The legal framework for the return of internally displaced persons during situations of armed conflict : A colombian case studyCantor, David James January 2010 (has links)
Existing international law practice and scholarship on the return of internally displaced persons (lOPs) is predicated upon a 'Balkan paradigm' in which lOP returns occur within a post-conflict setting defined by effective State enforcement of the rule of law. Nowhere is the influence of this paradigm more evident than in the United Nations (UN) Guiding Principles on Internal Displacement provision that deals with return. Yet, even as this UN framework becomes increasingly important in making and interpreting international law for the return of lOPs, the underlying paradigm remains rooted in the particular features of the post-conflict Balkans. To create an effective counterpoint to this partiality, the thesis draws upon the data from my year's field research in Colombia in 2007 to analyse lOP returns in this context of protracted armed conflict and attenuated State control. It finds that the Guiding Principles returns framework is interpreted by Colombian law to emphasise the exclusive agency of the State military as the guarantor of returns. However, distinct from any legal standards, the other parties to the conflict each apply their own normative frameworks for the return of lOPs. In practice, these overlapping and competing frameworks provide an important alternative basis for returns by lOPs. This study concludes that, in their current form, the Guiding Principles have limited utility as a framework for lOP returns during extended armed conflicts such as Colombia, suggesting that a redrafting is required. Moreover, by shifting attention towards the normative frameworks that structure lOP returns in practice, this work provides a platform for constructive humanitarian engagement by the international community in lOP returns during such conflicts. In these ways, this thesis illustrates not only the limits of the Balkan paradigm but also possibilities for moving beyond them to construct a more coherent framework for the protection of returning IDPs.
This thesis explores the relation between control and cross-listing. Recent research found that countries in the common law system have good shareholder protection and encourage dispersed control. In contrast, countries in the civil law system provide weak protection of shareholders' rights and thus concentrated control arises in these countries. Accordingly, changes in the legal environment via cross-listing may affect the subsequent control structure. This thesis examines whether initial control determines the cross-listing location (civil law vs. common law markets) and the implications of the cross-listing for the future control structure. Our univariate analysis reveals a decline in control concentration for civil law companies that cross-list on common law markets and for common law companies that cross-list on common law or civil law markets. The results for civil law companies that cross-list on civil law markets show that the smaller large shareholders are more likely to decrease their voting power significantly after the cross-listing while there is no statistically significant decline in the largest shareholder's voting stake. We also estimate a logit to predict whether control pre cross-listing affects the choice of the cross-listing on civil law versus common law markets, after accounting for the classical motives for cross-listing. We find that a higher control concentration before the crosslisting increases the likelihood to cross-list on common law markets. This finding is a contribution to the cross-listing literature. In addition, we find that companies that have a large market capitalisation relative to their home market, low leverage and low share turnover are more likely to cross-list on common law markets. We also find that companies from countries with good accounting standards and good enforcement of laws tend to crosslist on common law markets. We specify an econometric model explaining whether the control structure after the crosslisting is influenced by the legal system of the cross-listing location. We do not find evidence that the control post cross-listing is affected by the legal rules of the host country. Instead, the control post cross-listing is mainly explained by company characteristics. This is consistent with the argument that efficiency considerations are the main determinants of the ownership structure. We also find that the better the quality of accounting standards in the home country, the lower is the control concentration. Our main conclusion is that the legal system of the host country is not the main factor that influences the control after the cross-listing. Instead, our findings reveal that the optimal control structure is chosen to reflect the company characteristics. Our findings contribute to the cross-listing literature by introducing a new motive for cross-listing, i. e. the control structure. Also, our results contribute to the literature on the link between performance and control by confirming that control is endogenous and not exogenous.
Brown, Jennifer Lesley Brown
This dissertation looks at the nature, role, use and evolution of contracts in classical Athens, the legal provisions relating to their use and the remedies, both formal and informal in the case of non-compliance. It begins by examining and evaluating the evidence available to support the study. Chapter 2 then establishes that the concept of contractual agreements was known to the Athenians and used in a variety of fields. Via a comparison with other legal systems and the use of oratory it identifies the key criteria that define an Athenian view of a contract. In Chapter 3, the laws relating to contracts and their operation are drawn together: we note the absence of caveats and prescription, and the special procedures for maritime contracts. An examination of the language and structure of contracts (Chapter 4) reveals a lack of technical language and a high degree of convergence between contracts for differing purposes, concluding that contracts were normal in every day life. Chapter 5 looks at the capacity of individuals to enter contracts, the differences between theory and practice and whether the modem concept of agency operated in practice in such circumstances, even if not defined as such by the Athenians themselves. The evolution of written contracts and the reasons for using written or unwritten contracts are examined in Chapter 6, Chapter 7 discussing the security and storage needs of written documents. The final chapter (8) examines sanctions for breach of contract. These encompass the standard legal methods and informal sanctions which require no recourse to law: the latter act as forces for compliance, drawing on the bonds that bind together 'closed' societies whose trading existence depends on a high degree of trust and integrity. The thesis concludes by drawing together the findings and suggesting areas for further study.
An action's illegality can be irrelevant to a reason not to perform it. A plausible example of a reason not to assault is that assault causes suffering. Since assault is illegal, the reason pertains to a legally proscribed action. Still, assault's illegality is irrelevant in this case: the reason would pertain (assault would cause suffering; we would have reason not to assault) even if assault were not legally proscribed. On the other hand, it appears that a reason can be one that derives from the interposition of law. This thesis is about reasons of this second type (legal reasons). In particular, it is about their formal features. For example, it is about their individuating conditions (when are p and q two legal reasons rather than one?) and about how legal reasons can be second-order rather than first-order (what follows when p is a reason not to have another reason figure in deliberation about action?). Most particularly, however, it is about their identity conditions (if p is a reason, when and only when is p a legal reason?). I argue against three widely-accepted claims about the nature of legal reasons: (i) p is a legal reason only if p is a content-independent reason (chapters 5 and 6); (ii) if p is a legal reason to ¢, p could be a complete reason to ¢ or a part of a complete reason to ¢ (chapters 2, 3 and 4); (iii) a legal reason p has a significant formal feature when p is an exclusionary reason (chapter 8). I also argue that one argument to the conclusion that analytical jurisprudence must pay special to attention moral legal reasons - an argument seen in recent work by R.A. Duff - is unconvincing (chapter 7).
While the merits of counterinsurgency ("COIN") as a strategy for fighting modem war remain hotly debated, the interaction of law with COIN has received less attention. This thesis tracks international law's role in the construction of modem United States ("U.S.") COIN doctrine and assesses how international law's doctrinal interaction has held up downrange in Iraq and Afghanistan. In doing so, it responds to empirical and causal voids that persist in debates about international law's function in world politics. I argue international law has played an important but underappreciated role in designing and prosecuting modem U.S. COIN doctrine, specifically, Field Manual 3-24, Counterinsurgency, released by the U.S. Army and Marine Corps in December 2006 ("FM 3-24"). I suggest international law's influence can be understood, individually and collectively, through three pathways: in the ideational pull of the rule of law; in international law's capacity to demonstrate and articulate legitimacy; and in the mandatory consequences of international law's interaction with domestic law. The emerging claim is that the U.S. has approached legitimate warfare in increasingly legal terms, which has had implications for the use of force, detention operations, and the overall construction of the military campaigns in Iraq and Afghanistan. My research draws on FM 3-24's drafting history, interviews with its writing team, field documents, and interviews with military officers of various ranks who have served multiple deployments in Iraq and Afghanistan.
KICS : representation of regulatory information and the use of case-based reasoning to support the relaxation processYang, S. A. January 1995 (has links)
This thesis presents a case-based reasoning system (KICS) which can assist domain experts in interpreting building regulations in relaxation cases. In traditional legal decision support systems, it has been regarded as natural to represent legal rules in statutes in terms of If-Then decision rules and to link these rules to a separate case-based reasoning system for handling cases. However, we take a view that legal rules in the statutory regulations are the results of accumulation and generalisation of rulings made in case histories and this has led us to a unified case-based approach to handle both statutory regulations and cases. First, we propose a unified case-based model of regulatory information. In this model, regulatory information, i.e., legal rules from statutes and precedent cases, are represented as <I>models, </I>and interpretation hierarchies of legal rules are represented as abstraction hierarchies of models in the Model Knowledge Base. Actual cases are stored in the case Library together with arguments debated. Background domain knowledge used in classifying input cases are represented as semantic networks and heuristic rules in the Domain Knowledge Base. Second, we propose to use case-based reasoning to access and maintain regulatory information. Models relevant to the input case are retrieved by identifying the level of abstraction at which the input case is described and by selecting models similar to the input case. If the input case is not compliant with the retrieved models, principles behind retrieved legal rules and previous similar cases are explained to the user and ask whether relaxation can be granted. Decision on relaxation is made by the user, and rulings made in cases in which relaxation is granted are acquired by generalising them and (if possible) combining them with existing models in the abstraction hierarchies.
Walker, D. M.
No description available.
A contemporaneous assessment of patent law with particular reference to biotechnology and its impact upon morality and access during commercial exploitationYoung, J. A. January 2008 (has links)
Responses to contradictory objections to biotechnology patents have in the main been applied through validity requirements and exclusions to patentability, largely with reference to morality provisions at the time of grant. This is not appropriate because the legitimacy of each issue depends upon its expression at different stages within an innovation time line. This thesis examines, with reference to three case studies, defects in the current approach of European Patent law, which arise in part due to confusion in (or fusion of) objections to inventions as opposed to exploitation. The conclusion suggests that it is not the grant of patents per se that causes difficulties but rather the way in which inventions are exploited and patent law should be focused accordingly.
Harmonised law and facilitation of credit with special reference to the unidroit convention on international factoring and the UNCITRAL convention on the assignment of receivables in international tradeAkseli, Nazmi Orkun January 2006 (has links)
The thesis aims to explore the differences between the two Conventions namely the Unidroit Convention on International Factoring and the UNCITRAL Convention on the Assignment of Receivables in International Trade and the effects of American and English laws on these Conventions. In this connection, apart from introduction and conclusion chapters, the thesis contains chapters examining harmonisation of secured transactions laws, applicability policies of these two Conventions, formal validity of assignments under these Conventions, party autonomy provisions, absence of positive liability, debtor protection issues, assignments of bulk and future receivables, anti-assigriment provisions and priority issues. The thesis includes four appendices. These are the texts of the UNCITRAL and Unidroit Conventions, a chart describing the variants on applicability of the UNCITRAL Convention with regard to priority and the current status of these Conventions. The thesis also includes bibliography, table of cases comprised of cases from different jurisdictions and table of contents.
The embryo has become much more important as a concept than as the physical matter of which it is made. It is a tricky subject for discussion. It is a vague and in many ways ambiguous entity. In my analysis, rather than taking this as the conclusion for how it is we understand embryos, I have taken it as the starting point. I take a 'constructionist' approach to the embryo and tease out the ways in which the embryo can be important. The analysis focuses on two specific ways in which the embryo can be understood. The first of these is the moral significance attached to the embryo as it exists within the broader category of 'the unborn'. The second is the relationship between embryos and future people. In considering these two issues I have provided an account of how we might evaluate regulation for the 'reproductive' embryo, and provided a theoretical framework within which future analysis can take place. Any regulation of what we can do to the human embryo will often find itself based on shaky and uncertain moral and legal ground. The aim here is to take different concepts that are used in both law and ethics and seek to tie these concepts into a whole-scale picture of the embryo.
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