<p>This paper sought to discuss the questions whether refugees have the right to return to their country of origin and whether their participation in the political life of that country may be used as a means to realise their right to return.</p>

In this thesis, two questions are analysed: (1) why have National Human Rights Institutions (NHRIs) become so widely disseminated among contemporary states? And, (2) what explains the variable institutionalisation of NHRIs once activated? The thesis first traces the diffusion of NHRIs across political regimes in general, with particular attention to unstable democratic regimes. It argues that NHRI creation can be attributed to three principal diffusion mechanisms: coercion, acculturation, and persuasion. These three explanatory models, however, lack precision. Linking each mechanism to recent processes of diffusion in Latin America, the analysis identifies how the diffusion of an Iberian variant to the generic NHRI category - the Defensorfa del Pueblo - corresponds to three intermediate categories: compulsion, material inducement and framing of ideas. The initial political circumstance of Defensoria creation in Latin America, in turn, has significant implications for their institutionalisation. A domestic level of analysis is necessary to explain the institutionalisation of Defensorias operating in the democratic regimes of Latin America. The standard explanation correlates performance with structural form. While this thesis recognises the development of formal design principles is important in explaining institutionalisation, it adds a major qualification. It shows that the informal dimension of Defensorias' relations with organised state and social actors and rules of access across accountability arenas is often decisive. A typological framework is generated to assess the impact of these two dimensions on Defensorias when formal rules are enforced in a variable manner and tend to lack stability over time. This comparative analysis highlights the accountability gap which these institutions attempt, importantly, to address. By explaining how Defensorias actually work, including when and why they matter, this thesis goes beyond narrow institutionalism as suggested by the political accountability literature.

Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1981. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH. / Bibliography: leaves 113-122. / by Fernando Cruz-Villalba. / M.C.P.

This dissertation examines the case of 250-300,000 largely Orthodox Christian refugees who fled Ottoman Bosnia and Hercegovina for the Habsburg Empire during the uprisings of 1875-1878. The violence during this period started out as a peasant uprising, but over the course of three years cascaded into revolts and violence across the Ottoman Balkans and led to a major European diplomatic crisis. The Treaty of Berlin of 1878, which ended the violence, reconfigured the political geography of the Balkans, making the former Ottoman provinces of Montenegro, Romania, and Serbia independent; giving a sweeping autonomy to Bulgaria, and handing over to Austria-Hungary the administration of a nominally Ottoman Bosnia and Hercegovina. Refugees played an under-appreciated role in the international and domestic politics of the period, and this dissertation argues that forced migration was in fact one of the key considerations of Great Power diplomacy. Forced migration offered a means to measure degree of violence, and control over population movement offered a way for empires to lay claims to legitimacy. In a similar manner, philanthropists and international humanitarians used forced migration to build and advocate for their own civic spheres. The dissertation argues that during this period, the modern category of "refugee" was defined as states developed processes to manage refugees domestically and to create international policies for refugee aid and return.

Why do states of the Global South initiate international criminal justice processes for domestic atrocity crimes? The phenomenon of Southern agency regarding international criminal justice presents an empirical and theoretical puzzle given the Southern states' defence of Westphalian sovereignty, or the juridical equality of states and domestic non-intervention. International criminal justice challenges this notion of sovereignty by directly prosecuting individuals under international law through international courts. This thesis rejects this theoretical notion that international criminal justice curbs sovereignty, and argues that the initiative for international criminal justice processes is a type of short-term political strategy adopted by Southern state actors to strengthen specific aspects of their statehood. In doing so, the thesis challenges the dominant theoretical explanations of Southern state preference that relies on their relative weakness and the power of external factors, such as Great Power interests or transnational activist networks, and reclaims the possibility of agency for Southern state actors. The argument is derived from a theory developed in this thesis, referred to as judicial extraversion, or a counter-structural theory of strategic action that links the politics of statehood in the Global South and the political opportunities inherent in the nature of international criminal justice, namely, the individualisation of responsibility, criminalisation of specific forms of violence, and the privileged status of the state in the international criminal justice system. It develops this theory through the qualitative case studies of Uganda's self-referral to the International Criminal Court (ICC), Cambodia's request for an international criminal tribunal to the UN, and the counterexample of Colombia's special domestic criminal justice process for paramilitary demobilisation. The thesis finds that relative weakness of Southern states is insufficient to explain engagement with international criminal justice, and highlights the possibility of paradoxical agency. Finally, the findings suggest that, under particular circumstances, international criminal justice can be used to entrench the authority of weaker states in the international system.

Orientador: Tullo Vigevani / Banca: Rodrigo Duarte Fernandes dos Passos / Banca: Fernanda Mello Sant'Anna / Resumo: O multilateralismo e a constituição de organizações internacionais são fenômenos ligados à construção de uma ordem internacional, na qual se impera a busca pela elaboração de regras de convivência entre as nações. Os fenômenos surgem e se desenvolvem de forma praticamente conjunta, mais especificamente no final século XIX: portanto os dois fenômenos estão intimamente ligados um ao outro. Dessa forma, esta dissertação tem como objetivo principal realizar um breve resgate histórico do conceito de multilateralismo e das organizações internacionais, através de autores de referência, a fim de entender as dificuldades de implementação desses princípios que deveriam permear o sistema segundo essa lógica. Nas conclusões apontaremos que as dificuldades de implementação do multilateralismo estão ligadas principalmente com as imprevisibilidades, incertezas e desconfianças entre os países. / Abstract: Multilateralism and the constitution of international organizations are phenomena related to the construction of an international order, in which the search for the elaboration of rules of coexistence between nations is imperative. The phenomena arise and develop in a practically joint way, more specifically in the late nineteenth century: therefore the two phenomena are closely linked to one another. Thus, this dissertation has as main objective to make a brief historical rescue of the concept of multilateralism and international organizations, through reference authors, in order to understand the difficulties of implementing these principles that should permeate the system according to this logic. In the conclusions we will point out that the difficulties of implementing multilateralism are mainly related to the unpredictability, uncertainty and distrust between countries. / Mestre

This thesis answers the question “Why does security cooperation occur between Western states?”. The basic answer is: “Because most state actors do not want their states to integrate”. In other words, cooperation occurs as a coping mechanism, as an imperfect substitute for integration. But the thesis does not only investigate the reasons for cooperation, what Aristotle called the final cause. The thesis also examines the material, formal and efficient causes of cooperation. Such an unorthodox causal explanation of cooperation is based on a Critical Realist philosophy of social science. The application of this philosophy to the empirical study of International Relation is rare, making this thesis original. Beyond the philosophy of social science, the thesis' research design, many of the cases, and much of the data are also rarely used. The research design is an embedded multiple-case study. The states studied are the United States of America, France and Luxembourg. Within each state, the embedded subcases are three types of state security organisations: the armed forces, law enforcement and intelligence agencies. Rarely have these three types of security organisations been compared. Similarly, Luxembourg is seldom studied. Comparing different types of states and different types of state security organisations has not only allowed the main research question to be answered. It has also allowed temporal, spatial, national, and functional variation in cooperation to be identified and theorised. The empirical evidence studied includes participant observation (at the North Atlantic Treaty Organisation) and documents (e.g. state policy documents, annual reports by organisations, reports by parliaments and non-governmental organisations, autobiographies, books by investigative journalists, articles by newspapers and magazines). The thesis is also based on a score of elite interviews (e.g. with ambassadors, diplomatic liaisons, ministerial advisors, foreign ministry officers, military commanders, etc.), and the careful study of both declassified and classified archival records.

Thesis (M. A. (International Politics)) --University of Limpopo, 2017 / Many Western and Central African countries were colonised by France from the early 17th century until the early 1960s. However, Africa has continued to be the private hunting ground for France in the post-independence period. This is because France still needs African resources, particularly its oil. In fact, Africa holds a strategic position for French foreign policy. Therefore, when France gave independence to its African colonies, it did not really mean it was completely disengaging from Africa. In essence, a package was imposed on Francophone African countries which tied them to the revitalised African states to preserve French colonial status. Moreover, France‟s heavy involvement in African countries has earned it a perception of being a police officer of the continent. Within this premise, due to protracted conflicts in French African countries, Francophone Africans bank their hope on France to assist in offering just and lasting solutions to the complex challenges facing their countries. This should be understood within the context that France maintained a significant colonial empire in the continent for almost a century and a half. Nevertheless, France attempts to uphold hegemonic foothold in Francophone Africa through political, economic and cultural connections while the security of Africans is threatened. With this in mind, this study critiques the French foreign policy towards Africa and it uses Ivory Coast and Central African Republic as case studies. These two countries are chosen given their recent conflicts and their assistance in critiquing the French position in African complex challenges. This study also adopted the use of document review and interviews to generate data.

This thesis seeks to better conceptualise how and why there is an absence of international protection for ???environmental refugees???, and to place these findings in the critical geopolitics literature. A poststructuralist framework, drawing on Foucault???s ideas of discourse, subjectivity, power and governance, was deemed most appropriate for this thesis, and provided a means of differentiation from previous literature on ???environmental refugees???. This thesis develops a genealogy of the subject category of ???environmental refugees??? since the 1970s, to better understand how the United Nations, Inter-Governmental Organisations (IGOs), Non-Governmental Organisations (NGOs) and the media have constructed environmental issues and refugees in texts. Fieldwork undertaken in 2004 enabled me to conduct 45 semistructured interviews with United Nations diplomats and representatives from IGOs and NGOs. Critical scrutiny of these interview texts revealed the constructions of ???environmental refugees??? as various subject identities, particularly in relation to climate change. Pacific ambassadors to the United Nations were also interviewed in 2004 to explore how they negotiated discourses on climate change and ???environmental refugees???, and attempted to articulate their concerns at the United Nations. This thesis contends that an absence of policy at the United Nations to protect ???environmental refugees??? has been produced by a combination of discursive and institutional politics. Unequal power structures at the United Nations have limited the capacity of small island states to lobby and articulate concerns, while subject categories of ???environmental refugees??? have been constructed in ways that alter the terms of debate, evade legal response, or deflect blame away from the perpetrators of environmental damage. Reasons for this policy absence have been the shifting attitudes towards environmental issues and the role of multilateral political institutions. The overall contribution of this thesis is to critical geopolitics, through its examination of the role of multilateralism, representations of environmental issues causing population displacement, and how and why policy absences are created within multilateral institutions such as the United Nations.

The suppression of transnational organised crime has continued to rise on the agenda of the international community and is today an affirmed goal of most states. To increase the effectiveness of suppression, it is necessary for states to cooperate across borders in criminal investigations. The legal regime by which this is done is called mutual legal assistance, MLA, and is one of the most practically important developments in public international law over recent decades. The development however has led to several unanswered questions regarding the position of the individual in the procedure. Those are manifested in three main areas, namely; the requirements for employment of MLA; the application of exceptions and; human rights protection.   This thesis elaborates on and analyses the balance between effectiveness in formal international law enforcement and the protection of fundamental rights in such procedures in the three main ambiguous areas.   The analysis points to the importance of the principle of reciprocity for effective cooperation and argues that the conditions for MLA should not be altered. It argues that the number of exceptions shall be kept at a minimum. However, the efforts to abolish the exception for offences of a political nature should be halted or at least approached with more caution. This is true also of when concerning terrorism offences.   The analysis shows that the protection available to the person whom the MLA request concerns is inadequate. There is an urgent need to reform the system in that respect, in particular by opening channels of complaint.   The final conclusion is that, in light of the unquestionable importance of MLA in the suppression of transnational organised crime, it is possible to make limited reform in the areas of human rights and the guarantee of a right to a fair trial without jeopardising the necessary effectiveness of the system.