Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 26 for “"Law of nations."”.
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The common law of nations : the ius gentium in the political thought of Francisco Suárez, S.J.
… preserved and refined the classical notion of ius gentium for modernity. According to Suárez, the law of nations consisted in mutually recognized norms that govern international conduct in war and peace, bearing legal status as customary standards. As such, the ius gentium offered a tenable …
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Non-Consensual Secession and The Law of Nations: The Contested Legal Scholarship on the Law of Self-Determination, Recognition and Statehood in International Law
The conventional legal scholarship on the law of self-determination, recognition and statehood in international law makes five arguments. First, although the concept of statehood has not been satisfactorily defined, statehood has been governed by international law in several key aspects. Second, …
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The Effect of Power and Colonialism on Religion and Secularization: Expanding Taylor's A Secular Age
… reveals connections between the process of Euro-Western secularization and its roots in the universalizing project of Christianity. This work asserts that religion, a term often identified with Christianity, developed in conjunction with secularization and concludes that these theoretical …
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Peacekeepers as enforcers? A legal analysis of the attribution of enforcement powers to UN peacekeeping operations in the new millennium
… actions must be preserved so that the efficacy of peacekeeping will not be imperilled. It is submitted that the primary strength of peacekeeping has long been that it was not in the nature of enforcement. Whereas an enforcement operation is forceful, partial and imposed on a state against its …
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The impact of the World Trade Organisation on the formulation of the antimonopoly law of the People's Republic of China
China became a member of the World Trade Organisation (WTO) in December 2001. This historical event has impact on both China and the WTO. As an observer noted, ‘The WTO will change China, but China will also change the WTO’. This thesis is an example how the WTO will change China. It examines the …
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Examining the ICC's impact on the rule of law in Côte d'Ivoire and Libya: catalysts, multi-level judicial dialogue and local ownership in prosecuting and judging international crimes
This research consists of an empirically informed analysis of the ICC’s impact on the rule of law in Côte d’Ivoire and Libya through the lens of admissibility and co-operation. It first asks how the principle of complementarity has been construed and implemented in practice and considers what this …
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The UN Principles and Guidelines on Reparation: is there an Enforceable Right to Reparation for Victims of Human Rights and International Humanitarian Law Violations?
… evaluates the international legal standing of the right to a remedy and reparation contained in the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of Human Rights and Serious Violations of International Humanitarian Law. It focuses …
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Blue Gold – The Utilisation of the Nubian Sandstone Aquifer System in Light of Islamic Norms and its Impact on the Emerging Law of Transboundary Fossil Aquifers
The Nubian Sandstone Aquifer System is one of the world’s largest transboundary fossil aquifers and stretches underneath the territories of the North African States of Egypt, Libya, Sudan and Chad. All four States have strong Islamic cultural backgrounds, and Egypt, Libya and Sudan have enshrined …
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The Judicial control of mandates and its contrbution to the theory and practice of the mandate system with special reference to south-west africa(namibia)
… into three Parts. Part I traces the evolution of the idea of international mandate up to the time when the Mandate System was established. A brief survey is made at the outset of legal relations prevailing between Christian and non-Christian States of the pre-World War One era with special …
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Changing Conceptions of Geopolitical Success: The Treaty of Paris as a Watershed in Anglo-French Understandings of the International System
… explores the differences between the Treaty of Paris in 1763 and previous international settlements, arguing that they are due to changes in the understanding of the international order. By looking at the decline in religious language, concern over the welfare of those impacted by the war, an …
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The East African community‘s maritime domain: an innovative institutional framework
… out in its 1999 founding Treaty, Article 5(2), of political union. In that regard, it differs profoundly from other supra-national organisations, which are analysed for comparison. The research uses a combination of qualitative and quantitative approaches and a case study technique to obtain …
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The projected Arab Court of Justice: a study to its draft statute and rules, with specific reference to the International Court of Justice and principles of Islamic Shariah
… thesis deals with the projected Arab Court of Justice (ACJ) as a regional court, expected to be created within the League of Arab States system. Chapter one deals mainly with the basic structure of the League of Arab States itself, its membership, its organs, the settlement of disputes, and …
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Study on Establishing a Financial Consumer Alternative Dispute Resolution Scheme in China
… These functions may balance the imbalance of power between financial firms and consumers and increase confidence on Chinese financial service market. For the second research question, the thesis argues that the government or regulators may impose such new financial consumer ADR scheme …
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Conflict of Laws in E-Commerce in the UAE and the Prospect for Harmonization among Gulf Cooperation Council Member States
… Arab Emirates (UAE), and across member states of the Gulf Cooperation Council (GCC), requires development in the areas of determining the judicial jurisdiction and the law applicable to those transactions. Following analyses focusing on the provisions of the UAE and GCC member states for …
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The Social and Environmental Responsibilities of EU Multinational Corporations in Saudi Arabia: A Critique of the Saudi National Law and a Proposal for a New Legislative Framework
… the social and environmental responsibilities of EU multinational corporations (MNCs) in Saudi Arabia. It found that such corporations do not have enough social and environmental responsibilities when they operate in Saudi Arabia. It argues that as Saudi Arabia seeks economic growth, the Saudi …
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Freedom of Association as a Foundation for Trade Union Rights: a Comparison of EU and ECHR Standards
The title of this thesis is Freedom of Association and Trade Union Rights in Europe, Comparative Analysis of the ECJ and ECtHR Case Law. There are several issues that the thesis will try to shed light on. Firstly, it will identify what level of freedom of association as a trade union right is …
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International law of the sea and national legislation on piracy and terrorism in the straits of Malacca: a study in law and policy
The issue of piracy and maritime terrorism becomes complicated when it is discussed in relation to the rights of the coastal states regarding the right of passage in straits used for international navigation. One of the issues in this respect is the conflicting interests of littoral states that …
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The Residents of the British East India Company at Indian royal courts, c. 1798-1818
Generations of historians have looked to Bengal, Bombay, and Madras to detect the emergence of the legal and administrative mechanisms that would underpin Britain’s nineteenth-century empire. Yet this focus on ‘British’ India overshadows the very different history of nearly half the Indian …
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UN Security Council Resolution 1373: the substantive basis for a developing legal framework for the prevention and suppression of acts of terrorism
The original contribution of this thesis is to argue that UN Security Council Resolution 1373 has formed the basis for a developing legal framework for the preventing and suppression of acts of terrorism. The absence of a single definition of the term “terrorism” led to 12 separate UN …
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