In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defense and actions mandated by a U.N. Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. This dissertation seeks to analyze the consent-exception in a wide context, and attempting to delineate its limits - including, perhaps, cases in which government consent power is not only negated, but might be transferred to opposition groups.

published_or_final_version / Law / Master / Master of Laws

Thesis (L.L.M.)--University of Hong Kong, 1996. / Includes bibliographical references (leaf 64-67).

Thesis (L.L.M.)--University of Hong Kong, 1996. / Includes bibliographical references (leaf 64-67). Also available in print.

Traditionally, African states have played an active and relevant role in the formulation and development of international investment law. Generally, the contribution of African states is demonstrated through the active participation of African states in deliberations of the Non-Aligned Movement, the role of African states in the creation of specialized institutions such as UNCTAD and the strategic use of numerical strength by African states to sponsor numerous United Nations Resolutions. During the epitome of Africa’s active participation, African states aggressively resisted the internationalization of foreign investment rules. However, the practice of African states appears to have changed through the conclusion of BITs containing far-reaching treaty provisions. On the basis of the foregoing, the thesis reviews the types of BITs concluded by African states with the objective of establishing the investment treaty practice of African states. In so doing, the thesis examines whether African treaty practice conforms or differs from general investment law. While reviewing the treaty practice of African states the thesis also explores the extent to which the emerging investment treaty practice interferes or restrains legitimate policy making of African states. This thus raises awareness to (i) African specific concerns with respect to the international law of foreign investment (ii) the controversy entrenched in substantive treaty standards (iii) the suitability of treaties concluded by African states and (iv) the possibility of drafting more acceptable rules that balance the interests of African states vis-à-vis interests of foreign investors. The thesis argues that there has been a paradigm shift in the investment treaty practice of African states. Specifically, the present treaty practice of African states suggests that African states have retreated from previously held positions augmenting for state sovereignty to a more peculiar position of acquiescence. Broadly, the current state of African investment treaty practice is all surprising when contrasted with the fierce resistance African states mounted against the internationalization of foreign investment rules in the last century. The thesis demonstrated the extent to which African treaty provisions restrain legitimate policy making and suggests how African states can contribute to the further development of international investment law.

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This research showed that data and events involving alliance formation and political fragmentation in the Arab world and particularly the Gulf Cooperation Council (GCC) from 1945-1990 were not treated sufficiently in the general theoretical works surveyed. A host of new propositions dealing with the dichotomy of alliances and their fragmentation are contributed herein to the body of general knowledge regarding alliance formation. The eleven categories of hypotheses, from the most represented in the literature to the least, dealt with national attributes, war and alliances, economic systems, political fragmentation, balance of power, foreign aid, bandwagoning strategy, integrative process, gaming and alliances, balance of threats, and chain-gang and buck-passing strategies. Using the GCC as a case study, a total of 145 propositions were examined; 45 (31%) were operationalized. The national attributes category was the most applicable followed by balancing strategies, indicating that commonality among states and expediency are essential to GCC alliance formation. Whereas war and alliances is the next important category in the literature, balance of threats is more applicable because GCC members are disadvantaged in their military capabilities. A balancer was required to protect the status quo, a role which was fulfilled by the United States. Economic variables are fairly represented in the theoretical operationalization, indicating that the Arab Gulf states were utility maximizers. They employed oil, their sole significant collective good, to fulfill national objectives, internally as well as externally. In addition, the six states were among the leading countries in their gifts of economic aid. But the relationship between aid and alliance formation in the Gulf exhibits a stronger association with other states in the world, not among themselves. The GCC is an elitist undertaking, as measured by the high level of summits and ministerial meetings, with little popular participation and a lack of citizen contribution to the progress of the organization. This, in effect, slowed down the integrative process, which was the ultimate objective behind the creation of the Council. While political feuds and territorial claims have threatened to fragment the Council, the framers' overriding concerns about security and self-preservation have acted as unifying factors, guaranteeing the endurance of the GCC alliance to date.