This thesis aims to construct a conceptual framework for characterising the relationship between duties to refugees and duties to fellow nationals. The need for such a framework is generated by the current impasse on the policy debate about the nature and scope of refugee rights. The thesis examines a range of liberal political theories to see if they can provide an adequate account, evaluating them on three criteria: normative desirability; practical feasibility; and internal coherence. The discussion criticises liberal theories on two levels. Firstly, it shows how liberal universalist theories raise a problem of moral motivation: they impose overly stringent ethical demands, and risk being counter-productive. Attempts to incorporate some notion of the significance of national ties or to justify a national social contract simply produce an incoherent amalgam of universalist and particularist premises. Secondly, the thesis argues that these problems reflect a more profound weakness in liberal theories of moral agency and motivation. Liberal theory relies on an assumed dichotomy between a personal and an impartial perspective. The moral agent is assumed to abstract from her personal characteristics to adopt an "ethical" view-point. This notion of impartiality is descriptively implausible, and produces a highly problematic rationalist theory of motivation. The thesis argues instead for an account that sees the agent as motivated by her personal disposition and community values to respect refugee rights. On this account there is no necessary conflict between particularism and duties to non-nationals. I develop this non-rationalist account by providing (1) a philosophical theory of motivation; substantiated by (2) a theory of the psychology of moral development. The thesis shows how this non-rationalist account is consistent with a substantive commitment to universal duties. Moreover, it fulfils the two additional criteria of internal coherence and feasibility, thus providing a superior conception of the relationship between duties to compatriots and to refugees.

This research details a series of questionnaire and experimental studies investigating the structure of unassertiveness and the link between unassertiveness and depression. Seven studies with sample sizes greater than 100, were carried out. Study one focused on the design and validation of a questionnaire to measure understanding of assertive rights and assertive responsibilities. Test retest, reliability, split half reliability, internal consistency, construct validity and content validity were found to be adequate. Study two validated an amended version of the above scale. Changes in scoring method resulted in increased reliability and validity. Study three replicated and expanded Chan's (1993) study and investigated the construct of assertion in a British population, the relationship between assertiveness and assertion related rights and responsibilities and how all of these factors related to emotional disorder. Levels of understanding of assertiveness rights and assertiveness responsibilities were correlated with depression, state and trait anxiety. A step-wise regression revealed the four factors of assertion related to high levels of depression and high levels of state and trait anxiety. Study four determined the factors of depression and their predictive ability of a lack of assertiveness. Depression was factor analysed and a step wide regression demonstrated that only cognitive factors were predictive of a lack of assertiveness. Study five focused on the design and psychometric testing of a scale to measure the presence of cognitive distortions. The data collected was used to demonstrate the same forms of validity and reliability found in study one and two. Study six considered the possibility that the cognitive components of depression proposed in the literature are also present in those who lack assertiveness. Both experimental and questionnaire techniques are implemented. Stroop testing was utilised to assess attention biasing, computerised free recall memory tasks were used to assess memory biasing and cognitive depressive aetiology were assess by questionnaire. Comparisons were made between a high depression group, a low depression group a high assertion group and a low assertion group. The results demonstrate that episodes of unassertiveness are generated by an interaction between continual unassertive specific life experiences and a critical unassertive related incident. The continual presentation of negative assertion related incidents throughout life generates the activation of dysfunctional assertion related attitudes, which in turn generate and are maintained by a negative cognitive triad. Study 7 is a clinical trial, which looked at the components of study 6 in a population of 30 individuals who had been diagnosed unassertive by a clinician and were participating in an assertion training class. In this study the participants were tested before and after an assertion training course, to assess the changes that occur as a result. of assertion training. These finding corroborate that the factors found in study six generalise to a clinical population. These studies have highlighted that unassertiveness has a greater cognitive emphasis than previously thought. As a consequence of these findings a cognitive model of unassertiveness is presented.

The thesis concerns itself with the fundamental rights of ethnic, religious and linguistic groups in contemporary international law. The rights outlined are to be found in multilateral treaties and general or customary international law. The first right identified is the right to existence which is principally associated with the Genocide Convention 1948. The second right outlined is the right of individuals belonging to minorities to an identity in cultural, religious and linguistic terms. This right is found in treaties rather than general customary law. The principal vehicle for the right to identity is Article 27 of the United Nations Covenant on Civil and Political Rights. The relationship between this right and the right of individuals not to be discriminated against on grounds of race, language or religion is a major focus of the text. The rights of indigenous and tribal populations are also discussed: in addition to being in most cases minorities in their States, these populations have been the subject of specific action mainly in the International Labour Organisation. They are therefore entitled to all the rights of minorities as well as those rights specifically drawn up in their favour. The thesis commences with an outline of the legal and philosophical problems raised by the existence of minorities and indigenous populations and discusses the history of the protection of minority groups by international law, culminating in the League of Nations regime for their protection. A consistent theme running through the work is the relationship between individual and collective rights in international law and the conclusion of the work attempts to characterise international law in this respect, and to forecast the direction which the law will take in the future.

No description available.

published_or_final_version / Social Work / Master / Master of Social Work

published_or_final_version / Philosophy / Doctoral / Doctor of Philosophy

published_or_final_version / Law / Doctoral / Doctor of Philosophy

published_or_final_version / Philosophy / Doctoral / Doctor of Philosophy

Research has demonstrated that the effects of intellectual property right (IPR) protection on firm research and competitive strategies are varied. This dissertation quantifies the dynamic effects of IPR protection along different dimensions. First, I show that countries choose different levels of IPR protection and develop a model to replicate these differences. This model enables me to assess the quantitative effects of trade, as well as the welfare impacts of global harmonization to a single IPR standard. Second, I explore whether IPR protection in the US is too strong. I develop a model in which firms make production and innovation decisions conditional on endogenous technological spillovers. I fit the model to key moments from US data and show that weakening patent protection is welfare decreasing. Thirdly, I show that changing US IPR standards during the 1980s had little real effect on the US Semiconductor industry vis-a-vis exogenous changes in market demand. / text

No description available.