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 7 of 7 for “"Opinio juris"”.
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The contribution of customary international law to the development of international crimes: the role of international courts and tribunals
… justifying the presence of State practice and opinio juris. Like other scholars, the thesis notices inconsistent methodologies of the custom identification process. Methodologies are diverse and highly influenced by several external variables. However, unlike others, the thesis does not …
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Two or more wrongs make a right? – The evolution of the customary right of self-defence in the post 9/11 era, and the effect of ‘unlawful' state behaviour on the formation of custom on the right of self-defence against non-state actors
… approaches to the elements of state practice and opinio juris. I then analyse the widely held view in the scholarship that the customary right to self-defence has not changed. As I identify weaknesses of such examinations of the customary right of self-defence, this thesis examines an alternative …
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The legal development of R2P within the norm life cycle based on actual state practice
… customary international law, state practice and opinio juris of countries from every region representative of the different positions on R2P are included within the study to provide an overall overview of this development. The definition of R2P will be compared to the relevant state practice and …
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1977 protocol II additional to the 1949 Geneva Conventions and customary international law
… international law based on State practice and opinio furls applies to such circumstances. The purpose of this thesis is therefore to ascertain the customary status of Protocol II.This thesis first examines whether customary rules had existed before the introduction of the 1949 Geneva …
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Civilinės atsakomybės už žalą, padarytą fizinio asmens sveikatai, taikymas teismų praktikoje /
… by the author on that taken by courts and the opinio juris. The key function of civil liability is to compensate, meaning, that individual liable for damage, shall be obliged to compensate the same so that the injured party take the position he / she enjoyed prior to the damage incurred (Latin, …
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Principles Matter: Humanitarian Assistance to Civilians under IHL
… examining the evolution of State practice and opinio juris, provides a comprehensive analysis of the legal regime applicable to the provision of relief to civilians in armed conflict and the different categories of actors involved in it, identifying answers offered by international law …
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Exploring the differences and similarities in sexual violence as forms of genocide and crimes against humanity
… Akayesu was the first of its kind to give jurisprudential recognition and interpretation to sexual violence as war crimes, crimes against humanity and genocide respectively. This case was important for the following reasons:1. It acknowledged that sexual violence can amount to an act of …