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.
Results
Showing 1 to 20 of 31 for “"customary international law"”.
-
1977 protocol II additional to the 1949 Geneva Conventions and customary international law
Traditionally the laws of war, or widely known as international humanitarian law today, in principle did not cover civil wars but only wars between States. The Geneva Conventions were adopted in 1949 to increase the protection of victims in armed conflicts, but the protection of the victims in …
-
The contribution of customary international law to the development of international crimes: the role of international courts and tribunals
The development of international crimes rightly touches the statement, ‘desperate ills need desperate medicines’, made by Mr C.B. Burdekin, a representative from New Zealand, during the thirty-sixth meeting of the United Nations War Crimes Commission on 17 October 1944. The thesis is intrigued by …
-
'A Reasonably Well Organized Modern State': Investment Treaty Arbitration and the Reformation of Economic Sovereignty in Customary International Law
The international arbitration of investment treaty disputes between foreign nationals and their host States is commonly supposed to restrict the exercise of sovereignty. Yet several expressions of territorial jurisdiction have been identified by investment tribunals as presumptive rights of States, …
-
Does international law proscribe coups d'état? Africa's role in the development of the proscription
… condemnation brings to the fore, questions as to international law's position on coups d'état. In light of International law placing a high premium on the doctrine of national sovereignty, it is tempting to conclude that coups d'état are beyond the scope of international law thus not being …
-
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
… of self-defence against a non-state actor in customary international law. More and more states used force against non-state actors while claiming their right of self-defence in the post-9/11 era. Situations such as the US fight against the Taliban in Afghanistan, Russian attacks on Chechen …
-
The development of international investment law : lessons from the OECD MAI negotiations and their application to a possible multilateral agreement on investment
<p>This dissertation analyses developments in the international regulation of foreign direct investment (FDI). The international legal framework of investment encompasses numerous binding or non-binding legal instruments, including customary international law, bilateral investment treaties, and …
-
The application of equitable and reasonable utilisation to transboundary water resources disputes: lessons from international practice
… than one country are complex systems governed by customary international law embodied in a rule known as equitable and reasonable utilisation, a recent development in international law not yet been applied by an international tribunal to resolve a dispute or to allocate transboundary water …
-
Mekong agreement and its implications for China
… hydropolitics it focuses on an analysis of the international law and China's state practice, aimed at identifying the rules of customary international law in the utilization and protection of international watercourses. China's attitude towards them is explored with evidence from statements made …
-
Suffering and sovereignty: civil conflict, convert aid and international humanitarian law
… legal treaties and recent developments in customary international law. The reason for doing so is to explore the impact which such aid has on the concept of state sovereignty and how this concept is undergoing change due to the increasing involvement of the international community through …
-
Blockade Law in the Contemporary Context: the Russia-Ukraine conflict and Broader Trends (TPC)
The dissertation draws primarily on customary international law to conclude that Russia has not undertaken a maritime blockade of Ukraine in the conflict but instead declared a form of maritime zone. The analysis finds that despite the absence of a maritime blockade, the conflict is illustrative of …
-
Governance of Offshore Freshwater Resources
… regimes are relevant: the UN Convention on the Law of the Sea, customary practices for offshore hydrocarbon development, and customary international law for land-based freshwater. All of these regimes have obligations to protect the environment and to cooperate with neighboring states, and all …
-
The human right to resist in international and constitutional law
… the extent of its recognition in contemporary international and constitutional law. It addresses the question of why and how the ‘right to resist’ can be conceptualized as an enforceable ‘human right’, and whether as such it can be positivized in law through codification and other recognition. …
-
The Admissibility of Extrinsic Evidence in the Interpretation of Double Tax Conventions - A South African Perspective
… provided for under the Vienna Convention on the Law of Treaties. Thereafter, the South African domestic approach to interpretation and the principles regulating the admission of extrinsic evidence is considered. A particular focus is placed on the parol evidence rule as applied by South African …
-
State creation: the legitimacy of unilateral secession and recognition in international law
… as sovereign States by claiming statehood in international law. These developments have a significant measure in many respects of international law notions of self-determination, secession, recognition and de-colonisation. A State remains a primary subject of international law. Despite the …
-
Blockade Law in the Contemporary Context: the Russia-Ukraine conflict and Broader Trends
This dissertation considers the contemporary law of maritime blockade, focusing on the example of the international armed conflict between Russia and Ukraine which has taken place since 24 February 2022 and considering the effectiveness of the law on blockade in light of contemporary trends. The …
-
The legal development of R2P within the norm life cycle based on actual state practice
… to Protect (R2P) was presented to the international community as a solution to redress the failings of the current legal framework. It was unanimously adopted in 2005 as part of the World Summit Outcome Document (Outcome Document) within paragraphs 138, 139 and 140.1 For the purpose of …
-
Consistency in the International Law of Maritime Delimitation - Towards a Set of Common Principles for the Judicial Establishment of Maritime Boundaries
This thesis examines the process applied by international tribunals for delimiting Exclusive Economic Zone (EEZ) and continental shelf boundaries under international law. Maritime delimitation is governed by articles 74 and 83 of the 1982 UN Convention on the Law of the Sea (UNCLOS), which are …
-
Humanitarian intervention: legality, legitimacy and the search for solutions
… is a widely contested area in contemporary international law. It is a discussion that cuts across law, morality and foreign policy. Humanitarian intervention brings to the fore the contention between the principles of sovereignty and political independence on one hand and human rights and …
-
Self-determination of peoples in the context of supranational governance
… of public life and has also left its mark on international law. The increasing number of supranational organisations being established and their increasing significance as actors that shape international and regional law is proof of this phenomenon. At the same time, self-determination of …
-
Beneficial use, sustaining rivers and good governance: at the interface of international and national water law - the case of South Africa as a riparian state
… legal and policy environment as represented by international law, regional and basin agreeements and national water laws, together with an awareness of the political and developmental context of the states involved. The aim of this study is to develop and test a generic analytical framework …
Page 1 of 2