Thèses : « International law and relations. Necessity (International law) »

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Viergutz, Micheline. « What Are the Conditions Necessary to Promote the Ideal Relationship Amongst Petro State, State Oil Company and International Oil Company ? » Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/336.

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An analysis of the historical relationship between the petrostate, state oil company and international oil company in the context of the resource nationalism phenomenon and its consequences to the existing contractual frameworks . Negotiating techniques and contractual stabilizing mechanisms are explored in order to identify the main parameters and conditions necessary to optimize the interaction between these key players in the international oil industry. Quantitative and qualitative aspects of the contracts are identified in order to recommend new paradigms for a more harmonic future in the oil industry.

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Manton, Ryan. « Necessity in international law ». Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:0ee2dd8e-6eac-4364-b538-21ae5eb932a2.

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This thesis examines the role of necessity, as a defence to State responsibility, in international law. Necessity provides a State with a defence to the responsibility that would otherwise arise from its breach of an international obligation where the only way that State can safeguard an essential interest from a grave and imminent peril is to breach an obligation owed to a less imperilled State. It is a defence that has generated a considerable body of jurisprudence in recent years and yet it continues to be plagued by a perception that States have abused it in the past and by fears that States will abuse it in the future - 'necessity', declared the German Chancellor on the eve of World War I, 'knows no law'. This thesis contends that this perception is flawed and these fears are unfounded. The main claim of this thesis is that necessity operates as a safety valve within the law of State responsibility that mediates between the binding quality of international obligations and the harsh consequences that may follow from requiring compliance with those obligations at all costs. This safety valve promotes the reasonable application of international law and it recognises that international law must sometimes bend so that it does not break. The thesis bears out this claim by contending that necessity has a stronger pedigree than is commonly appreciated and that it is solidly grounded in, and its contours are constrained by, customary international law. It charts those contours by first examining the scope of the obligations to which necessity may provide a defence, which includes examining how necessity relates to fields of law that contain their own safety valves regulating emergency situations. It then proceeds to examine the conditions that a State must satisfy in order to establish necessity and it finally examines the consequences of necessity, including for the stability of international law. The thesis concludes that any suggestion that 'necessity knows no law' has no place in international law today.

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Ismailov, Otabek. « The Necessity Defense in International Investment Law ». Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/35860.

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More than fifty investor-state arbitration claims have been filed by foreign investors against the Republic of Argentina due to the country's adoption of measures to mitigate the consequences of a severe financial crisis that struck the country in the early 2000s. Argentina invoked the Non-Precluded Measures (NPM) clause in the U.S.-Argentina Bilateral Investment Treaty (BIT) and the necessity defence in customary international law as its defense in these arbitrations. As a result of taking divergent approaches to interpreting the NPM clause in the U.S.-Argentina BIT, the tribunals reached inconsistent decisions on Argentina’s liability for damages incurred by foreign investors, which intensified the legitimacy crisis in the investment arbitration regime. Consequently, the tribunals’ approaches to interpreting the nexus requirement of the treaty NPM clause (the "necessary for" term) caused a fierce academic debate among scholars. This thesis studies the issues related to the inconsistent interpretation of treaty NPM clauses and the customary necessity defense in the investment arbitration regime. It presents a detailed examination of the necessity defense in customary international law and treaty NPM clauses through the lens of regime theory. By applying relevant concepts of regime theory, such as regime formation, regime attributes, regime consequences and regime dynamics, this work explores the origins and evolution of the necessity doctrine, and provides a comparative analysis of the attributes, structural elements and the consequences of invoking the customary necessity defense and treaty NPM clauses. This thesis analyses the interpretative issues in the Argentine cases, and based on the dynamics of developments in the practice of states, it arrives at concrete proposals that will contribute to the coherent practice of investment arbitration tribunals in interpreting treaty NPM clauses. By applying the concept of interaction of regimes, this thesis provides a comparative analysis of tests suggested by scholars for interpreting Article XI of the U.S.-Argentina BIT. It examines whether the interpretative testsmargin of appreciation, proportionality and less restrictive meansused by dispute settlement bodies in other specialized treaty regimes have the potential to serve as an optimal standard for interpreting Article XI. This work explains the contents of these tests and inquires as to the advantages and criticisms related to their application in the investment arbitration regime. This thesis further advances the argument that the interpretation of treaty NPM clauses (Article XI of the U.S.-Argentina BIT) should be performed with strict adherence to the general rules of interpretation as established under Article 31 of the Vienna Convention on the Law of Treaties (VCLT). Specifically, it argues that in cases when tribunals fail to define the meaning of a treaty provision under Article 31 (1) and (2) of VCLT, they should not look for guidance from other specialized treaty regimes, but rather, must have recourse to general international law, specifically, customary rules of international law. As a methodology for performing this interpretation, this thesis proposes to apply a systemic integration approach through operationalizing Article 31(3)(c) of VCLT. Furthermore, this thesis advances the argument that the interpretation of the only means requirement of the customary necessity defense (Article 25 of Articles on the Responsibility of States) does not accurately reflect the contemporary customary rules on necessity. Thus, by applying the concept of regime dynamics, it proposes to reconceptualise the interpretation of the only means requirement through incorporating the elements of a more progressive version, which is found in the international trade regime. Unlike the scholars who rejected the application of the customary necessity elements, and proposed the direct importation of the LRM test from the international trade regime to interpret Article XI, this thesis proposes a different approach to taking advantage of the WTO jurisprudence. Specifically, it argues that WTO jurisprudence can be incorporated into the investment regime indirectly by serving as a source from which we can identify the development of state practice in examining the "only means" nature of state measures adopted in emergency (necessity) circumstances. It is contended that such state practice represents a more progressive and practical approach to interpreting the only means requirement of customary necessity defense, and thus, should be incorporated into the interpretation practice of investment arbitral tribunals.

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Owuor, Elijah Medego. « Theory of international law basic human rights conception of the international law / ». restricted, 2008. http://etd.gsu.edu/theses/available/etd-05192008-125514/.

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Thesis (B.A. Honors)--Georgia State University, 2008.
Title from file title page. Robert Sattelmeyer, Andrew Jason Cohen, committee members. Electronic text (34 p.) : digital, PDF file. Description based on contents viewed October 26, 2008. Includes bibliographical references (p. 34).

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Ochse, Aaron Richard. « Targeted Killing, Drones and International Law| How U.S. Practice is Shaping International Law ». Thesis, The George Washington University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1556566.

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Since 2002, the United States has been conducting drone strikes as an integral part of its war on terror against al Qaeda. This paper discusses the evolution of that practice and considers the legal implications of the targeted killing of alleged members of al Qaeda and its affiliate organizations in non-battlefield situations. It argues that the U.S. is negatively influencing international law at a time when the law is unsettled with regard to non-battlefield targeting of members of armed opposition groups. Further, some of the strikes conducted by the U.S. violate the principles of distinction, proportionality and military necessity. The paper suggests that the U.S. should alter its course of actions, support a more restrained view of the boundaries of targeted killing, and limit any targeted killings to high-level members of terrorist organizations.

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Pompongsuk, Prasert. « International aircraft leasing : impact on international air law treaties ». Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20544.

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Aircraft leasing is a method of fleet acquisition. It was known to none at the outset of the air traffic era; as a result, international air law treaties were not formulated upon the concept that realized the practices as such. The moment international aircraft leasing materialized, many regimes of international air law became unsuited to the situation.
On the one hand, public international air law treaties have faced the problems ranging from safety oversight responsibilities and aircraft accident investigation to airport charges and criminal jurisdiction.
On the other hand, private international air law treaties have faced the problems ranging from applicability of the 1952 Rome Convention and preferential rights under the 1948 Geneva Convention to aircraft engine leasing and the idiosyncrasy of leasing transactions.
This study is not aimed at scrutinizing leasing transactions but at examining the aforementioned difficulties, especially the issues of public international air law.

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Edelman, Ross David. « Cyberattacks in international relations ». Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:e1d71a7a-7680-4f97-b98d-a41a4b484fda.

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New methods of conflict and coercion can prompt tectonic shifts in the international system, reconfiguring power, institutions, and norms of state behavior. Cyberattacks, coercive acts that disrupt or destroy the digital infrastructure on which states increasingly rely, have the potential to be such a tool — but only if put into practice. This study examines which forces in the international system might restrain state use of cyberattacks, even when they are militarily advantageous. To do so I place this novel technology in the context of existing international regimes, employing an analogical approach that identifies the salient aspects of cyberattacks, and compares them to prior weapons and tactics that share those attributes. Specifically, this study considers three possible restraints on state behavior: rationalist deterrence, the jus ad bellum regime governing the resort to force, and incompatibility with the jus in bello canon of law defining just conduct in war. First, I demonstrate that cyberattacks frustrate conventional deterrence models, and invite, instead, a novel form of proto-competition I call ‘structural deterrence.’ Recognizing that states have not yet grounded their sweeping claims about the acceptability of cyberattacks in any formal analysis, I consider evidence from other prohibited uses of force or types of weaponry to defining whether cyberattacks are ‘legal’ in peacetime or ‘usable’ in wartime. Whereas previous studies of cyberattacks have focused primarily on policy guidance for a single state or limited analysis of the letter of international law, this study explicitly relates international law to state decision-making and precedent. It draws together previously disparate literature across strategic studies, international law, and diplomatic history to offer conclusions applicable beyond any single technology, and of increasing importance as states’ dependence on technology grows.

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Byers, Michael. « Custom, power and the power of rules international relations and customary international law / ». Cambridge : Cambridge University Press, 1999. http://www.ebrary.com/.

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Fortin, Pierre 1960. « Artificial space debris and international law ». Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59927.

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In just three decades of human exploration and utilization of outer space, an unwanted legacy of thousands of artificial space debris has been left behind.
The purpose of this thesis is to analyse the appropriate technical aspects of the artificial space debris issue and to explore the legal ramifications of the question.
The first chapter is devoted to the technical aspects and covers topics such as the origins and location of artificial space debris, the hazards they constitute, the anticipated damage that might be caused by such debris and the likelihood of its occurrence.
In the second chapter, the legal aspects are explored by first looking at space law generally. A brief historical perspective of space law as well as the role of the United Nations in the making of space law is offered. Space law as it relates to the space debris issue is then analysed by first trying to define terms such as "space object", "component parts" and "space debris". Particular emphasis is then placed on issues like jurisdiction and control over space debris, international responsibility for space debris, their identification and, finally, liability for damage caused by space debris.

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O'Meara, Christopher. « Necessity and proportionality and the right of self-defence in international law ». Thesis, University College London (University of London), 2018. http://discovery.ucl.ac.uk/10057299/.

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When states use force extraterritorially, they invariably claim a right of self-defence. They also accept that its exercise is conditioned by the customary international law requirements of necessity and proportionality. To date, these requirements have received little attention. They are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement transforms lawful acts of self-defence into unlawful uses of force, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This thesis addresses this fact. It examines the conceptual meaning, content and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter. It provides a coherent and up-to-date description of the lex lata and an analytical framework to guide its operation and appraisal. It does this by undertaking the first comprehensive review of relevant jurisprudence, academic commentary and state practice from 1945 to date. Although the operation of necessity and proportionality is highly contextual, the result is a more determinate elaboration of international law that bridges theory and practice. This greater normative clarity strengthens the law's potential to exert a pull towards compliance. Necessity determines whether defensive force may be used to respond to an armed attack, and where it must be directed. Proportionality governs how much total force is permissible. This thesis contends that the two requirements are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of (il)legality. It also argues that necessity and proportionality must apply on an ongoing basis, throughout the duration of an armed conflict prompted by self-defence. This ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and international peace and security.

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Shackelford, Scott. « Governing the global commons in international law and relations ». Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610271.

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Bayram, Ayten Burcu. « How International Law Obligates : International Identity, Legal Obligation, and Compliance in World Politics ». The Ohio State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=osu1313423254.

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Ferrier, Jill. « The development of international space law : international cooperation in Outer Space - meeting the needs of the developing countries ». Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23438.

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This Thesis aims to examine recent efforts of the developing countries, within the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), to increase their participation in space activities and in particular, to develop their own indigenous space capabilities. The Thesis will demonstrate that the United Nations is not, given the present economic and political climate, the best forum within which the developing countries should try to develop space law.
Chapter 1 examines the main problems facing the developing countries in the transfer of space technology from the technologically advanced states. Chapter 2 examines the legal basis of their claims for greater cooperation. Chapter 3 examines the present debate within COPUOS where the developing countries are attempting to further develop international space law to their advantage. Chapter 4 suggests alternative routes which should be considered by the developing countries in order to work towards greater cooperation which will meet their needs.

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Weiß, Norman. « Kazuko Hirose Kawaguchi : A Social Theory of International Law, International Relations asa Complex System (International Law i n Japanese Perspective, Band 10) / [rezensiert von] Norman Weiß ». Universität Potsdam, 2004. http://opus.kobv.de/ubp/volltexte/2011/5581/.

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rezensiertes Werk: Kawaguchi, Kazuko Hirose: A Social Theory of International Law, International Relations asa Complex System (International Law in Japanese Perspective, Band 10). Leiden/Boston : Martinus Nijhoff Publishers, 2003. - 316 S. ISBN: 90-411-2158-7

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Burzo, Stefano. « On the relevance of international law, theories of international relations and the Crimean case ». Thesis, University of British Columbia, 2015. http://hdl.handle.net/2429/55166.

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The Russian Federation claims the 2014 Crimea reunification is legal. Ukraine, together with NATO countries and others, deems the annexation illegal. Both states agree on most of the facts, with a few significant exceptions, and both states argue their case in terms of international law, on which they both generally agree. Hence, what is the point of international law? Does it have a discernible and independent effect on international politics? If so, is it in principle possible to observe it? This work attempts to be an analysis of these questions in the reunification/annexation of Crimea by Russia of 2014, to see whether an answer can in fact be given. The aim is to address the position of the Russian legal arguments within current international law, together with its implications for two of the currently most credited theories of international politics.
Arts, Faculty of
Political Science, Department of
Graduate

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Polydorou, Stavros. « The role of international juridical process in international security and civil-military relations ». Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2002. http://library.nps.navy.mil/uhtbin/hyperion-image/02Dec%5FPolydorou.pdf.

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Thesis (M.A. in International Security and Civil-Military Relations)--Naval Postgraduate School, December 2002.
Thesis advisor(s): James Holmes Armstead, Thomas Bruneau. Includes bibliographical references (p. 129-134). Also available online.

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Jaeger, Kurt. « Lawful measures of retaliation in international air law ». Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59404.

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Unilateral remedies such as non-forcible reprisals, counter-measures and sanctions remain prevalent means of enforcement in international aviation relations. They are largely unregulated by international treaty law. The Tribunal in the Franco-American Air Services Arbitration of 1978, however, demonstrated that general international law has developed certain restrictions on the use of unilateral counter-measures. The emergence of new principles is also evident in the draft of the International Law Commission on State responsibility.
In an effort to combat unlawful interference with international civil aviation, an increasing number of States have expressed their willingness to take concerted counter-measures against offending States. ICAO is the logical forum for discussion and resolution of aviation matters of world-wide concern and should, therefore, act as a fact-finding body and/or dispute settlor in cases of controversy. States should also be more willing to resort to arbitration as provided for in their aviation agreements and should address explicitly the problem of enforcement when negotiating future air law treaties.

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Huang, Chu Cheng 1964. « Airline labour law : a study of certain labour law rules in international air transport ». Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34739.

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This thesis examines problems related to particular labor laws currently applied in international air transport. This analysis is framed within the context of scholarly theory and judicial practice arising from various regimes of labor law governing industrial injury, the individual contract of employment, labor-management relations, and fair treatment in the civil aviation industry.
A critical survey of labor regulations operating in the international air transport industry is provided through commentary on the principles formulated by judicial decisions and the theories which underlie their reasoning, helping to clarify both substantive and procedural labor laws affecting international air transport.
A critical analysis of different categories of statutory labor law governing international air transport is also provided to assess the validity of commonly-erected conflict of labor law rules, thereby revealing the inadequacy of the single rule principle in view of the unique and perplexing regulatory interests which are inherent in aviation activity. The divergence between domestic labor statutes and Treaties of Friendship, Commerce and Navigation or bilateral air transport agreements also adds a more subtle aspect to the problems explored.

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Gebhard, Julia [Verfasser]. « Necessity or Nuisance ? : Recourse to Human Rights in Substantive International Criminal Law / Julia Gebhard ». Baden-Baden : Nomos Verlagsgesellschaft mbH & ; Co. KG, 2018. http://d-nb.info/1160311854/34.

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Lieflaender, Thomas Reinhard. « Towards unity ? : the concepts of necessity and proportionality in exception clauses across international law ». Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:1fea847c-dfd2-4e73-82b9-a32a6f201782.

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Exception clauses in treaties and their analogues in subfields of customary international law (such as the law on state responsibility) allow states to unilaterally 'derogate' from otherwise binding rules of international law, typically under the condition that the derogating action is necessary and proportionate. While necessity and proportionality thus undoubtedly play a central role in exception clauses, they have been curiously understudied and remain startlingly unclear; international courts have struggled to interpret necessity/proportionality. In addition, despite the wide-spread inclusion of necessity/proportionality in exception clauses across international law, comparative studies across contexts are exceedingly rare. This thesis studies the concepts of necessity and proportionality enshrined in exception clauses across a variety of treaties and subfields of international law â specifically, the law on state responsibility, the law on self-defence, and the general exception clauses in WTO law -, and in particular how they are applied and reviewed by international courts. The thesis explores the concepts of necessity and proportionality in general, clarifies how they are applied in the context of the surveyed rules, and reveals the degree to which necessity/proportionality overlap across the different contexts, demonstrating the existence of a unified core. It argues further that this unified core can be utilised to facilitate cross-interpretation between different contexts, which offers an original strategy to overcome some hitherto unresolved difficulties with respect to the interpretation of necessity/proportionality in exception clauses. The thesis is divided into two parts. Part I (chapters I-III) analyses and compares the concepts of necessity/proportionality as well as how compliance therewith is reviewed by international courts across the surveyed rules. Part II (chapter IV) explores cross-interpretation of necessity/proportionality across contexts with reference to its unified core content.

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Kardon, Isaac Benjamin. « Rising power, creeping jurisdiction| china's law of the sea ». Thesis, Cornell University, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10253226.

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This study explores the relationship between the People?s Republic of China (PRC) and the international legal system, with empirical focus on the exclusive economic zone (EEZ) regime as codified in the 1982 Third United Nations Convention on the Law of the Sea. The main pattern explained is China?s practice of international law in its maritime disputes, moving beyond a question of ?compliance? with the relevant rules to instead address how China shapes the underlying legal norms, and vice versa. The analysis demonstrates that the EEZ regime transforms Chinese interests in maritime space, enabling systematic use of legal means of excluding others from disputed space along China?s maritime periphery. Backed up by growing capacity (i.e., ?rising power?) to enforce its claims, China?s purposive interpretation and flexible application of the norms of the EEZ regime manifest as ?creeping? claims to jurisdiction and rights beyond those contemplated in UNCLOS III. These nominally jurisdictional claims enable the PRC?s push toward closure, a broader strategic aim to control vital maritime space that includes political, military and economic components. Using a framework adapted from the transnational legal process theory of international law, the study proceeds to analyze Chinese practice in terms of four linked processes: interaction, interpretation, internalization, and implementation. Tracing these processes from China?s early encounters with Western international law, through its participation in the conference to draft the law of the sea convention, and the subsequent efforts to incorporate EEZ rules into PRC law and policy, the empirical analysis reveals that China?s engagement in transnational legal processes does not result in its obedience to liberal rules and norms. Rather, China?s practice in the EEZ transforms the scope and content of those underlying norms, contributing to wider dysfunction in the law of the sea.

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

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

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Zapata, Lugo Jose Vicente. « Sustainable development : a role for international environmental law ». Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26232.

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This study portrays the vital role that sustainable development has in environmental protection. It is argued that, due to an unnecessary polarization of efforts, the success of sustainable development has been rather limited. Thus, after surveying the tension between the ecological, economic development and ethical dimensions of the concept, the author demonstrates the balancing role that international environmental law can have. Two hypotheses, the hypothesis of "concavity" and that of "convexity", are presented to contribute to a more appropriate understanding of the concept. A survey of international environmental agreements and instruments is undertaken in order to present sustainable development as a field in itself.
It is further argued that sustainable development has not succeeded in enhancing environmental protection because of the erroneous efforts made to reduce it from a field of international environmental law to a norm of international environmental law. States, communities and individuals should be more concerned with developing new and firm principles in the field of sustainable development. These principles would eventually become the new norms of international and national law and thus, the cornerstone of an era of environmental protection that does not impinge upon the development that humankind is dependent upon.

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Thachet, John Thomas. « Limitation of liability in international air transport ». Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22704.

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The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted when aviation was in its developing stage. In order to protect this infant industry, the Convention limited the liability of the air carrier in international air transportation to certain specified amounts. As time went by the Warsaw Convention was amended by several instruments. The end result is that there are several instruments to regulate the liability of air carriers engaged in international air transportation and most of these instruments provide only limited recovery to passengers. Often, passengers try to break the limits prescribed by the Convention alleging willful misconduct on the part of the carrier, his servants or agents or by bringing suits against potentially liable third parties like the aircraft manufacturer or by proving that the documents of carriage were faulty. In the mean time, Italy and Japan took matters into their own hands and raised the limits unilaterally. While Italy raised the limits to 100,000 SDR, Japan waived entirely the Warsaw systems limits of liability.
In this thesis, the development of air law till the adoption of the Warsaw Convention and the various amendments carried out to the Convention over the years will be discussed in the first two chapters. The third chapter mainly concentrates on the rationales for ratifying the Guatemala City Protocol through Montreal Protocol No. 3. While arriving at a conclusion as to why the Montreal Protocols have to be ratified for the successful unification of air carriers liability in international air transport, the Italian and Japanese "solutions" will be evaluated and conclude why those solutions are to be rejected outright. (Abstract shortened by UMI.)

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Chen, Shang-chih. « Between negotiation and confrontation understanding China's Taiwan policy redirections in the 1990s / ». Related electronic resource : Current Research at SU : database of SU dissertations, recent titles available full text, 2006. http://proquest.umi.com/login?COPT=REJTPTU0NWQmSU5UPTAmVkVSPTI=&clientId=3739.

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Eliasson, Johan Leif. « European Union defense integration and the effects on militarily non-allied member states the cases of Finland and Sweden / ». Related electronic resource : Current Research at SU : database of SU dissertations, recent titles available full text, 2005. http://proquest.umi.com/login?COPT=REJTPTU0NWQmSU5UPTAmVkVSPTI=&clientId=3739.

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

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

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Sebhatleab, Natan. « The Eritrean-Ethiopian Conflict : A Theoretical Analysis ». Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1704.

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This paper examines the Eritrean-Ethiopian border conflict as a modern case study concerning the shortcomings of international law. It examines the history between the two countries and how the conflict emerged despite strong social and cultural ties between the two. After a 30-year long war where Eritrea gained its independence, a brief period of peace was overcome by war and tension. A United Nations (UN) commission tasked with distributing the disputed lands to its rightful owner ruled that the lands belonged to Eritrea and the UN Security Council (UNSC) agreed to enforce this ruling. Ethiopia re-occupied it and the UNSC has yet to act. This essay looks at a range of international legal theories and tries to explain this case using these concepts. These include realism, neo-realism, liberalism, constructivism, and critical legal studies. This paper concludes neo-realism and critical legal studies accurately depict the events. This paper looks at the shared characteristics between these two theories and what they tell us about the status of international law. These findings indicate imbalanced power structures and a world where the powerful can impose their will on the weak with little ramifications.

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Islami, Someʾa Reza. « The need and prospects for an international criminal court ». Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26204.

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The various forms and manifestations of international and transnational criminality require a comprehensive approach by the international community from which effective strategies of prevention, control, and suppression can follow. This thesis argues that the establishment of an ICC in the 1990s, especially due to the end of the Cold War and recent wars in the Persian Gulf and in Bosnia and Herzegovina, would provide an effective means of dealing with international and transnational criminality, and, without deflecting domestic concentration on law enforcement, would be a complementary and incremental effort, which would enhance overall criminal justice enforcement. This study analyzes past efforts to establish an ICC, discusses arguments for and against the creation of an ICC, and addresses several questions concerning the implementation of the court, including questions related to state sovereignty and jurisdictional bases for an ICC, crimes within the court's jurisdiction, applicable substantive and procedural law, and practical concerns relating to the court's structure, composition, and facilities. Although an ICC admittedly would not be a perfect solution to problems of international criminality, the thesis advances the view that it must not be approached with a negative attitude, but rather with a view towards making more effective the benefits such a court would provide.

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Vülundardóttir, Kristín. « Liability in international air transport : (an Icelandic perspective) ». Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26228.

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At present there are several instruments that regulate air carrier's liability in international transportation. These international treaties are collectively known as the Warsaw System. Unfortunately, not all States are parties to the same instruments.
In this thesis, four possibilities will be introduced for amendment of the System. These possibilities are as follows: ratification of the Guatemala City Protocol through the Montreal Protocol No. 3, an international treaty instrument, meant to update and amend the whole Warsaw System; the Italian solution, a national "remedy" taken without international consultations; the Japanese action, Japanese air carriers have waived entirely the Warsaw System's limits of liability; and finally, a recommendation to the EC Commission on a regional remedy in the form of a multilateral agreement where carriers raise the liability limits but otherwise the Warsaw provisions apply.
Each possibility will be thoroughly examined in order to determine whether it is the best solution to the present crisis that the System is facing. At the end of this thesis one solution will be recommended for Iceland and other States to update the System. Other solutions are available but will not be discussed since they are not considered desirable for the aim of unification of air carrier's liability in international air carriage. What must be kept in mind when the four possibilities are being examined is that the aim of this thesis is to find a solution that unifies the air carrier liability regime and sometimes, in order to reach a uniform solution, a compromise must be reached. (Abstract shortened by UMI.)

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Hessler, Kristen M. « A theory of interpretation for international human rights law ». Diss., The University of Arizona, 2001. http://hdl.handle.net/10150/279864.

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A complete theory of interpretation for human rights law must answer two kinds of questions. First: Who should interpret international human rights law? Second: What principles should guide the interpretation of human rights law? Individual governments frequently claim the right to interpret international law as it applies to them, but this claim is contested by many United Nations subgroups and by nongovernmental organizations like Amnesty International. I argue that international institutions are more likely to give a fair hearing to people's human rights than are their own governments. Accordingly, we can conclude as a general rule that international institutions should be assigned authority to interpret international human rights law. The general rule has an exception, however. Democratic states that protect basic freedoms of speech and assembly will promote and protect their own citizens' human rights better than undemocratic states. Moreover, free democratic states, by giving a voice to all citizens, can take advantage of local knowledge about particular human rights problems and solutions, and so are more likely than international institutions to interpret human rights law with a sensitivity to the human rights of all citizens and to the locally important human rights issues. Therefore, unlike other states, liberal democratic states should have the authority to interpret international human rights law as it applies within their borders. What principles should guide the interpretation of human rights law? The answer depends on whether we take a short- or long-term perspective. Currently, the institutions of international law are relatively ineffective when compared to most domestic legal systems. While this remains the case, a principle allowing interpreters to use their judgment about moral human rights in interpreting human rights law can be justified on the basis of the contribution this would make to global deliberation about the proper understanding of moral human rights. As human rights law develops more effective, less voluntaristic institutions, this principle of interpretation should be phased out.

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Scarfi, Juan Pablo. « International law and pan-Americanism in the Americas, 1890-1942 ». Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648513.

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Stappert, Nora. « International courts and legal innovation : the politics and practices of interpretation in international criminal law ». Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:fc01d1e2-806d-48b3-88fe-88fd710426e1.

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In international criminal law (ICL), legal meaning has been developed substantially through the judgments of international courts. Compared to some of their prosecutorial decisions, however, the way in which international judges have interpreted legal provisions has remained relatively uncontested. This study uses practice theory as a particularly fruitful lens through which to study the politics of legal interpretation. It analyses the conditions under which the creation of a comparatively uncontested judicial space became possible as an interplay between political commitments and the professional assumptions of ICL experts. The study argues that international criminal courts - unlike hybrid courts - have been accorded a particularly high degree of interpretive authority through what will be called the 'practice of privileged precedent'. It traces how this interpretive practice has been shared across institutional settings within a broader interpretive community, including by government officials and civil society representatives. Through this research, this thesis emphasises the relevance of legal interpretation for IR's understanding of international law and international courts. Drawing on legal theory, it also addresses one of the key challenges of IR's practice turn: its capacity to account for the creative potential of international practices. Methodologically, the thesis combines qualitative and quantitative forms of content analysis, elite interviews, and legal interpretive methods. It is based on an examination of over 100 judgments of international and hybrid criminal courts interpreting the crime of genocide and the law of war crimes, including judicial decisions delivered by the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the Special Court for Sierra Leone (SCSL). This analysis is supplemented by 28 elite interviews with judges and legal experts at international criminal courts, staff at civil society organisations, and government officials working for the British and German foreign offices.

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Andersen, Lars. « Stowage of goods in international Maritime transport ». Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22689.

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The paper presents and discusses the carrier's stowage duties under the Hague and Hague/Visby Rules and contrasts them with similar duties created in the Hamburg Rules. Particular attention is paid to stowage responsibilities in relation to the carriage of dangerous goods. A subsidiary examination considers the extent to which international stowage regulations adopted to protect safety and the environment may affect what constitutes proper stowage under the contract of carriage.

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Sinopoli, Anthony F. « Cyberwar and International Law : An English School Perspective ». Scholar Commons, 2012. http://scholarcommons.usf.edu/etd/4404.

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Cyberwar challenges future endeavors of state security. As technological capability has improved, and access to information has become more widespread the importance of the issue in today's ever-globalizing world grows each day. A primary objective is to evaluate the place of cyber-warfare against nation-states and any repercussions under an international law paradigm. Utilizing an English School perspective, emphasis will be applied to the argument that disruptive circumstances could come to fruition if international conventions are not created to bring consensus and order among nation-states on this subject. This study hypothesizes that a future application could be an agreement under international law, beyond current regional cooperative initiatives. Since cyber-related attack is a relatively new development, the issue lacks adequate historical context. In addition, since state behavior is a major contributor to the interpretation of international law, the matter is in need of a clear delineation of the norms that define the phenomena and what acceptable responses might entail. Case study analysis will highlight recent examples of state behavior and cyber-related attacks and sabotages.

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Durand, Claudie Jennifer. « Aircraft accident investigation : the need for a stronger international regime ». Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69749.

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The purpose of this paper is to examine the international regime governing aircraft accident investigation while focusing on its various shortcomings and weaknesses.
Weakened by the international legal nature of the Chicago Convention and by limitations voluntarily inflicted by its authors, Article 26 of the Convention and Annex 13 are unable to offer aircraft accident investigation a sufficient basis for a reliable and unified legal regime.
Consequently, the questions pertaining to accident investigation are regulated by the various domestic laws, which leads to unavoidable conflicts of interests and tends to ruin the effort of co-operation.
Although envisaged under a bilateral or regional form, a global approach to safety of civil aviation should be favoured to solve these conflicts and strengthen the current legal regime. Such international co-operation seems to stand better chances of achievement within the International Civil Aviation Organisation.

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Ushioda, Setsuko. « Satellite-based multilateral arms control verification schemes and international law ». Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=41194.

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Verification of compliance has been and will continue to be an essential component of arms control and disarmament agreements. Following a brief historical survey of verification, this study examines in detail verification provisions in all major multilateral and bilateral disarmament agreements, in force and in the drafting stage, from the perspective of monitoring compliance by satellites. The feasibility of verification from space is examined from technical and legal points of view. Important differences are noted between bilateral and multilateral agreements in terms of verification requirements. The effectiveness of, as well as confidence in, the verification process, it is suggested, will be significantly enhanced if the monitoring is carried out by an organization in which all contracting states have a say in the planning and conduct of monitoring and participate in decision-making. This study analyzes various official and private recommendations for the establishment of such an organization, with special emphasis on the proposed International Satellite Monitoring Agency (ISMA) whose constitution, structure and functions are set out in a comprehensive report prepared by a United Nations group of experts. The ISMA could play, in the opinion of the author, an important auxiliary role in monitoring compliance with many existing disarmament agreements as well as with those currently in the drafting phase.

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Chaves, Olarte Georgina Ines. « International regulation of Caribbean textile and apparel trade ». Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69750.

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In the last five years, textiles and apparel have represented the largest source of growth of U.S. imports from countries covered by the Caribbean Basin Initiative. The economic importance of this sector to the Caribbean countries gave rise to this study which discusses the international regulation of textile and apparel trade and the possible effects of the Uruguay Round of Multilateral Trade Negotiations and the North American Free Trade Agreement on the Caribbean textile and apparel industry. This analysis takes into account not only the legal mechanisms developed to control trade in this sector, but also the underlining powers that have allowed the shaping of the current textile and apparel order. Special emphasis is placed on U.S. trade policies toward the Caribbean Region which have played a significant role in the present development of the Caribbean apparel industry.

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Lowe, Sabine. « Responsibility and liability in general public international law and in the law of outer space ». Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60670.

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Just as the actions of individuals often conflict with the legally protected interests of others, States may embark on activities which jeopardize the integrity of other States' rights. The new relationship evolving between the risk-creators and the potential victims is governed by social responsibilities as well as rules of law.
In the first part of the thesis, the concept of responsibility for internationally wrongful acts is contrasted with that of liability sine delicto. The examination seeks to define the principles upon which each is based and to determine the respective legal significance, scope and applicability. The analysis of both concepts is guided and influenced by the work of the International Law Commission.
The second part focusses on the law of outer space. A scrutiny of the relevant norms reveals which stage of development this fairly new subdivision of international law has reached with regard to responsibility and liability.

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Harris, Steven M. « Between Law and Diplomacy| International Dispute Resolution in the Long Nineteenth Century ». Thesis, University of California, Davis, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3723630.

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From late in the eighteenth century through World War I, states increasingly resolved their differences through arbitration; entering into over 1000 agreements to address past controversies and provide for future disputes. Rather than relying entirely on traditional diplomatic methods, states responded to the practical needs of an increasingly complex, commercial, and bureaucratic world. They used mechanisms with some legalistic components; although these procedures remained under political control. Arbitration never prevented a war; the efforts of the Anglo-American peace movement, later augmented by continental activities and the rise of the international legal community, had but small and indirect effects. While appearing responsive to the new influence of public opinion, states only made agreements to arbitrate that were highly controlled and which typically encompassed only relationships and parties for whom war was already quite unlikely. Western powers also extensively used arbitral agreements to resolve and protect their imperial interests, both formal and informal.

The traditional historiography of this field has been skewed by its emergence out of that peace movement, with its millennial, liberal, Eurocentric, and juridical biases. As a result, the significance of the Vienna settlements in launching the modern arbitral process has been overlooked, the Jay Treaty and the "Alabama Claims" case have been mythologized, the distinctive role of Latin American states has been sidelined, and the meaning of the Hague Conferences has been misunderstood.

States are political animals and their "states' system" was effective in using arbitration as a shared tool while preserving their essential political discretion and managing their domestic and international publics.

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Corbetta, Renato. « State partisan interventions in international conflicts ». Diss., The University of Arizona, 2004. http://hdl.handle.net/10150/280684.

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The dissertation explores the phenomenon of joining behavior--non-neutral interventions by third party states in interstate conflicts. The opportunity and willingness theoretical framework (Most and Starr 1989) is used to develop a model of third party intervention that integrates simultaneously intervention decision, alignment choices, and selection of specific intervention techniques. Within the general model of third party intervention, two models of third party's preference formation--a rational choice and a homophily-based model--are compared. The models are empirically tested with newly collected data on interventions in interstate disputes for the 1946-2001 period. The data expand current knowledge on third states' activities by including information on non-military--diplomatic and economic--intervention techniques. Opportunity factors are found to predict effectively third parties' intervention; while willingness shapes alignment decisions and selection of intervention techniques. Strategic and homophily-based similarities with the state supported in a conflict and dissimilarities with the state being antagonized are found to matter equally in shaping third parties' decisions. Methodologically, this study addresses a variety of selection issues present in current research on joining behavior. Theoretically, it speaks to a variety of international relations issues, such as balance-of-power and bandwagoning, spatial diffusion of conflict, foreign policy substitutability and decision-making, and alliance formation and reliability.

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Nuñez-Mietz, Fernando Gabriel. « Lawyering Compliance with International Law : Legal Advisors and the Legalization of International Politics ». The Ohio State University, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=osu1370528559.

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Beattie, Amanda Russell. « Obligations of love : international political thought & ; the tradition of natural law ». Thesis, St Andrews, 2008. http://hdl.handle.net/10023/536.

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Hartwig, Jason. « Flexibility, fluidity, and flux : the complex dynamics of international politics / ». view abstract or download file of text, 2007. http://proquest.umi.com/pqdweb?did=1404353641&sid=1&Fmt=2&clientId=11238&RQT=309&VName=PQD.

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Thesis (Ph. D.)--University of Oregon, 2007.
Typescript. Includes vita and abstract. Includes bibliographical references (leaves 276-365). Also available for download via the World Wide Web; free to University of Oregon users.

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Spradling, Kevin K. « Military use of the international space station ». Thesis, McGill University, 1988. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61962.

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

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

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Wallentine, Kevin. « In Pursuit of Justice : Strengthening the International Criminal Court ». Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/448.

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Current opinion pieces ask broad questions such as "Is the ICC worth it" while only focusing on a specific aspect of the ICC such as its budget or the work of the Office of the Prosecutor. Given the incredibly complex nature of human rights violations as well as the difficulty in assembling an international regime to deal with them, answering such questions requires a more complete analysis of the Court's functions, dynamics, and predecessors. The background chapter that discussed trends in international judicial organizations leading up to the creation of the ICC examined the Nuremberg International Military Tribunal, the interregnum national commissions, the Spanish Universal Jurisdiction system, the International Criminal Tribunal for the Former Yugoslavia, and the Inter-American Court of Human Rights, addressing key pitfalls that such organizations faced (including victors' justice and unilateralism) while noting how the ICC's policies and structure differed from its predecessors'. The dynamics chapter highlighted eight key elements currently affecting how the Court works– the member states who have ratified the Rome Statute, the Court's ability to apprehend criminals, the international response to ICC actions, how prosecutions may be initiated, the explicit and implicit functions of the Court, its consensus policymaking, the Court's budget and finances, and the role of the United States. With these dynamics in mind, the policy alternatives chapter recommended three actions that could serve to strengthen the ICC's capabilities – increasing its member states, increasing compliance with its warrants through different types of international agreements, and increasing its budget to be able to handle more cases. Following these policy alternatives to their likely outcomes in the policy forecast section, I analyzed how they would affect the ICC's effectiveness, its ability to gain more member states, and the member states themselves. Through this more comprehensive analysis that takes into account the external and internal factors affecting the ICC, this thesis offers realistic ways that the ICC can improve its capabilities and achieve its mission of ending impunity for war criminals.

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Bowman, Megan. « Our tangled web : international relations theory, international environmental law, and global biodiversity protection in a post-modern epoch of interdependence ». Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78204.

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The global crisis of biodiversity depletion sets the stage for a necessary re-definition of State self-interest in the international milieu. That re-definition is effected by a changing perception of 'self'; one that occurs through the mental lens of interdependence and long-term vision. This thesis attempts to challenge conventional precepts and present a submission for change by drawing upon constructivist thought, which asserts that current perceptions are socially constructed and rooted in "collective intentionality", such that what has been human-made can be altered by the same processes through which it came into existence. In so doing, the author employs the notions of international ethics as a shared belief and international law as an ideational instrument to facilitate that change in favor of international cooperation toward the necessary amelioration of global biodiversity diminution in order to assure our future.

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Alen, Balde. « Private antitrust law enforcement in cases with international elements ». Thesis, University of Glasgow, 2016. http://theses.gla.ac.uk/7060/.

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The Supreme Court of the United States consented in its Empagran decision that the foreign antitrust injury that is in a dependency relationship with anticompetitive effects (antitrust injury) in the U.S. is to be litigated before the U.S. courts. Since this decision antitrust law litigation in an international context does not depend merely on anticompetitive effects in the U.S., but also on the relationship between anticompetitive effect and (foreign) private antitrust injury. This is something that was not present in pre-Empagran cases. The Supreme Court did not provide conditions on the basis of which the relationship between anticompetitive effects and private antitrust injury could be classified as one of dependency. This means that the Supreme Court left the determination of these conditions to lower U.S. courts. The lower U.S. courts, instead of attempting to determine these conditions, have made foreign private antitrust injury even more difficult to litigate before the U.S. courts. There are three factors that contributed to this development in U.S. case law: the understanding of the Empagran litigation; the understanding of the nature of the international context, and U.S. courts taking a pro-active role in delivering their decisions for which the reasoning is difficult to understand. The greatest obstacle that post-Empagran U.S. courts have placed in front of private antitrust litigants is the requirement that instead of ‘dependency connection’ there should be ‘direct causation’ between anticompetitive effects in the U.S. and litigated (foreign) private antitrust injury. This thesis considers the existing theoretical and practical problems of the current analytical framework under which antitrust violation is analysed in an international context. The thesis introduces the new legal concept of a ‘transborder standard’. This is necessitated by the starting position of this thesis that a factual situation under adjudication cannot be only either ‘domestic’ or ‘foreign’, but can also be ‘transborder’. The introduction of the transborder standard to the existing theoretical framework enables (and requires) the analysis of the factual situation under adjudication in its integrity, bearing in mind also the purpose of private antitrust law enforcement and the right of private parties to be compensated for suffered antitrust injury. The transborder standard provides a framework to analyse antitrust claims brought before the U.S. courts by those private parties who satisfy their private antitrust injury outside the U.S. At the same time, the transborder standard does not enable private litigants to take advantage of simultaneous antitrust litigation before U.S. courts and the courts of non-U.S. countries. ‘Transborder standard’ is a new legal concept. Nevertheless, the existing system of U.S. antitrust law enforcement does support it and, consequently, the transborder standard can be directly applied.

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SOUZA, IGOR ABDALLA MEDINA DE. « DOM QUIXOTE MEETS SANCHO PANÇA : INTERNATIONAL RELATIONS AND INTERNATIONAL LAW BEFORE, DURING AND AFTER THE COLD WAR ». PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2005. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=7184@1.

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COORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR
Dom Quixote reencontra Sancho Pança realiza uma análise em perspectiva histórica da relação entre as disciplinas acadêmicas de Relações Internacionais e do Direito Internacional, com o intuito de estudar a reaproximação entre as mesmas após a Guerra Fria. A análise em perspectiva histórica destina-se a evitar que o debate interdisciplinar pós-Guerra Fria seja mero subproduto das concepções convencionalmente associadas à historiografia de Relações Internacionais, particularmente da divisão da literatura da disciplina entre realistas e idealistas. Nesse sentido, argumenta-se que, antes da reaproximação entre as disciplinas de Relações Internacionais e do Direito Internacional, observou-se um momento inicial de proximidade, que se estenderia desde a criação das duas disciplinas, no final do século XIX e início do século XX, até o colapso da Liga das Nações e a eclosão da Segunda Grande Guerra, seguido de um período de afastamento, após o término deste conflito e o início da Guerra Fria. O estudo do debate interdisciplinar pós-Guerra Fria que se segue à análise em perspectiva histórica é feito com base em três teorias construídas a partir da colaboração entre juristas internacionais e teóricos da política internacional: o institucionalismo, o liberalismo e o construtivismo. Argumenta-se que, devido às suas conexões com a Teoria Crítica, o construtivismo possibilita estudos interdisciplinares mais profundos e profícuos.
This dissertation deals with post-Cold War interdisciplinary debate between International Relations and International Law. Having considered that some conventional conceptions held in the field of International Relations are responsible for misunderstandings in respect with the relation of this discipline and International Law, we are first concerned with the historical perspective. Then, we focus post-Cold War interdisciplinary debate through the lenses of three distinct theories, Institutionalism, Liberalism and Constructivism. Finally, we argue that Constructivism is more able to develop a deeper cooperation between International Relations and International law. This is due to the connections between Constructivism and Critical Theory.

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Thèses sur le sujet « International law and relations. Necessity (International law) »

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