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 50 for “"Public International Law"”.
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Revisiting the Theoretical Foundations of International Organisations in Public International Law
… in order to advance a refined conception of international organizations in public international law. It suggests that current efforts to theorize international organizations face severe limitations in formulating a convincing legal theory of these institutions and their legal personality. As …
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Transnational Due Process and Article V(1)(b) of the New York Convention: Grounding Interpretation and Application of the Due Process Defence in the Public International Law Framework for Treaty Interpretation
… set out in the Vienna Convention on the Law of Treaties (VCLT) and, more specifically, by recourse to the general principle of audiatur et altera pars and subsequent practice of State Parties to the New York Convention. This interpretative approach ensures that due process under the New …
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The developing regime of the high seas in the context of exercise of jurisdiction over foreign ships
This dissertation deals with the public international law aspect of the developing regime of the high seas in the context of jurisdiction over foreign ships and it confines itself primarily to the jurisdictional issues.
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The Use of Force by Non-State Actors on the High Seas: Public and Private Responses
… a unique opportunity to test the bounds of international law. The phenomenon was new. Until that point shipowners had been reticent to carry weapons or engage the services of those carrying weapons. The legal and practical risks of such carriage or engagement outweighed the potential …
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The 1998 SADC intervention in Lesotho: international law perspectives
… with against the background of contemporary public international law. During the East - West cold war and in the light of progressing decolonialization the world community became more and more sensitive about cross-border political influence and military action.
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The Principles of Territoriality - A Study in Public and Private International Law, Intellectual Property, and International Arbitration
… acknowledged concept in various areas of the law. Yet, there is not one, but several principles of territoriality. Not only does territoriality have different meanings in different disciplines, but it is sometimes understood differently within each discipline as well. This thesis aims to lift …
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LA RISOLUZIONE DEI CONFLITTI TRA TRATTATI: METODI TRADIZIONALI ALLA PROVA DEI REGIMI AUTONOMI
… contradictions between autonomous regimes of international law. The analysis starts from the observation that, with the expansion and specialization of international law, traditional types of conflict between conventional provisions have been replaced by a new type of treaty antinomy: between …
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Municipal law responses to the threat of international terrorism
… to address is "how does South African municipal law respond to the public international law prohibition on international terrorism?." The international legal frame work countering the threat posed by international terrorism is not adequate as a result of the lack of a universally accepted …
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The Legality of Border Walls under International Law
… evaluates the legality of border walls under public international law, focusing on four legal regimes: international refugee law, international human rights law, international indigenous law, and international environmental law. For illustration, the thesis assesses the compatibility of wall …
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The legality of 'war' in Al-Shari'a Al-Islamiya (the Islamic Law) and contemporary international law
… study in Al-Shari'a Al-Islamiya (The Islamic Law) and contemporary international law on the subject of the legality of `lq War. It must be pointed out at the outset that the term `lq War is not the precise term to apply to the subject of this thesis, and we often put this term between …
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Private International Law Aspects of Freezing Injunctions
… these concerns are exacerbated by the current international scope of freezing injunctions due to the insufficient regard for the principles of public international law. The encroachment on the jurisdiction of foreign states undermines equipage equality by enabling claimants to make multiple …
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Guarantees of Non-Repetition and the Right to Health: Review of the Law and Evolving Practice of Judicial and Semi-Judicial Bodies at Global and Regional Levels
… concept of guarantees of non-repetition (GNR) in international law and to consider how to apply GNR in violations of the right to health. GNR are, together with compensation, restitution and satisfaction, forms of reparation. Although international tribunals and UN bodies have increasingly made …
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The Protection of the Environment in Occupied Territory under International Humanitarian Law, International Human Rights Law and International Environmental Law
… armed conflict is now widely acknowledged. International law has established various treaties that address the relationship between military activities and environmental damage during active hostilities, providing protection in such situations. However, the effectiveness of public …
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Corporate misconduct, human rights, and the challenges of extraterritorial solutions
… both in terms of their legitimacy under public international law and because there are a number of objections to their use that go beyond their technical legality. Concerns include intrusion into the exclusive jurisdiction of the host state to control this litigation or to determine and …
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The precautionary principle in environmental law governing the offshore oil and gas exploitation industry
… paper considers the major legal instruments of public international law, the regional law of the North East Atlantic area and UK national law which govern the environmental effects of the offshore oil and gas industry. There are two components of this paper. The first is a review to determine if …
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From Persecution to Detention: A reflection on the non-application of Article 31(1) of the 1951 Refugee Convention on asylum seekers in Zambia
Despite Zambia's ratification of several of international and regional human rights instruments, the country's domestic legislation frustrates its international obligations in so far as protection of asylum seekers human rights is concerned. Principally there are two main pieces of legislation …
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Undocumented and Invisible: Are SADC Member States Implementing the Rights to Birth Registration and Nationality for Migrant Children?
… SADC member states is examined within both the international and regional legal contexts. International human rights treaties go a long way in providing rights to birth registration and nationality, but the scope of these rights is not infinite. International law takes a strong stance on birth …
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‘The role of the United Nations Security Council in addressing the challenges brought by Climate Change'
… of lives. The phenomenon occurs in an area of international law where there is an urgent need for international co-operation in order to solve the problem. It is a global problem that needs a global solution. Since treaty-based collaborations, aimed at battling the consequences of climate …
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The plight of victims of wrongful acts committed by international organisations: a light at the end of the tunnel?
The activities and the level of influence of International Organisations (IOs) have grown extensively in recent years. This has resulted in IOs having a greater impact, both positively and negatively, on the lives of individuals. In as far as the negative impact is concerned, it is a well …
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