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 61 for “"Legal order"”.
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Compensation in a Changing International Legal Order
As is well known, there remain legal and practical obstacles to access to justice for individuals in international law. In the case of mass harms, however, this dissertation demonstrates a new legal sensibility that amounts to an emerging law of international compensation (ELIC), where legal …
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Revisiting Judicial Activism. Pros and Cons of Judicial Lawmaking in the EU Legal Order
… how these doctrines shaped the constitutional order of the Union with the help of the preliminary ruling procedure. This thesis also examines the Court’s methods of interpretation, to see if its teleological interpretation can be justified based on the goals of the Treaty and the required …
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Reforming the United Nations Security Council: Making it more Democratic in the Post-Westphalian Legal Order
… issues, refugee flows and mass migration across borders, the rapid spread of infectious diseases, civil war that threatens international peace and security, global terrorism, transnational crime and illegal stocks of nuclear, biological and chemical weapons. The Security Council has thus become …
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On the Interpretation and Application of the Essence of Rights in the EU Legal Order: Limits and Limitations
… nature, application, and implications of this legal concept remain underdeveloped in the case law and underexplored in the literature, however. This is curious given the potentially significant impact of the concept of essence on the protection of fundamental rights under EU law and the growing …
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Chapter 19 of the NAFTA and the Mexican juicio de amparo : When international law collides with the Mexican legal order.
… of Chapter 19 of the NAFTA on the Mexican legal order and more particularly on the constitutional remedy of the juicio de amparo. The thesis deals with four main issues: (1) a study of the specific elements of the domestic judicial review process in antidumping and countervailing duty cases …
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The Constitutional Court of a More Mature Legal Order: Constitutional Review by the Court of Justice of the European Union
… actor that is responsive to the wider legal and political context in which it now operates. These developments give rise to a reconsideration of exiting accounts which depict the CJEU as an “activist” or unwaveringly “pro-integrationist” institution. When viewed from the largely …
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The Myth of Paradise: A Reappraisal of Commonwealth Caribbean States' Sovereignty and Development Sustainability within the Transnational Anti-Money Laundering and Counter-Terrorist Financing Legal Order
… and surveillance within the transnational legal order for combating money laundering and the financing of terrorism and proliferation (TAMLO). Adopting a Constructivist epistemological lens, the study historicises and deconstructs these hegemonic discursive practices since the 1980s. It …
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The recognition and enforcement of foreign arbitral awards in Saudi Arabia : an examination of the function of article (V) of the 1958 New York Convention in the Saudi legal order
[From the introduction:] This thesis argues that Art. V (2) (b) of the NYC, which states that recognition and enforcement may be refused by a competent authority if enforcement of the awards would be contrary to the public policy of the country in question, will mean that any foreign awards …
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A critical consideration of Hans Kelsen's pure theory of law with particular reference to his concepts of legal norm and basic norm: towards an understanding of the problematic of legal order
This study aims at distinguishing the subjective and objective aspects of Kelsen's concept.
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Public policy as a functional concept in the WTO: the utility for developing nations as illustrated by Saudi Arabia’s accession
… or "overriding principles" as it exists in three legal orders; the European Union, the Common Law of England and Wales, and the World Trade Organisation by conducting a comparative documentary analysis of the development and application of "overriding principles" in each legal order and the …
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The Principle of Sincere Cooperation in EU External Relations Law
… compliance with those agreements within the EU legal order. In this way, the thesis will consider how the external dimension of the principle influences the EU’s action on the international plane and the relationship between international and European law within the EU legal order.
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The UN Convention on the rights of persons with disabilities: New challenges for EU equality law and governance
… with Disabilities (CRPD hereinafter) on the EU legal order and governance. To this end, it will focus on three different dimensions: international human rights law, EU law and domestic law.
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Perking-up EU actorness through sustainability in foreign direct investments.
In the constantly metamorphosing EU legal order, the law of foreign direct investment has evolved from a scattered and limited implied power to an exclusive competence, expressly provided for in the Treaty. International investment law for its part has endured in the last years great criticism due …
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Racialized Reality: Crime News and Racial Stereotype Framing
… for shaping public consciousness surrounding legal order, social morality, and threats present in their citizens communities. This research explores how news media influences negative attitudes towards criminal justice reform and Black identity. Utilizing Framing Theory, this study focuses on …
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Kaleidoscopic Law: A Legal Ecology of the Climate Crisis
… cities” and TCKNs co-assemble an experimentalist legal order nominally constructed to discipline emissions, recursively intersecting with supranational, international and national legal orders. The wicked problem of climate crisis means cities must adapt to several exigencies simultaneously. …
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The Law of International Trade: copyright law related aspects of the use of the internet from a German perspective in comparison to South African Legislation and jurisdiction
… as it could be observed many times before, legal developments find it difficult to hold pace with the technical development. That is especially true in regard to copyright law and the use of the Internet. Although computer programs and their specific requirements are now renown …
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Citizen UK 2000 and the European Convention for the promotion and protection of Human Rights and fundamental freedoms
… Freedoms(1) has influenced the political and legal order of England and Wales.(2) Analysis is explored along a number of lines of investigation. A review of the influence of the ECHR on the constitutional order of the UK is prefaced by analysis of its early influence on the order of the …
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Can the European Union build a bridge over troubled waters? An analysis of the politicised and depoliticised legal approach between the European Union and Cyprus
… to catalyse reunification and terminate the legal, political and economic isolation of the Turkish Cypriot community. So the question is; why is it that the powerful legal order of the EU continuously fails to tame the tiny troublesome island of Cyprus? This is a thesis on the …
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Power-Conferring Norms and Law's Normative Guidance
… social character of normative facts in the legal domain implies that a legal order is the consequence of a complex interaction of reciprocal forces between norms and human activities. This thesis argues against the prevailing view that characterizes law’s normative significance as giving …
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Acting in Conscience A Natural Law Based Approach to Freedom of Conscience
… that governments need to maintain and enact the legal order necessary for a society.
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