state has a moral duty to protect its citizens from external threats and (more contentiously) it is claimed that it ought to positively promote the welfare of its members. When we focus on the surface grammar of such institutional duty-claims, we see that they seem to differ from individual duty-claims only with respect to the subject of the claim. Whereas an institutional duty-claim asserts that an institution (e.g., the state) has a duty to do some action a, an individual duty-claim asserts that a particular individual person has a duty to a. For example, we might claim that parents ought to protect their children, or that a particular person, Doe, ought to take better care of his child. Many scholars have argued or at least assumed that institutions are ultimately just collections of individuals, and hence institutional duty-claims can be analyzed in terms of claims about individuals' duties and obligations. Other scholars have rejected this reductive approach to institutional duty-claims as well as the individualist assumption upon which it is premised--viz., that institutions are nothing "over and above" individuals. Instead, it is argued that at least some institutional organizations are moral agents in their own right which have duties and obligations that are uniquely their own. According to this antireductive holist approach, at least some institutional duty-claims resist being analyzed into claims about individuals' duties and obligations. My aim in this dissertation is to clarify what is meant when we assert that the state (or some other institutional organization) has moral duties, and I do so by entering into dialogue with both the reductive individualist and antireductive holist views. In Chapter One I situate and motivate my project by reference to two well-known debates in which claims about the state's duties play an inescapably central role; viz., the debate concerning the propriety of using so-called "enhanced interrogation techniques" in the War on Terror and the debate surrounding the most recent reforms to the health care system here in the United States. Since my aim is to shed light on the meaning of and truth-makers for institutional duty-claims, I devote Chapter Two to the task of clarifying what we mean and imply when we advance duty-claims in what we may assume to be paradigmatic circumstances: namely, those circumstances in which an individual is said to have a duty to do something or another. I then frame the further investigation into the meaning and significance of institutional duty-claims as one which has the aim of revealing whether the phrase 'has a duty' has a univocal, analogous, or equivocal signification across institutional and individual contexts. In Chapter Three I take up the task of characterizing and distinguishing the relevant reductive individualist and antireductive holist viewpoints, considering both historically significant and contemporary versions of each. In Chapter Four I present and critically evaluate a rather influential argument in favor of institutional moral agency, which, if true, would vindicate the antireductive holist approach. I conclude that chapter by arguing that, contrary to the claims made by those who defend institutional agency, we are unjustified in believing that institutions possess those properties requisite for moral agency. Having set aside what I take to be a "best-case" for an antireductive holism, I turn, in Chapter Five, to the task of making plausible the reductive individualist approach. In doing so, I propose that some institutional duty-claims actually resist reduction to claims about individuals' duties and that such claims are thus better understood as claims about the extrinsic value of an institutional arrangement.

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Okafor-Obasi, Obasi. "The enforcement of state obligations to respect and ensure human rights in international law". Universität Potsdam, 2003. http://opus.kobv.de/ubp/volltexte/2011/5133/.

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Content: I. The nature and form of international law 1. The acceptance of the existence of an international legal order 2. The legal position of the individual in international law II. Obligations of states in the protection of international human rights 1. Treaty-based human rights obligations 2. The nature of treaty-based human rights obligations 3. The ”absolute” and ”objective” character of human rights treaty obligations 4. Human rights conventions as self-contained regimes 5. The problem of characterisation of human rights obligations of states III. Human rights obligations arising from general principles of international law 1. Obligations erga omnes and human rights norms 2. The outlawing of genocide as obligation erga omnes 3. Protection from slavery as obligation erga omnes 4. The outlawing of acts of aggression as obligation erga omnes 5. Protection from racial discrimination as obligation erga omnes 6. The basic rights of the human person as obligation erga omnes 7. Jus Cogens and the search for peremptory norms of human rights 8. International crimes and human rights norms 9. The relationship between the concepts: erga omnes, jus cogens, international crime and human rights IV. International instruments for the coercive enforcement of state obligations to ‘respect and ensure’ human rights 1. Countermeasures as consequences of breach of treaties in international law 2. Application of reprisals for the enforcement of treaty-based human rights obligations 3. Intervention for the protection of human rights in international law 4. Intervention by the Security Council for the protection of human rights: the situation before the East-West détente 5. Humanitarian intervention after the end of the Cold War 6. The legal nature of ECOWAS intervention in the Liberian Civil War 7. The legality of NATO’s intervention in Kosovo 8. Some instances of intervention with mixed motives V. Non-forceful measures for the enforcement of states’ human rights obligations 1. Economic and financial pressure as means of enforcing states’ obligation to respect and observe human rights 2. The application of the clausula rebus sic stantibus for the protection of human rights 3. The enforcement of human rights through the World Bank 4. The enforcement of human rights through the ILO 5. Diplomatic recognition as an instrument for securing a state's respect and promotion of human rights 6. Refusal to comply with an extradition agreement as a means of enforcing a state’s human rights obligations 7. Denial of immunity as a means of enforcing a state’s human rights obligations 8. Publicity as an instrument for the enforcement of human rights VI. Judicial enforcement of state obligations to ‘respect and ensure’ human rights 1. Enforcement of human rights through International Criminal Tribunals 2. The International Criminal Tribunal for Yugoslavia 3. The International Criminal Tribunal for Rwanda 4. The International Special Court of Sierra Leone Résumé

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16

Tang, Liyan. "Financial accountability of listed Chinese state-owned enterprises' unfunded pensions : including unreported pension obligations". Thesis, Imperial College London, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503805.

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Bloom, Tendayi. "The outsider within : obligations of a liberal democratic state towards noncitizens within its territory". Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/3367.

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This dissertation provides a way for liberal democratic theorists to discuss obligations towards noncitizens within a state’s borders, and argues that, in fact, there are such obligations. Current theories of justice, even those engaging directly with migration across state borders, have been unable successfully to explain a state’s obligations towards non-citizens who are within its territory. This has two problematic ramifications. First, it indicates that there is a problem with theories of justice in their current form. Second, it means that it is difficult to find a liberal vocabulary to discuss obligations towards non-citizens. This dissertation addresses this problem directly, through the lens of the Capability Theory of Rights offered by Martha Nussbaum and Amartya Sen. It emphasises the importance of understanding society as it is, and people as they are, as well as the state’s role in societal evolution. This dissertation does not advocate a liberal democratic approach over any other, but is intended to speak to an audience that ascribes to liberal democratic principles. The specific liberal approach it adopts is modest cosmopolitan, starting from a society-of-states empirical world view. This dissertation adopts a normative methodological approach. This can be set against an approach that is legal, social scientific, or political. The core purpose is to establish what should be the obligations of a self-defining liberal democratic state towards non-citizens within its territory, in virtue of people being as they are and the world being as it is.

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18

Van, Ittersum Kyle W. "Flow as a positive state: antecedents and outcomes of flow states". Thesis, Kansas State University, 2013. http://hdl.handle.net/2097/15839.

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Master of Science
Department of Psychological Sciences
Clive J. Fullagar
The field of Industrial/Organizational Psychology has begun to incorporate elements from the growing field of Positive Psychology which has been manifest in Positive Organizational Scholarship (POS) and Positive Organizational Behavior (POB). This study examined two POB constructs, Psychological Capital (PsyCap) and Flow in a lab-based virtual-world simulation while utilizing Fredrickson’s (2001) broaden-and-build theory of positive emotions. It was hypothesized that PsyCap would predict flow experiences and that those flow experiences would predict several outcomes, namely performance, affect, and resilience. It was found that individuals higher in Psychological Capital tended to experience more flow in a flow inducing task. During that task, individuals in flow performed better and experienced more positive affect than individuals who experienced lower levels of flow. Additionally, flow in that task was able to predict performance, affect, and resilience in a later, overly challenging task. Implications for these findings are discussed as well as limitations and future directions.

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19

Valentin, Martina. "Women, violence and state responsibility : a closer look at Sweden´s obligations under international law". Thesis, Stockholms universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-95808.

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20

Eriksson, Maria. "Defining rape emerging obligations for states under international law? /". Doctoral thesis, Kållared : Örebro Universitet, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-10590.

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21

May, Farid. "Positive sum reciprocal engagement between China's grassroots NGOs and the local state". Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:d086ba14-6db3-47cb-a506-0730a467e851.

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This thesis explores state-society relations in China by focusing on the interactions between grassroots NGOs and local government departments. It presents the notion of positive-sum reciprocal engagement as one form of relationship that can emerge between the state and social organizations. Such engagement can be characterized as a dynamic and interactive process implying proximity, communication, joint action, mutual influence, mutual benefit and mutual empowerment, resulting in added value for society. Drawing on fieldwork carried out in six rural or semi-rural Chinese localities, including interviews and questionnaires with local government departments and indigenous grassroots NGOs, this study seeks to identify the conditions under which positive-sum reciprocal engagement is likely to emerge. It finds that the presence of reformist officials, the strengthening of NGO capacity in framing issues to open social spaces and to engage in effective action while communicating the results of such action are particularly important to establishment of reciprocal engagement. Significant structural or contextual factors include positive associational experience and openness in the locality. This study also explores the extent to which grassroots NGOs are able to affect the formulation and implementation of policy at the local level, and finds policy influence to be one of the significant outcomes of positive-sum reciprocal engagement. One mechanism through which policy influence occurs is in the context of a mass-line model of communication, in which NGOs participate in discourses on social issues and act as channels for the conveyance of policy information and suggestions. Grassroots NGOs are also able to model innovations and contribute to policy formulation and reform in carrying out concrete programs, which is made possible by an environment characterized by policy flexibility and amenable to experimental points.

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22

Mutchler, Amanda C. "Positive Promotion: The Current State of Body Positivity in Women's Magazine Advertisements". The Ohio State University, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=osu1555441883374652.

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23

Plumb, Sarah. "A positive clinical psychology approach to developing resilience among state employed nurses". Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1018879.

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Nurses are confronted with numerous work-related stressors that can result in burnout. This can contribute to absenteeism and high turn-over rates in the nursing profession. A review of the literature indicated that psycho-educational interventions to increase resilience could be an effective way of addressing this problem. The study aimed to develop a positive clinical-psychology approach to increasing resilience in State employed nurses. The study used a mixed-method approach to determine the current psychological functioning of a sample of 87 nurses. Quantitative data on personality traits, character strengths and levels of resilience were obtained, using the NEO PI-R, VIA – IS, and Resilience Scale. Qualitative data on the coping responses of nurses were obtained through the thematic analysis of focus groups. These data were integrated to create a positive clinical psychology conceptualisation of resilience and to develop therapeutic guidelines for a group psycho-educational intervention. The results of the study indicated a struggling psychological profile. This was defined as the ability to deal with work-related stressors – but with the potential risk of developing symptoms of burnout. The moderate levels of resilience were attributed to elevated character strengths in the sample. The distribution of personality traits indicated that the nurses in the sample were at risk of developing burnout; and this prevented them from flourishing. These data were synthesised to create therapeutic guidelines for developing resilience aimed: (1) increasing emotional stability and invulnerability; (2) increasing agreeableness; and (3) increasing conscientiousness. These guidelines were based on the personality traits that were deemed to negatively impact the resilience of the nurses. These personality traits were correlated with several character strengths that displayed strong relationships with resilience. This indicated that resilience could be developed through the cultivation of the following character strengths: perspective; perseverance; fairness; forgiveness; leadership; love; zest; hope; curiosity; and appreciation of beauty and excellence. These character strengths were identified to facilitate the positive adaptation of the personality traits identified in the therapeutic guidelines. A group psycho-educational intervention was developed, using the positive clinical psychology conceptualisation of resilience. The literature was reviewed to identify techniques to cultivate the ten character strengths specified in the therapeutic guidelines. These techniques were adapted to create experiential learning processes for the intervention. This psycho-educational programme can be applied as a secondary and tertiary intervention. It can be used to increase resilience to prevent burnout among nurses. It can also be used to psychologically empower nurses that have existing symptoms of burnout.

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24

Mockienė, Akvilė. "Is the insolvency of the State legitimate basis to suspend or repudiate on international financial obligations?" Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2009~D_20090730_144742-25837.

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The author of this thesis raised question if the insolvency of a State is the legitimate basis for suspension or repudiation on international financial obligations. Since there is no uniform way to deal with the issue, the attention is given to different practices and guidelines of court’s reasoning. In order to answer the legal question, prove or neglect the hypothesis and fulfill goals descriptive, analytical and comparative methods are used. The paper consists of four major parts and proceeds in the following order. Part one provides general understanding of State as subject of international law, gives basic legal characteristics of Sovereign debt, introduces the legal definition of insolvent State and explores responsibility of the State in case of unilateral suspension or repudiation on external public debt. The second part explores the existing judicial regulation, defines the absence of international law containing a uniform or a codified insolvency law of states and outlines the main principles applicable to the dispute resolution between insolvent Sovereign State and its creditors. This section also analyzes the frequent practice of solvency crises resolutions and sifts through main judicial problems. It is concluded that current Sovereign crisis resolution violates the main fundamental principle of the rule of law: that one must not be judge in one's own cause. Author emphasizes that diversity among creditors creates uncertainty among all participants as to how... [to full text]
Darbo tikslas yra atsakyti į klausimą, ar valstybės nemokumas yra teisėtas pagrindas sustabdyti arba panaikinti tarptautinių įsipareigojimų vykdymą. Jam pasiekti naudojami aprašomasis, analitinis bei palyginamasis metodai. Magistro baigiamasis darbas yra sudarytas iš keturių pagrindinių dalių. Pirmiausia yra pristatoma valstybės kaip tarptautinės teisės subjekto samprata, bendra valstybės skolos charakteristika, pateikiamas nemokios valstybės apibrėžimas bei analizuojama valstybės atsakomybė vienašališkai sustabdant tarptautinių įsipareigojimų vykdymą arbą jų atsisakant. Antrojoje dalyje atskleidžiama nemokios valstybės is jos kreditorių santykių reglamentacija, aptariami bendrieji teisės principai taikytini valstybės nemokumui. Analizuojama dabartinė nemokių valstybių problemų sprendimo praktika bei atskleidžiamos pagrindinės teisinės problemos. Trečioji dalys yra skirta sąlygų, kurioms esant nemoki valstybė gali teisėtai atsisakyti vykdyti savo finansinius įsipareigojimus, analizei. Prieinama prie išvados, kad valstybės nemokumas gali būti teisėtas pagrindas sustabdyti arba panaikinti tarptautinių įsipareigojimų vykdymą , tačiau tik esant tam tikroms aplinkybėms – kuomet tarptautinių finansinių įsipareigojimų vykdymas pažeidžia pagrindinius nemokios valstybės piliečių poreikius bei teises. Paskutinėje dalyje pristatomi siūlymai kaip galima būtų teisiškai reguliuoti nemokios valstybės ir jos kretitorių santykius. Pateikti projektai palyginami, aptariamos jų trūkumai ir... [toliau žr. visą tekstą]

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Gebremeskel, Wintana Kidane. "Sitting head of state immunity for crimes under international law : conflicting obligations of ICC member states?" University of the Western Cape, 2016. http://hdl.handle.net/11394/5515.

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Magister Legum - LLM
Sitting head of state immunity for crimes under international law has been a very controversial issue in recent times. On the one hand, the debate bears that personal immunity has been renounced for crimes under international law. On the other hand, the advocates of personal immunity claim that the principle of immunity is still persisting under customary International law. Although the International Criminal Court (ICC) is a treaty based court, it is able to extend its jurisdiction to non-state parties to the Rome Statute through a referral by the United Nations Security Council. Lacking its own enforcement body the ICC relies on the cooperation of other states for arrest and surrender of those it indicts. The extension of the court's jurisdiction to non-state parties, such as the case of Sudanese President Omar Al Bashir, has led to the reluctance of state parties to the Rome Statue to effect arrest and surrender citing a 'dilemma between two conflicting obligations'. This paper analyses the legal status of personal immunity before different fora such as International tribunals, foreign domestic courts and under customary international law. It also critically examines the legal basis for the alleged conflicting obligations of state parties. The paper at the end concludes that there is no conflicting obligation for states parties to fully co-operate with the ICC and the lack of co-operation in the arrest and surrender of a sitting head of state is inconsistent with international law particularly with United Nation Charter and the Rome Statute.
German Academic Exchange Service (DAAD)

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26

Ali, Jaffar. "Multiple positive solutions for classes of elliptic systems with combined nonlinear effects". Diss., Mississippi State : Mississippi State University, 2008. http://library.msstate.edu/etd/show.asp?etd=etd-07082008-153843.

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27

Manasse, Brilaine Lisa. "The state’s obligation to realise the socioeconomic rights of vulnerable groups: A case study of children on the Cape Flats". University of the Western Cape, 2019. http://hdl.handle.net/11394/7030.

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Magister Legum - LLM
The Cape Flats is known for poverty, gangsterism, over population and a general lack of basic necessities. What is often overlooked is where this negative perception emanates from. Generational poverty is an existent issue and has been influential in shaping the Cape Flats to what it is today. What this study aims to do, is to provide a background on a possible theory for this typecast that accompanies the areas broadly known as the Cape Flats. The study will show how the Apartheid era created a ripple effect for future generations, and how this may be the cause of these vulnerable groups of children being failed by a system which have long forgotten about them. The study demonstrates how vulnerable groups on the Cape Flats, struggling and pleading for State intervention in the delivery of basic human rights, have fallen on deaf ears. The study further reveals that the State has not fulfilled its constitutional mandate, neither has it lived up to the enabling provisions contained in international instruments which has been adopted by the South African government, and confirms that all three spheres of government have lacked in the accomplishments it set out to achieve upon the adoption of various pieces of legislation, notwithstanding the proclamation of domestic laws to help the State realise its socioeconomic rights obligations. The study was a particularly challenging task to undertake, as research topics on the issue of socioeconomic rights realisation on the Cape Flats is not a well-studied subject. The intention behind the study is to make an important contribution towards awareness of the issue under discussion, paving the way for future knowledge sharing and an open dialogue focusing on the role of the State in the realisation of socioeconomic rights of children on the Cape Flats.

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28

Paniagua, Toni A. Stephens John D. "Burden or resource? the positive impact of immigration on the Italian welfare state /". Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2009. http://dc.lib.unc.edu/u?/etd,2771.

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Thesis (M.A.)--University of North Carolina at Chapel Hill, 2009.
Title from electronic title page (viewed Mar. 10, 2010). "... in partial fulfillment of the requirements for the degree of Master of Arts in the Department Political Science Trans-Atlantic Studies." Discipline: Political Science; Department/School: Political Science.

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29

Boggs, Teresa. "The Effects of Social Validity on East Tennessee State University’s Positive Eating Program". Digital Commons @ East Tennessee State University, 2014. https://dc.etsu.edu/etsu-works/1505.

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30

Baeumler, Jelena. "The legal nature of WTO obligations: bilateral or collective?" Thesis, University of the Western Cape, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4422_1380708069.

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31

Wagner, Sarah Annette. "Perinatal human immunodeficiency screening in Washington State". Online access for everyone, 2006. http://www.dissertations.wsu.edu/Thesis/Spring2006/s%5Fwagner%5F041406.pdf.

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32

Kaf, Yasmine y Norman Nine Karlsson. "Enforcing the European Convention on Human Rights and Fundamental Freedoms through Positive Obligations : A Study of Domestic Violence and Human Trafficking". Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-46129.

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33

Styers, Mary Koenig. "Maintaining a Positive Outlook: Developmental Differences in the Use of Subjective Temporal Distance". NCSU, 2007. http://www.lib.ncsu.edu/theses/available/etd-10242007-181541/.

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Adults? use of subjective temporal distance, defined as a psychological distancing mechanism that allows individuals to maintain positive self-views by perceiving threatening events as being farther away in time and affirming events as being closer in time, has been the subject of extensive research attention in recent years. No research to date, however, has examined how children and adolescents utilize subjective temporal distance. This study investigated the extent to which older elementary and middle school students utilize subjective temporal distance as they remember positive and negative academic experiences. One hundred 4th/5th graders and 90 7th/8th graders provided ratings of their recollections and personal experiences concerning two academic events, receiving a satisfying and a disappointing grade or test score. The participants at both age levels reported that the positive event seemed closer in time than the disappointing event, an effect not explained by the reported actual time since the events. In contrast to expectations, no effects of grade or gender on subjective distance were observed. Further, contrary to prior investigations with adults, there was no relation between global self-worth and subjective distancing. Both the reported emotional intensity of the event and the amount of reported co-rumination with peers influenced subjective distancing. The findings are interpreted as indicating that subjective temporal distance in childhood reflects a different process than the internal, individual coping mechanism observed in adulthood. Further research should examine the role of interactions with adults and peers in children?s use of subjective distancing.

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34

Hameed, Usman. "Mandatory obligations under the international counter-terrorism and organised crime conventions to facilitate state cooperation in law enforcement". Thesis, University of Glasgow, 2014. http://theses.gla.ac.uk/5118/.

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The UN-sponsored international conventions on terrorism and organised crime deal with a specific type of criminality which spreads across national frontiers. The suppression of these crimes is possible through state cooperation in extradition and mutual legal assistance. Hence, the object of these conventions is to facilitate law enforcement cooperation. To achieve this aim, the conventions have established certain mandatory obligations in order to ensure harmony among the legal systems of states parties with a view to make them conducive to law enforcement cooperation. Harmony is needed to satisfy certain requirements of extradition and mutual legal assistance proceedings which necessitate similarity in the legal systems of the requesting and requested states. These requirements can be classified into distinct categories of conditions and procedure. Conditions refer to conditions associated with the principle of reciprocity or exchange of comparable favours, upon which the laws and treaties on extradition and mutual legal assistance are based. It demands similar legal prescriptions or equivalent conceptions of justice under the laws of the requesting and requested state with respect to the act concerning which surrender or interrogation is sought. To enable the parties to satisfy conditions, the international conventions impose mandatory obligations to implement their rules concerning jurisdiction, criminalisation and fair treatment. Procedure implies the procedure of applying or executing the enforcement devices of aut dedere aut judicare and confiscation of the proceeds of crime. The application of both these devices necessitates similarity in the laws of the requesting and requested states with respect to procedure of enforcement. Similarity is needed to ensure that a foreign request may not be refused due to the requested state lacking enabling procedural rules or the request not being consistent with its procedural law. To establish similarity, the conventions impose mandatory obligations to implement the mechanisms of aut dedere aut judicare and confiscation of the proceeds of crimes. This thesis critically examines the impact of these obligations on state cooperation in bringing to justice transnational offenders. The central argument of the thesis is that the mandatory obligations under the counter-terrorism and organised crime conventions are required to be implemented in accordance with and, to the extent permissible, under the national law of state parties. Accordingly, when they are translated domestically, they do not achieve a level of harmony, sufficient to facilitate the fulfilment of the requirements of extradition and mutual legal assistance, i.e. ‘double conditions’ and procedural similarity needed to enforce aut dedere aut judicare and confiscation. Resultantly, discretion rests with the requested state to grant or refuse cooperation depending upon its political and diplomatic relations with the requesting state. This contradicts the objective of facilitating law enforcement cooperation in the specific context of borderless or transnational crimes. Following this approach, state cooperation concerning transnational crimes remains as discretionary and as unregulated as cooperation in regard to ordinary crimes. This calls into question the utility of reliance on mandatory obligations as tools to facilitate law enforcement cooperation. As an alternative, some bilateral/regional treaties and domestic laws adopt the strategy of relaxing ‘double conditions’ and simplifying the procedure of applying aut dedere aut judicare and confiscation. This strategy also aims at facilitating law enforcement cooperation; however, it takes the route of regulating the requirements of extradition and mutual legal assistance rather than harmonising national justice systems to make them conducive to their demands. Given that this system carries greater potential for facilitating law enforcement cooperation, this thesis recommends that the makers of the international counter-terrorism and organised crime conventions should substitute or complement the mandatory obligations with it. Significantly, states have, by agreeing not to apply political and fiscal offence exception to extradition and interrogation proceedings involving these crimes, shown their willingness to accept this approach of facilitating law enforcement cooperation in the specific context of transnational crimes.

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35

Noriega, David Enrique. "Stakeholders' perception of positive change in a state-operated district : the Paterson takeover experience /". Access Digital Full Text version, 1995. http://pocketknowledge.tc.columbia.edu/home.php/bybib/11791998.

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Thesis (Ed.D.)--Teachers College, Columbia University, 1995.
Typescript; issued also on microfilm. Sponsor: Jonathan Hughes. Dissertation Committee: Frank Smith. Includes bibliographical references (leaves 385-399).

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36

Inamoto, Jun-ichi y Junichi Inamoto. "Electrochemical Characterization of Surface-State of Positive Thin-Film Electrodes in Lithium-Ion Batteries". Kyoto University, 2017. http://hdl.handle.net/2433/226784.

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37

Negus, Samuel David. "Render unto Caesar: Sovereignty, the Obligations of Citizenship, and the Diplomatic History of the American Civil War". Digital Archive @ GSU, 2006. http://digitalarchive.gsu.edu/history_theses/5.

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In scholarship on the Civil War there is generally a lack of emphasis placed upon the significance of transatlantic diplomacy. However, much of the literature that is devoted to this subject does little to draw the importance of diplomatic and domestic histories together. This thesis uses British Foreign Office papers to discuss the role of Her majesty’s consuls, and the importance of resident persons of British nativity, especially within the Confederacy, during the war. It argues that the struggle between the Union and the new Confederacy affected diplomatic relations not only in the geo-political sense, but directly and personally through the fate of foreign individuals residing within America. Political theory and the semantics of ideology will be cross-examined against British, Confederate and Union government documents and correspondence in order to develop a deeper understanding of the flexibility and malleability of the concept of sovereignty, and its role in Civil War diplomacy.

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38

Kahssay, Jihan [Verfasser]. "When NGOs Fulfill State Obligations : How NGO Laws in Africa Can Interfere with Social Rights of Beneficaries / Jihan Kahssay". Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://d-nb.info/1212395468/34.

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39

Khalfan, Ashfaq. "State obligations beyond borders relating to economic, social and cultural rights : legal basis, extent and implications for development cooperation". Thesis, University of Oxford, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669753.

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40

Kolliniati, Maria-Artemis [Verfasser]. "Human Rights and Positive Obligations to Healthcare : Reading the European Convention on Human Rights through Joseph Raz's Theory of Rights / Maria-Artemis Kolliniati". Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://d-nb.info/1192102681/34.

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41

Martino, Orsolina I. "The role of biological rhythms and blood glucose levels in maintaining a positive mood state". Thesis, University of Wolverhampton, 2008. http://hdl.handle.net/2436/68593.

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Although the effects of both the menstrual and circadian cycles on mood have been well documented, the question of whether the two interact to influence mood has not yet been addressed, despite evidence for such an interaction on other variables. Blood sugar level is a major contributor to the mediation of mood and is easily regulated by dietary intervention; there is also evidence that it is influenced by both the menstrual and circadian cycles. The present research takes a positive psychological approach to managing mood; the aims were to identify where natural variations in mood occur in relation to its underlying physiology, taking an applied approach to suggest ways of effectively managing positive mood and maintaining psychological well-being. A series of studies was carried out to measure fluctuations in mood in relation to biological rhythms, and in response to cognitively demanding situations and simple interventions. Mood was measured throughout the research using the UWIST Mood Adjective Checklist. The most consistent results were in relation to the Energetic Arousal dimension. This was shown to be influenced by both the menstrual cycle and the time of day, as well as an interaction between these two factors, and was consistently related to changes in blood glucose levels. Energetic Arousal also appeared to be more sensitive to the effectsof the suggested interventions. Diurnal changes in mood throughout the course of a normal day were more evident among women in their premenstrual to menstrual phases, and also become more apparent in response to cognitive tasks. Trait Anxiety was a mediating factor in how individuals reacted to such tasks. Mood was closely related to blood glucose levels, and raising blood glucose to a robust but safe level effectivelyenhanced positive mood in cognitively demanding situations. Oral contraceptives generally tended to eliminate menstrual cycle-related effects on mood and responses to intervention. It was concluded that mood states among healthy women are influenced by a complex interplay between biological rhythms, physiological states, individual differences and the context in which these moods take place. Simple interventions that can easily be incorporated into one’s daily routine may be efficacious in maintaining a positive mood state, which has beneficial implications for psychological well-being.

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42

Sherlock, Olivia. "The effect of a positive mood induction on state paranoia in a nonclinical student sample". Thesis, University of London, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.583316.

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Paranoia has frequently been identified as common and distressing. The current study has two main aims: I) to replicate and extend the experimental paradigm previously found to induce state paranoia in students and 2) to determine whether, once activated, . state paranoia can be effectively alleviated by a mood induction intervention. The paradigm involved participants being exposed to an environment of high self-awareness manipulated by application of video camera and television screen and received failure feedback on their performance of a task. Participants were subsequently randomised to either positive or neutral mood inductions. State paranoia, self-awareness and mood were measured at baseline, post-paranoia induction and post-mood induction. Participants also completed trait measures of self-consciousness, negative other beliefs, depression, anxiety and paranoia. As predicted, the experimental setting was found to induce a significant increase in both state paranoia and self-awareness. The positive mood induction was found to significantly increase state positive mood, but the neutral mood induction was found to reduce positive mood state. State paranoia was found to reduce following both mood inductions. No difference between the mood induction groups was found for state paranoia. Trait paranoia and negative beliefs about others were significantly associated with levels of state paranoia post-paranoia induction. A trend was found between state paranoia and self-consciousness. Results suggest that state paranoia could effectively be alleviated by a mood induction intervention however this was not exclusive to type of mood induced. Both mood inductions seemed to be linked to a significant decrease in state self-awareness which could possibly be linked to the reduction in paranoia. It appears that people with high levels of trait paranoia and 3 negative beliefs about others may be predisposed to experiencing state paranoia in this particular environment. Clinical implications of these findings and possibilities for further research will be discussed. 4

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43

Lor, Hing-hung Louis y 羅慶鴻. "Rethinking the Hong Kong government housing policy: an illusion of a positive non-interventionist state". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2004. http://hub.hku.hk/bib/B45012477.

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44

Leshem, Ela A. "The state as a moral person and the problem of transgenerational binding". Thesis, University of Oxford, 2018. http://ora.ox.ac.uk/objects/uuid:52a5b68f-a55c-41e9-8c31-4cc1285a7c85.

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Modern states are committed to the implicit assumption that one generation has the normative power to bind later generations through laws and contracts. My dissertation explores this assumption through two case studies: constitutions and sovereign debt contracts. I show that in both cases the assumption of transgenerational binding shapes the legal practices and doctrines of modern states. It informs, for instance, the ratification of eternity clauses, the interpretation of constitutions, and the doctrines of sovereign immunity and odious debt. But although these practices of transgenerational binding are prevalent in modern states, they stand in tension, I argue, with the liberal moral commitments of these states. Liberals are committed to moral individualism, according to which only individual human beings (and some nonhuman animals) are moral persons. Moral individualism, I show, is incompatible with the assumption of transgenerational binding and its accompanying practices and doctrines. By contrast, moral statism, according to which states themselves are moral persons, can easily justify those transgenerational practice. But moral statist justifications are illiberal because they assign states intrinsic moral status above and beyond individual human beings. I argue that liberals must engage in revisionism whichever theory of political obligation they pick - whether it is a theory of agreement, restitution, justice, reciprocity, or instrumentalism. If liberals assume moral individualism and combine it with any of these theories, they will be forced either to declare some transgenerational practices and doctrines illegitimate or to revise the justification and scope of transgenerational binding in light of instrumentalism. If liberals choose moral statism, they will be able to justify the transgenerational doctrines and practices of constitutions and sovereign debt contracts - but only at the cost of illiberalism. The dissertation's analysis thus shows that liberals face a trilemma between illegitimacy, instrumentalism, and illiberalism.

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Nazemi, Shahriar. "Revocation of Citizenship in Canada: A Criminological Reading of a Tension Between Rights and Obligations in Conceptions of Citizenship". Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/38999.

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This research explores the political debates surrounding changes in the law regulating citizenship revocation in Canada and how they reflect the tensions in the meaning of citizenship for dual national citizens. Borrowing from citizenship studies and critical criminology, the main argument in this thesis is that Bill C-24 seems to be an attempt on part of the Conservative Party to recalibrate the meaning of citizenship from a more liberal understanding (based on civic rights) to one that is more republican (based on civic duty). This research also demonstrates how this recalibration in the conception of citizenship from a more liberal notion to a more republican one parallels the shift in crime control policies of the state that were geared more toward prioritizing the welfare and equality of all citizens under the law in the 1960s-70s to ones that are presently oriented toward punishment, control and management of “dangerous groups”. The scholarly literature suggests that the modern conception of citizenship tends to draw from the republican and liberal traditions that are complementary but are also in tension, and the recent political discussions surrounding citizenship involves arguing for the best balance between rights and responsibilities of citizens. The analysis of the parliamentary debates surrounding Bill C-24 reveals that, in light of Canada’s current political landscape that is heavily influenced by penal-populist notions of punishing the offender populations and making “responsibilized” citizens, the pendulum of citizenship is generally being tilted toward the republican model (based on restoration of civic duties of citizens to the state and their fellow citizens) more so than the liberal model (based on preserving the welfare, liberty and equality of all citizens under the law).

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46

Arey, George Arthur. "Positive or negative : a study of expectations and experiences of students living in substance-free university housing at Ball State University". Virtual Press, 2002. http://liblink.bsu.edu/uhtbin/catkey/1230608.

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This study was designed to collect data that would provide evidence as to what students' expectations of the environment were along with whether these expectations were actually being experienced by students living in the substance-free environment. A systematic sample of 139 students were surveyed who lived in the Students Uniting to Remain Free (SURF) substance-free living environment at Ball State University during the Fall semester of 2001 academic year. Data collection consisted of a survey instrument that had eight three-part questions, 10 demographic characteristic questions, and six student involvement questions.The data revealed that new and returning students living in the SURF hall were very satisfied with their residential experience. The majority of their expectations matched the majority of their experiences. Statistically significant differences between the expectations of new and returning students existed with the following variables: drinking and using drugs outside of the SURF hall, expecting that they would not have to deal with noise and disruptions caused by alcohol usage, living with students who had similar religious ideals and values, expecting the SURF hall to be a quiet study area and expecting and experiencing wellness and healthy lifestyle programs.The growing interest in substance-free housing environments is an area that many Chief Housing Officers and Student Affairs Administrators may want to consider investing more time researching in addition to allocating additional institutional resources in the creation of increased levels of this living environment option. Current expansion of this lifestyle option on campuses across the nation may dictate that for institutions to stay competitive and to meet the needs of the various populations living on their campuses the offering of this lifestyle option may need to increase. Additional research into the academic benefits and long-term retention benefits may be necessary for the development of new programs.
Department of Educational Leadership

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47

Hayashi, Miyako Jun-ko. "The Effects of Positive Illusions on Perceived Racism". PDXScholar, 1995. https://pdxscholar.library.pdx.edu/open_access_etds/5088.

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This study investigated the effects of selfesteem, controllability, and optimism, the constructs inherent in positive illusions, on perceived racism. The perceived racism scale in this study was found to contain two dimensions, Equal Opportunity (EO) racism and Authority (AUT) racism. Thirty-seven AfricanAmerican, 64 Asian-American and 100 White-American students at Portland States University {101 females, 100 males and mean age of 25 years) served as subjects. The findings revealed that both African- and AsianAmerican students perceived a racist atmosphere from peer students {EO racism) significantly higher than did the White-American students. However, only AfricanAmerican students perceived greater racism from faculty members (AUT racism) than the White-American students. None of the illusions had an effect on perceived EO racism. However, all types of illusions (self-esteem, controllability and optimism) had a significant effect on perceived racism from faculty members {AUT racism). Higher perception of AUT racism was correlated with less self-esteem(~= -.089, R = .12), less controllability(~= -.319, R < .001), and less optimism (~ = -.144, R = .03). The results of this study support empirical evidence showing that the illusions, especially controllability, change individuals in how they perceive racism when the racism is practiced by authorities.

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48

Tonkin, Hannah Jane. "States' international obligations to control private military & security companies in armed conflict". Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:1658758a-481a-4f1c-83c0-2ef269a78778.

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Tens of thousands of contractors work for private military and security companies (PMSCs) in armed conflicts around the world, often hired by states to fulfil functions that were once the exclusive domain of the armed forces. In this context, PMSCs have performed a wide range of activities including offensive combat, prisoner interrogation, military advice and training, armed security, intelligence and logistics. The proliferation of PMSCs during the past two decades has challenged conventional conceptions of the state as the primary holder of coercive power in the international arena. Nonetheless, this Thesis argues that the traditional state-centred frameworks of international law remain vitally relevant to the regulation of private security activity in contemporary armed conflict. Three states are in a strong position to influence PMSCs in this context—the state that hires the PMSC, the state in which the company is based or incorporated, and the state in which the company operates—and this capacity for influence enables international law to regulate PMSC activities indirectly using these states as an intermediary. This Thesis critically analyses the pertinent international obligations on these three categories of states and identifies the circumstances in which PMSC misconduct may give rise to state responsibility in each case. It also examines the recent practice of certain key states in order to evaluate their compliance with these obligations. By providing a clear and in-depth analysis of states' international obligations to control PMSCs in armed conflict, this Thesis may not only facilitate the assessment of state responsibility in cases of PMSC misconduct; it may also play an important prospective role in setting standards of conduct for states in relation to the private security industry. This in turn may encourage and assist states to develop their domestic laws and policies in order to improve overall PMSC compliance with international law.

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49

McAninch, Cecile Burford. "Effects of Mood State on Memory for Positive, Negative, Neutral, and Humorous Phrases in College Students". W&M ScholarWorks, 1989. https://scholarworks.wm.edu/etd/1539625558.

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Le, Bonniec Nina. "La procéduralisation des droits substantiels par la Cour européenne des droits de l'homme : Réflexion sur le contrôle juridictionnel du respect des droits garantis par la Convention européenne des droits de l'homme". Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD013.

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La procéduralisation des droits substantiels est un phénomène désormais incontournable du système conventionnel qui ne cesse de se développer et de s’étendre. Néologisme d’origine doctrinale, cette notion semble pourtant difficilement saisissable. La procéduralisation des droits substantiels appelle en ce sens différentes interrogations liées tant à sa définition qu’à sesimplications pour le mécanisme conventionnel. Que désigne cette notion complexe et hétérogène ? Comment le juge a-t-il réussi à la mettre en place alors que ce procédé était initialement totalement absent du texte de la Convention ? À quoi est-elle destinée ? L’hypothèse retenue est que la procéduralisation des droits substantiels est une technique juridique spécifique au sein du mécanisme conventionnel, qui permet au juge d’atteindre une meilleure effectivité des droits. Toutefois, loin d’être limitée à ce seul cadre, la procéduralisation s’avère inscrite au contraire dans une dimension beaucoup plus vaste touchant à des aspects institutionnels en étant au service de la réalisation d’un projet politique particulier
The “procéduralisation” - or procedural processing - of substantial rights has become an unavoidable phenomenon in the conventional system and it keeps growing and spreading. Originally a doctrinal concept, this neologism seems somehow hard to grasp. The “procéduralisation” of substantial rights raises many questions about both its definition and implications for the conventional process. What is this complex and heterogeneous notion refering to ? How did the judge succeed to establish it, whereas this process was initially totally ignored by the European Convention ? What is it intended for ? We argue that the “procéduralisation” of substantial rights is a specific legal technique in the European case law, which enables the judge to achieve a better effectiveness for the rights. Nevertheless, the “procéduralisation” is not bounded inside this framework, but has proven on the contrary to fit into a much wider dimension related to institutional questions, being dedicated to the fulfilment of a specific political project

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Tesis sobre el tema "Positive Obligations of a State"

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