Two States, namely the United States and Canada, have seen fit, in recent years, to formulate rules, for security purposes, in respect of identification and control of aircraft approaching their coasts, or within certain fixed zones contiguous to the coast, whereby, in effect, they assert a jurisdiction for that limited purpose only, which departs drastically from the popular conception in Maritime Law of the three-mile limit, six-mile limit, or twelve-mile limit, which has heretofore been generally accepted, among laymen particularly, and by governments, and indeed, by some international lawyers, as the limit to which a State may exercise jurisdiction over the high seas contiguous to its coasts, for various purposes. [...]

Un abordage aérien est le creuset où viennent se fondre tous les problèmes de la responsabilité aérienne: en effet, un abordage dans les airs donne très souvent naissance à une série d'obligations entre exploitants, passagers, chargeurs, tiers à la surface et cet ensemble d'obligations n'a pas encore été réglementé du point de vue international; les législations nationales ont partiellement résolu ces problèmes, à la lumière du droit commun, du droit terrestre et maritime et bien rarement en vertu de dispositions spéciales de "lois aériennes". [...]

The purpose of this paper is to deal with air carrier liability under Turkish Law. Certainly under usual circumstances such a study should not be a difficult one but following particularities of Turkish Civil Aviation have caused to be charged some heavy burdens on the author : [...]

The giant Pascua Au-Ag-Cu high-sulphidation system is located in the El Indio belt in north-central Chile, and is hosted mainly by Triassic granitic rocks and locally by Miocene breccia bodies. Hydrothermal activity involved two distinct high-sulphidation alteration stages, the later of which was accompanied by main stage mineralization. The early hydrothermal activity consisted of extensive and pervasive advanced argillic alteration, local development of vuggy silica and distal argillic to propylitic alteration. This alteration was locally overprinted by an intermediate stage comprising argillic alteration, silicification and primary jarosite, more or less contemporaneously with the formation of Brecha Central, the main breccia body in the deposit. The superimposed second major hydrothermal event produced significant advanced argillic and vuggy silica alteration. The latter likely formed at pH near 0 owing to the limited buffering capacity of previously altered rocks. Termination of the second stage of alteration coincided with the main Au-Ag-Cu mineralizing event, in which Au dissolved in pyrite and enargite, formed inclusions in these minerals, and precipitated as isolated grains of native gold. Detailed EPMA and SIMS imaging and analyses of pyrite and enargite show that both contain Au, Ag, As, Cu, Se and Te and that their distribution is crystallographically controlled. The main trace element associations in the mineralized pyrite are As-Ag, Au-Cu and Se-Te. I suggest that the first two, As-Ag and Au-Cu, were the result of coupled substitution in the Fe site, whereas Te and Se replace S by direct anion exchange. The nature of the coupled substitutions observed in the gold-bearing pyrite underlines the fact that gold is not necessarily coupled with arsenic as previously thought and that arsenic can behave as a metal in the structure of pyrite. Approximately 55% of the gold in the deposit was scavenged from mineralizing fluids that were mainly under-saturated with respect to native gold and trapped into the structure of pyrite and enargite (50 and 5%, respectively). The remaining 45%, including - 7% as inclusions in sulphides, precipitated mainly in the form of native gold with lesser calaverite for which the gold depositional mechanism is interpreted to be an increase in pH that destabilized AuHS and AuCb". Substantial late-stage Ag-enrichment, characterized by halogen-bearing phases, is evident in the upper parts of the deposit and overprints previous alteration and mineralization. The silver enrichment event is interpreted to represent the waning stage of the hydrothermal system. Secondary leaching and weathering of pyrite, enargite and alunite created two supergene products, one dominated by secondary soluble sulphates such as voltaite, massive coquimbite, chalcanthite, and romerite, and one by jarosite. Abundant sulphides in vuggy silica altered rocks, which lacked the capacity to neutralize later oxidizing fluids, were the main locus of formation of the soluble sulphates. Elsewhere, the pH likely rose above 1, which inhibited precipitation of soluble sulphates and favoured formation of jarosite. Direct-ion SIMS images and trace element analyses of soluble sulphates indicate that these minerals likely contain gold in their structures.

Deregulation, globalization, and commercialization are drastically changing the space industry. But commercial space activities entail considerable risks. This thesis is primarily an analysis of the risks that private entities in the space industry need to manage in order to be commercially successful. Due to the trend towards a buyer's market, satellite manufacturers increasingly have been forced to accept risks that do not fall within their traditional core business. Consequently, manufacturing companies become risk managers for a variety of legal space risks. Therefore, the legal framework for the commercial management of legal risks is analyzed and solutions to identified problems are offered. This thesis studies trends in contemporary risk management practices in the private sector, which is dominated by market forces. It is argued that risk management of legal issues should form an integral part of overall space project management, the rationale being that losses in any phase of space activities, while certain to occur, are uncertain in time and scale. This thesis, therefore, scrutinizes legal risk management throughout the life cycle of space projects. Few space applications have become commercially viable. Today, satellite navigation provided by the U.S. GPS is widely used, especially because it is free of direct charges. In Europe, a competing system, Galileo, is being developed. It will provide users with different service levels, ranging from free services to more reliable and accurate navigation services. As this system has both, public and commercial benefits, the industry is expected to participate in a Public Private Partnership for the Galileo satellite constellation. This thesis makes specific proposals to manage the legal risks of the Galileo project. At the same time, the allocation of legal space risks between the various parties is studied. The thesis of the author is that the management process, which is used to control technical space risks, can provide satellite manufacturers with a supportive analogy for dealing with legal space risks. Risks will be studied for all project phases of Galileo, i.e., the feasibility study, the establishment of specifications, development, manufacturing, the launch, operations, replenishment, and the final disposition of satellites.

This thesis establishes a framework for analysing and evaluating human rights within the contexts of global, African-Islamic and Sudanese cultural diversity. The normative impact of culture on international human rights is viewed from the perspective that culture is adaptive and flexible. African-lslamic culture, as exemplified by the Sudan, is no exception. / The first part of this thesis advances a theoretical framework for recognition of cultural diversity and its impact on human rights. Recognition of change as an integral part of culture is vital for a successful mobilisation of internal cultural norms to the support of international human rights. An important conclusion is that ruling elites and those engaged in human rights violations have no valid claim of cultural legitimacy. / The second part of the thesis examines the notion of human rights in traditional Africa and under Shari'a with a specific focus on conceptions of the individual, the nation-state and international law. It is argued that the African-Islamic context is an amalgam of both communitarianism and individualism; further, that the corrupt and oppressive nature of the nation-state in Islamic Africa demands an effective implementation of human rights as set out in the African Charter on Human and Peoples' Rights. / It is suggested in the third part of the thesis that three of the rights included in the African Charter are paramount to effective human rights protection in Islamic Africa: the right to self-determination, the right to freedom of expression and the right to participate in public life. These rights are examined within the Sudanese context in order to provide a more concrete illustration of their potential implementation. The dynamics of Sudanese culture are explored to exemplify a culturally responsive implementation of these rights. / This thesis contributes to the debate on the role of culture in enhancing the binding force of human rights and fundamental freedoms. It aims to inspire pragmatic discussion on the need for effective protection of human rights in order to alleviate the suffering of millions of Africans under existing ruthless and shameless regimes.

Fundamental rights have been traditionally understood as prohibitions of state interference with the private affairs of citizens. Classic liberalism views human freedom generally as the absence of governmental restrictions, maintaining that happiness, prosperity and progress can be achieved only by limiting government. / The dissertation challenges these traditional assumptions by showing that the protection of fundamental rights depends on both restraint and intervention of the state. Therefore, the realization of freedom, equality and justice should not be left to market forces but requires active governmental participation. The state assumes positive as well as negative obligations under the Canadian Charter of Rights and Freedoms. This means that governmental authorities, legislatures and courts must respect, protect and promote Charter guarantees. The Charter makes space for economic, social and cultural fights, which presuppose a cooperative and dialogical relationship between the three governmental branches (executive, legislative, and judicial bodies). / The thesis also grapples with another issue in the current Canadian constitutional debate. It is widely believed that federalism is antagonistic to liberal values, in particular the guarantees of the Charter; that the nature and purpose of the Charter imply a superior role of Ottawa vis-a-vis the provinces because cultural diversity and decentralization of power undermine its effectiveness. The dissertation recasts the debate and proposes ways to reconcile human rights with federalism and its underlying objective---the preservation of cultural diversity. It offers an analytical framework that allows us to view fundamental rights and cultural pluralism as interdependent and indivisible values protected by the Canadian Constitution. / The thesis concludes with a proposal for a multicultural interpretation of the Charter on the basis of which cultural differences can be identified and accommodated. It stipulates that a pluralistic constitutional discourse is possible insofar as the Charter is seen as a document establishing substantive and institutional conditions for Canadians to engage in deliberative democracy and, thereby facilitating communicative actions by citizens from all walks of life.

In the context of globalization, the idea of place is reputed to be losing its footing. This thesis explores the implications of these developments with respect to the way that place is constructed in law by focusing on tensions between the concept of jurisdiction and the ways that the contexts of law overspill it, threatening to engulf comparative analysis. Central to the idea that jurisdiction is losing its familiar moorings is the implication that other forms of thinking about legal normativity are emerging as more commonsensical alternatives to the state-based idea of jurisdiction that emerged in the eighteenth and nineteenth centuries. The thesis explores this hypothesis by bringing elements of the discipline of comparative law (conventionally state based) into play with elements of the discipline of legal anthropology (conventionally culture based). The focus for this theoretical intrigue is an Gitano population in the South of Spain that served as the fieldwork locale for seven months of ethnographic fieldwork carried out in 1995. Investigations are centered on the theme of family law. Familiar notions of state and culture, and the legal sensibilities associated with each, are examined through exploring the interplay between local expressions of Gitanitude in Jerez de la Frontera and regional, national, international, and global forces that structure legal sensibilities in the area. The first chapter explores the interplay by focusing on the context surrounding Spain's reforms to family law in the 1980s. The familiar frontiers of the state are prodded through this analysis. The second chapter then explores the frontiers of culture through an examination of a variety of expressions of Gitanitude in Spain. The third chapter brings modified versions of state and culture together in a reconceptualisation of family law. As a whole, the thesis suggests a new way of approaching the problematic relationship between context and the disciplines of comparative law an

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This thesis analyzes the rationale, appropriateness and value of the available legal and regulatory means to deal with genetic discrimination in the context of insurance. Insurance is used as a paradigm case for discussing the legal means to address the concerns related to the impact of new medical technologies. A new framework is proposed for evaluating the potential impact of such new technologies on people's ability to participate fully in social life and to have access to important social goods without unfair discrimination based on certain inherited traits. / A "thick" contextual method is used, which involves a detailed description of the medical, social, and legal context of the debate. The approach is based on Michael Walzer's theory of justice, which posits that in assessing the fairness of the distribution of a particular good, one must take into account the nature of the good as determined by the specific socio-historical context in which it obtains its shared meaning. Walzer's theory is used in the thesis to critically analyze the regulatory and legislative means introduced in several countries to curb genetic discrimination. It is further argued that Walzer's contextual analysis resembles the approach taken by the Canadian Supreme Court in the context of anti-discrimination law. Canadian human rights law is analyzed in detail to describe how genetic discrimination could be dealt with under the current provisions and how human rights law can be used to create conditions of substantive equality. The thesis concludes with an analysis of various legal and regulatory options to deal with genetic discrimination and its impact on human rights in the Canadian context. The establishment of a regulatory body is proposed, with the mandate to review the appropriateness of the use of new tests in the context of insurance. I argue that this review process, and the contextual analysis that should be involved in this process, would constitute a useful step towards creating conditions for substantive equality, not only for those who are genetically disabled, but for all those who are affected by real or perceived disabling conditions and stigmatizing traits.