Orientador: Suzeley Kalil Mathias / Banca: Hector Luís Saint-Pierre / Banca: Samuel Alves Soares / O Programa de Pós-Graduação em Relações Internacionais é instituído em parceria com a Unesp/Unicamp/PUC-SP, em projeto subsidiado pela CAPES, intitulado "Programa San Tiago Dantas" / Resumo: A presente dissertação faz um estudo sobre as ações de Moscou em relação à Organização do Tratado do Atlântico Norte - OTAN - desde a concepção desta, em 1949, até o último governo de Vladimir Putin, findo em 2008. O trabalho pretende, além de identificar tais atitudes, apresentar as razões pelas quais a Rússia pode ser a favor ou contrária às ações da OTAN. Os materiais utilizados para a confecção desta dissertação compreendem livros e revistas especializados em Rússia, Eurásia, Geopolítica e Relações Internacionais, periódicos, documentos oficiais e não-oficiais e mapas, havendo, após sua coleta, uma análise histórica. / Abstract: The current dissertation carries out a study on Moscow's actions concerning the North Atlantic Treaty Organization - NATO - since its inception, in 1949, until Vladimir Putin's last administration, which ended in 2008. Besides identifying such behavior, this work seeks to present the reasons why Russia can be in favor or against NATO's actions. The making of this dissertation was based on books and journals specialized in Russia, Eurasia, Geopolitics and International Relations, periodicals, official and nonofficial documents and maps, all of these being followed by a historical analysis. / Mestre

Made available in DSpace on 2014-06-11T19:27:59Z (GMT). No. of bitstreams: 0 Previous issue date: 2008-11-25Bitstream added on 2014-06-13T18:56:59Z : No. of bitstreams: 1 nascimento_fal_me_mar.pdf: 1729879 bytes, checksum: 0c9764597bda9da0f73b88beca337bd8 (MD5) / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES) / A presente dissertação faz um estudo sobre as ações de Moscou em relação à Organização do Tratado do Atlântico Norte – OTAN – desde a concepção desta, em 1949, até o último governo de Vladimir Putin, findo em 2008. O trabalho pretende, além de identificar tais atitudes, apresentar as razões pelas quais a Rússia pode ser a favor ou contrária às ações da OTAN. Os materiais utilizados para a confecção desta dissertação compreendem livros e revistas especializados em Rússia, Eurásia, Geopolítica e Relações Internacionais, periódicos, documentos oficiais e não-oficiais e mapas, havendo, após sua coleta, uma análise histórica. / The current dissertation carries out a study on Moscow’s actions concerning the North Atlantic Treaty Organization – NATO – since its inception, in 1949, until Vladimir Putin’s last administration, which ended in 2008. Besides identifying such behavior, this work seeks to present the reasons why Russia can be in favor or against NATO’s actions. The making of this dissertation was based on books and journals specialized in Russia, Eurasia, Geopolitics and International Relations, periodicals, official and nonofficial documents and maps, all of these being followed by a historical analysis.

The principal aim of this thesis is to undertake a critical examination of the role of the international patent system in the transfer of technology to West Africa, particularly Ghana and Nigeria. It focuses mainly on the patent systans and technology regulatory regimes of the two countries. The study is intended to identify and evaluate the impact of the international patent system on the transfer and development of technology in this area. The first chapter provides a theoretical foundation to some of the more practical issues to be discussed in the subsequent chapters. The Paris Convention and the diplomatic revision exercise thereof, as well as other efforts and policies regarding patents and technology transfer at various levels are discussed in Chapter Two. Chapters Three to Eight consider the two case-studies undertaken in this thesis. Chapter Three begins with the historical development of the patent system in both Ghana and Nigeria, and the remaining chapters continue with a discussion of the present patent and technology regulatory regimes of both countries. Based on facts and figures the two case-studies examine critically the patent law and systems and technology transfer laws of these two countries including other related institutional measures highlighting their strengths and weaknesses. The study argues that if the patent systems of both countries are to play a meaningful role in the transfer and developnent of technology they nust be utilized as a tool of economic policy and also be related to the technology transfer regimes which nust necessarily be integrated into the national technology policy which should, in turn, be made an integral part of the entire national developnent plan. It is concluded that it is only in this way that the patent system can effectively contribute to the transfer of technology and the development of indigenous technological capabilities in the two countries.

The agrarian question is one of Zimbabwe's enduring colonial legacies. At independence the ensemble if issues comprising the agrarian question included an inequitable racial distribution of land, different tenure systems for blacks and white settlers, a discriminatory provision of agricultural support services, and repressive relations between the state and the peasantry. Peasant grievances over the agrarian question mobilised their support for the liberation struggle which culminated in independence in 1980. Contrary to the expectations of the majority of Zimbabweans, agrarian reforms introduced since independence have not transformed the colonial agrarian structure. The thesis investigates factors which account for the nature of agrarian reforms. Using a socio-historical analysis, it examines changes and continuities in agrarian policies and laws. In the main, the thesis argues that reform has been shaped by changes in power relations in society which are reflected in the exercise of state power. It shows that the manner in which independence was achieved and the character and ideologies of the social forces that inherited state power account for the changes and continuities in policies and laws. The thesis demonstrates that land reform was initially constrained by the constitutional provision which protected private property from compulsory acquisition. More important, it argues that reform has been determined by the failure to transform the inherited accumulation strategy, of which capitalist agriculture is an integral element. In addition, it demonstrates that the manner in which land has been redistributed reflects the continuation of colonial ideologies of modernisation. Furthermore, the thesis shows that communal tenure as constructed by the colonial state has been retained partly because of the ideology of nee-traditionalism and partly because it allows the state to intervene in peasant land use and production processes' as part of the process of modernisation. It also shows that the modernisation of peasant agriculture has been attempted through the extension of input, credit, price and marketing packages. Consequently, the thesis shows that the agrarian question is as relevant today as it was at independence, and that the limited and contradictory nature of the agrarian reforms reflects the limitations and contradictions inherent in the post-colonial democratisation process. Hence agrarian reform can only be adequately addressed as part of a comprehensive transformation of the accumulation process and societal democratisation.

This dissertation seeks to make a unique contribution to the study of geopolitics and empire in Central Asia by focusing on both the indigenous developments of grand strategies and their legacies by examining several key points in the history of the region's geopolitics in order to determine the peculiar and specific nature of regional geopolitical evolution, and how its basic concepts can be understood using such a locally based framework. By putting the focus on several key concepts which hold steady through major societal and technological upheavals, as well as foreign incursion and both the inward and outward migrations, which together create the conditions which I have dubbed ‘The Formless Empire', it is possible to see the elements of a regional and homegrown tradition of grand strategy and geopolitical thinking which is endemic to the area of Inner Eurasia, even as this concept adapts from a totality of political policy to merely frontier and military policy over the course of time. This indigenous concept of grand strategy encompasses political, military, and diplomatic aspects utilizing the key concepts of strategic mobility, and flexible or indirect governance. These political power systems originated in their largest incarnations amongst the nomadic people of the steppe and other people commonly considered peripheral in history, but who in a Central Asian context were the original centerpieces of regional politics until technological changes led to their eclipse by the big sedentary powers such as Russia and China. However, even these well-established states took elements of ‘The Formless Empire' into their policies (if largely relegated to frontiers, the military, and a few informal relationships alone) and therefore the influence of the region's past still lingers on in different forms in the present.

The Indian legal system has been dealing with the problem of domestic violence in the recent years especially since the advent of the new legislation the Protection of Women from Domestic Violence Act, which was brought into effect from the 26th of August, 2006. The original contribution that this thesis makes to knowledge is that it identifies a potential category of users of this law- Women in Unconventional Relationships (WUR), and tests the support systems and the ease of access available to this category of women within two different domestic violence frameworks in India. This thesis locates the constructions of transgressive WUR identities in history, society and theoretical discourse and investigates whether these constructions adversely affect their legal subjectivity under the domestic violence law in India. It locates WUR within the domestic violence framework in Delhi, named the Victim Model for the purposes of this research, and within the Survivor Model in Mumbai. It privileges the voices of ten WUR who articulate their experiences of survival, domestic violence and the law. The research uses a combination of inter-subjective reflexive research and a feminist analysis of the domestic violence framework. The constructions of identities and the levels of transgression that take place and its effects on survivor/victim legal agency are investigated. The thesis identifies the best domestic violence framework suited for WUR which encourages their rights-bearing capacity as full-fledged citizens of the Indian state.

This study analyses the discursive construction of part-time employment and the workers in it in the employmentand legal contexts in Britain and Japan, applying an analytical framework of the law developed from a post-structuralist feminist viewpoint. In doing this, this study contributes to knowledge in the field of legal studies by providing an account of the active role of the law in the area of employment,through the operation of discourse, in shaping and reshaping structural inequality which part-time women employees face in contemporary British and Japanese society. Evidence for this study is collected from statistical data, questionnaires and interviews with managers, interviews with a group of ex-part-time women workers pursuing a legal case and the close reading of legal materials in the two countries. From the examination of these data, two discourses are identified,which circulate in employment and legal institutions in both countries and which help to produce the differentiation between full-time and part-time employees. One discourse emphasises differencesin labour-related factors, such as working hours, job content and commitment, while the other emphasises differences in the gendered characteristics and domestic positions of men and women. I show that the two discourses operate within and across these institutions, constructing part-time employment as different from and inferior to full-time employment on both labour related and gender-related grounds, and legitimisingthe disadvantaged position of part-time employees. This discursive construction has brought about a gendered hierarchy within the law in which the inferior working pattern of part-time employment is gendered as women's, while the superior pattern of full-time employmentis gendered as men's. On the basis of this analysis, I argue that the law is one of the most influential discursive mechanisms which bring about and help to sustain the hierarchical gendering of society, contributing to the production and reproduction of unequal power relations between the sexes and between employers and part-time women employees.

Post-independent Cameroon has grappled with the problem of systemic violation of civil and political rights (CPR) despite a transition from single party dictatorship to multiparty democracy in the 1990s. Various legislative measures including the adoption of a supposedly ‘rights friendly’ constitution in 1996 have done little to ameliorate that problem. This thesis adopts a concept of constitutionalism, based on contemporary international standards, to analyse the problem of CPR violations from the perspective of the constitutional arrangements in Cameroon. It examines the system of separation of powers, the method of securing judicial independence and the mechanisms for judicial review. The argument is made that the problem can be attributed in part to the predominant influence of the French civil law system in Cameroon’s bijural legal system. Although for historical reasons, Cameroon operates both the English common law and the French civil law, constitutional developments have continued to be influenced by the latter which lends itself to practices that are not sufficiently supportive of constitutionalism as defined herein. The thesis, however, goes further to explore how the constitutional system could be reinforced to provide a more conducive framework for the protection and enhancement of CPR. Drawing on two strands of arguments, one highlighting features of the common law system that can be more supportive of constitutionalism and the other which highlights the value of indigenous antecedents of constitutionalism, the thesis proposes the development of a contextual model which is more reflective of Cameroon’s peculiar legal and socio-political circumstances. It proposes what is described as an Optimal Integrative Approach (OIA) as a framework for developing a contextual model, more conducive for the protection and enhancement of CPR in Cameroon.

This thesis is a study of the origins and development of law and workers' participation policies in Zambia from their inception in 1969 to 1989. The research was focussed at three levels of investigation: why was workers' participation introduced; what factors have determined its development; and whether the results suggest that state involvement, and the use of law in particular, has made a useful contribution to these industrial relations policies. The value of the work is threefold. First, it makes a modest but significant contribution to the understanding of law and industrial relations in post-independence Zambia. Second, it disputes and, in large measure, seeks to contradict earlier explanations thought to have determined the origins and development of participation policies in the country. Third, it provides original insights into the 1971 and 1988 workers' participation legislation. The methods of investigation have been largely historical and comparative. It analysed primary and secondary materials, supplemented by discussion interviews. Theoretical guidance was drawn from critical studies of corporations, labour law and industrial relations. The study reveals that the origins of workers' participation in Zambia is connected to the political objective in the 1960s of assuring the participation of Zambians in the ownership and management of the economy. Consequently, it argues that the development of these policies is best understood in the context of this origin as well as of the structures and institutions upon which they were erected in the 1970s. Turning to the assessment, it found that very little industrial relations effects have been demonstrated. This was partly a result of three interlocking factors. First, weak and inconsistent laws. Second, the failure to develop the widest possible consensus on participation policies. Third, the absence of economic and political conditions under which the confidence of managers and workers could be won towards state policies.

This research examines the regulation of phishing in Taiwan, particularly focusing on legal regulation but within a context of a multi-dimensional regulatory framework which also necessarily includes an examination of international regulation and the interaction between international and Taiwan regulatory interfaces given the transnational nature of phishing. Phishing is a malicious cyber activity which targets the acquisition of various types of confidential information by deception through the use of spoofed emails and/or websites. The increasing threat of phishing to information security has inspired a growing demand for regulation. Significant effort has been made in academic research and by industry to develop regulatory measures for phishing, which is dominated by technological work with comparatively little research on legal regulation. The current legal discussion of phishing, both international and Taiwan, very often concentrates on the criminal liability of phishers and pays little attention to the alternative role of law in the regulation of phishing. Thus this research suggests a broader approach to legal regulation that goes beyond criminal law and particularly addresses the role of information privacy law which constrains phishing by ensuring the protection of personal information. Phishing has posed crucial challenges to the traditional system in terms of both criminalization and legal enforcement. The solution that has been mostly addressed by the existing research is cooperation. As phishing is frequently a global phenomenon, this research suggests that an international approach involving coordination of legal standards and cross-border cooperation of law enforcement is necessary to tackle phishing, and also suggests that the fundamental step lies in a converged regulation of phishing consistent with its true context. Weak legal enforcement is a major deterrent to the effectiveness of legal regulation which highlights a need for a broad from of regulation that goes beyond law. In addition, a successful phishing episode involves a complex of factors including not only weakness in law but also vulnerability of technical infrastructure, administrative system and user awareness. A single solution is thus unlikely to deal with phishing. This research therefore suggests a multi-dimensional regulatory framework comprising different countermeasures developed especially in the areas of law, technology, education, and institutional network. It examines the anti-phishing approach undertaken in Taiwan employing qualitative methods to supplement the doctrinal research. In the context of a shortage of Taiwan scholarship on this subject, the research provides a set of suggestions to Taiwan development of a multi-dimensional regulatory scheme.