Contemporary armed conflicts, especially civil wars, create massive displacements. Well defined and effective protection mechanisms are necessary to make sure the displaced persons receive adequate protection and states receiving the influx are able to cope with the pressure. Not all persons displaced by an armed conflict can be protected within the Convention Relating to the Status of Refugees, but states have an obligation under customary international law to provide refuge to persons fleeing persecution, torture and immediate harm to their life and physical integrity. This thesis demonstrates that temporary protection can provide a viable framework to respond to large scale influx of persons fleeing armed conflict that will cover the protection gaps in the 1951 Convention and the state obligation to provide refuge. Temporary protection is not new and it has been used in the past by states in response to mass population movements. However, the legal basis of temporary protection is not clear. There is no structured legal framework regulating temporary protection at an international level and there are very few legal instruments providing states with guidance on how to introduce and implement a temporary protection regime. Addressing these issues, this thesis clarifies the legal basis for temporary protection, identifies the elements of a viable temporary regime and makes a comprehensive analysis of different temporary protection practices. Building on these assessments, this thesis offers guidance on how to introduce and implement a temporary protection regime which operates within the boundaries of international law and human rights without compromising the elements that make it a practical and efficient framework to cope with mass influx situations. By following the proposed guidance, states can introduce and implement a practical and efficient protection regime that ensures the fundamental human rights and freedoms of persons fleeing armed conflict.

This thesis aims to shed light on whether international human rights law influences State behavior. Although the international normative framework expands, it is unclear to what extent and why States comply, or not with it. Compliance theories, mostly developed by international relations scholars, have tried to explain this. While some studies have focused on international human rights law, very few have been devoted to compliance with international human rights judgments. Hence, a research gap exists in this respect, and it is unclear whether compliance theories can explain the implementation pattern in such situations. To address this lacuna, the level of implementation of the reparation measures III the disappearance cases issued by the Inter-American Court of Human Rights is assessed based on its compliance resolutions as a first step, followed by a compilation and analysis of information as to the factors that can explain this compliance level. As such information is not readily available in the resolutions and existing research with regard to the particular cases reviewed here, data collection has been carried out in the form of qualitative interviews with key stakeholders. This research particularly considers two case studies: Colombia and Peru, both of which have a considerable number of disappearance cases decided by the Court but represent different national contexts with different factors that can affect and explain compliance. The factors are then tested against the different compliance theories and it is demonstrated that a combination of theories is needed to explain compliance. However, this research shows that the majority of factors that explain compliance are connected to the role domestic actors.

As debates in relation to the status of social and economic rights move to considerations of whether justiciability is the appropriate means for their adequate protection, a trend towards constitutionalisation is emerging in international, regional and domestic systems. Ireland, remaining relatively insulated from this evolution has steadfastly refused to constitutionalise social and economic rights, despite having ample opportunity to do so. Generally, international law is inapplicable in Irish courts and therefore has little impact on the furtherance of human rights within the domestic judicial system. The European Convention on Human Rights, having been transposed into national law, is uniquely placed to influence the development and protection of fundamental rights. From its earliest cases the European Court of Human Rights refused to definitely exclude social and economic rights, confirming the interdependence and indivisibility of all fundamental rights. It has continued to expansively interpret the textual rights of the Convention as including within its ambit, social and economic rights; an approach entirely at odds with the Irish interpretation of similar rights contained with the Constitution. The European Convention on Human Rights Act 2003 places a positive obligation on the court to interpret law in so far as is possible in a manner compatible with the Convention. This thesis determines whether the obligations placed on the courts by way of the European Convention on Human Rights Act 2003 could potentially result in the indirect constitutionalisation of social and economic rights in Ireland.

Currently mired in controversy, the European Court of Human Rights and the Convention itself have come in for stern criticism from a diverse array of stakeholders. Of particular controversy is the Court’s utilisation of the Living instrument doctrine, which it first expressly recalled in its 1978 Tyrer v. UK decision. Confusion has continued to surround how this doctrine came about and its potential to allow the Strasbourg Judiciary to cross over the constitutional separation of judiciary and legislature. However, while the substantive idea of the Convention as a living instrument capable of evolving with European Society is legitimate, confusion still exists about how it operates and to what extent it might be used to alter existing Convention Standards. This study sets out that at the heart of this modern legitimacy crisis in the Convention system is a failed dialogical model of the Convention institutions. However, clearer explanations and a better understanding of appropriate roles of the various institutions and improved channels of dialogue may lead to a more accepted Convention system and act to calm some of the conflict surrounding the Convention today. After examination of various aspects of Convention law and practice the eventual argument is that the current crisis is largely one of failed dialogue between Convention stakeholders and is best address through an improved understanding of and discovery of European Consensus.

Over the past thirty years, Indigenous Peoples have turned to international human rights law (IHRL) to help secure the return of their cultural property. In 2007 the United Nations [U.N.] passed the Declaration on the Rights of Indigenous Peoples [UNDRIP] which offers at Article 11(2) that: ?States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural ? property ?.? Using a discourse analysis that relies heavily on U.N. documentation, after exploring the inadequacies of the traditional framework for the protection of cultural property, this thesis traces Article 11 from its origins at Draft Article 12 to its present form revealing that its contextualization in IHRL caused it to suffer a serious retrogression; a retrogression that allows it to step back and fit comfortably within existing IHRL thereby offering no real change regarding the restitution of cultural property. In turn, the remainder of this thesis focuses on what underpins this retrogression. It posits that at the micro-level the retrogression of Article 11 stemmed from links between cultural property and traditional property concepts and self-determination; while at the macro-level Article 11 suffered from the specter of sovereignty. In particular it concludes that as a consequence of this retrogression, the contextualization of the issue of the restitution of cultural property to Indigenous Peoples in Article 11 in IHRL represents an irony in the use of international law while it more broadly concludes that this is the result of the structural incapacity of IHRL to support such a claim at present. However, ultimately not all is gloom and doom; a dialogical space exists at the international level which holds promise for the future of indigenous advocacy to secure such a sui generis right to the restitution of cultural property for Indigenous Peoples.

This thesis focuses on the interim protection of the individual in the Community legal order. An analysis will be made of the avenues available to individuals for requesting interim relief when a case is brought before the European or the national courts. An extensive examination of the relevant case law will be performed to reveal what appears to be an evolving concept of the individual's interim protection in the European Community structure and to suggest any possible changes in order to guarantee an effective remedy of interim relief Therefore the analysis starts with the examination of applications for interim relief before the European courts, as provided by Article 242 and 243 EC Treaty. In order to comprehend the function and effectiveness of interim relief it is essential to illustrate the nature of such protection in a European legal system. Furthermore through an exhaustive number of cases it is going to be clarified, whether the conditions for interim relief provided by the Treaty focus on the protection of the individual's Community rights or whether the European courts have minimised the number of successful applications for interim relief This thesis then proceeds by analysing in detail the complex situation where individuals seek to protect provisionally their Community rights before a national court. This research begins by outlining the extensive case law of the ECJ on the judicial protection of Community rights before national jurisdictions. It continues by examining in depth the important cases of the European and national courts (Factortame, Zuckerfabrik, Atlanta), which developed the concept and the conditions of interim relief before national courts. Through this analysis it is going to be shown that it is difficult to suggest that the individual's protection before national courts has been effectively prompted.

In this era of globalisation, Transnational Corporations (TNCs) operated in an accountability gap that is often leaving these entities largely unregulated in the context of human rights. While globalization has facilitated growth for such entities by lowering legal, financial and technical restrictions, a failure to agree an overarching protection mechanism and the weaknesses in current protection mechanisms creates a vacuum. This vacuum primarily exists due to inadequate legal and regulatory regimes in host states that are developing countries, and who need and seek such investment; and the general difficulties concerning the weak enforceability of international law. As a consequence, TNCs could and do commit grave human rights violations while avoiding scrutiny despite the existence of a few international, regional and institutional instruments that could hold them accountable. The efforts to fill the regulatory vacuum in which TNCs function have taken the form of ‘soft-law’ instruments, however, their purely voluntary nature and purpose in encouraging TNCs to oblige rather than holding them legally accountable appears inadequate in promoting and protecting recognised principles of human rights law. Under international law victims of corporate human rights abuses, just as any other types of victims, have the right to access an adequate remedy through recourse to judicial remedies where other informal or administrative remedial schemes are insufficient. Having an efficient and fair justice system in developing host states for the victims of corporate human rights abuses is key to ensuring access to an adequate remedy. The thesis aims at examining the role of various courts at international, regional and domestic level; in the intergovernmental, home, as well as in the developing host state, to remedy and punish human rights violations by TNCs. The reasoning underpinning the examination of judicial scrutiny acknowledges that such authorities are not an ideal forum for improving human rights mainly due to problems that prevent full access to such legal remedies. However, the existence of judicial systems and effective remedies stemming from them is nonetheless believed to remain the essential, if not an effective forum based for victims seeking redress for corporate human rights abuses. This thesis also explores the question as to adequate forum for accountability, assessing efforts made in ‘home’ states where the TNCs are headquartered, and in ‘host’ states, where they operate, and where, practice shows, many of the unremedied human rights violations persist. Although, the emphasis for host states is on potential accountability. The study uses Nigeria as case study to assess the extent of human rights violations by TNCs in developing host states, how these entities have been dealt with by the courts at domestic level, in a bid to highlight the challenges hindering access to effective remedy and justice. It proposes as a recommendation that developing countries undertake deep structural reforms, alongside vigorous involvement of several actors, including the state, related agencies, the judiciary and public interest organisations.

Despite substantial progress, gender inequality is still endemic in many regions around the world, particularly in Muslim countries. This constitutes a main obstacle to human development. At the international level, various instruments have been adopted in order to improve the situation of women, such as the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and particularly the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). These conventions are important tools to advance the rights of women across the world. Amongst other international instruments, the UAE has ratified these conventions in order to demonstrate its commitment to women rights. Nonetheless, the UAE has repeatedly been criticised by the Committees of the CERD and the CEDAW and other non-governmental bodies for failing to meet the requisite international standards. Whilst the UAE has embarked on a modernisation programme several decades ago and has adopted a national strategy on the advancement of women and has created various national mechanisms and has made considerable progress in empowering women, there still exist some issues which impede gender equality. It is against this background that the research ascertains what impact the ratified human rights conventions have had in the UAE and how the UAE meets its international gender equality obligations. The objective of the research is therefore to critically assess to what extent the UAE has enabled women to enjoy political rights, as well as other rights affirmed by international women rights instruments and to analyse the impact which major international conventions, which the UAE has ratified, have had, as well as relevant national laws, policies and initiatives. A doctrinal analysis was critically conducted and socio-legal research was also considered. Additionally, a mixed method approach was adopted. Interviews were conducted with 14 respondents from the Ministry of the State for National Council Affairs, the Ministry of Health, the Ministry of Interior, the United Arab Emirates University, the Ministry of Foreign Affairs, the Ministry of Justice, the United Arab Emirates National Committee to Combat Human Trafficking, the Emirates Human Rights Association, UAE non-profit bodies, the General Women’s Union, the Ewa'a Shelter for Women and Children, the Family Development Foundation Abu Dhabi and the Dubai Foundation for Women and Children. Furthermore, two surveys were conducted with 427 female Emiratis and non-Emiratis, who live in the UAE. The research generally confirmed the literature. The findings highlighted that ratification constituted the logical conclusion of a long standing started state policy to promote gender equality. However, whilst much progress has been made in the economic and educational realm and to some extent in the political sphere, issues still persist in the private and family realm. Yet over time, the existing issues are likely to disappear, particularly in light of the fact that women are now much more educated, which will inevitably change their economic role and result in more public participation over the next years. Nonetheless, it is important that further legal reform takes place in order to combat androcentric and patriarchal interpretations within the law.

This research investigates the right to a fair trial within a reasonable time within the Saudi Arabian criminal justice system. The European Convention on Human Rights 1950 (ECHR) has been used for comparison and as an aspirational model, and the thesis uses the English criminal justice system as an exemplar. The hypothesis of this thesis is that Saudi Arabia does not at present fully meet the aspirational norms of international human rights regarding this right, and that a study of how the right has been developed by the European Court of Human Rights (ECtHR) and applied by the English courts may prove fruitful for would-be reformers in Saudi Arabia. As such, the study strives to offer a comprehensive assessment of the right to a fair trial within a reasonable time in the Saudi Arabian legal system. Saudi Arabia’s recent enactment of the Law of Criminal Procedure 2013 (LCP), the Law of Procedure before Shariah Courts 2013 (LPBSC) and other reforms of the criminal justice system demonstrate its commitments to streamlining its system to meet international expectations. Despite these reforms, Saudi Arabia continues to experience troubling criminal prosecution backlogs and trial delays. The ECHR has been chosen for comparison because it complies with the Universal Declaration of Human Rights 1948 (UDHR), and because the ECtHR plays a key role in ensuring signatory states’ compliance with the Convention. England has been selected as an exemplar because of its strong, historic common law system and its constitutional history. The study uses comparative analysis to identify the strengths and weaknesses of Saudi Arabia’s legal system and to make recommendations for strengthening the right to a fair trial within a reasonable time so that the application of this right in Saudi Arabia satisfies international aspirational norms. The Saudi Arabian domestic legal system is not as flexible as England’s. Its system requires gradual modification that will be achievable through the implementation of the Arab Charter on Human Rights 2004 (ACHR) standards. Saudi Arabia can also make good progress in its human rights laws by establishing independent institutions to oversee the realisation of fair and expedited trials.

The world’s freshwater supplies are squeezed by rapidly increasing demand, the impacts of global climate change and unsustainable management. Given the fact that water is the gossamer linking various other security issues – e.g., energy, food and environment – it seems obvious that ‘business as usual’ in transboundary water management will threaten future global stability and endanger the very foundation of international security. Yet, the much needed radical new approach is missing. This is mainly due to the fact that addressing water insecurity is a highly complex task where multilevel and polycentric forces must be balanced and coordinated. The absence of law in much of this emerging debate highlights the necessity for further understanding and elucidation, especially from the legal perspective. This PhD thesis aims to add to the discourse by providing a fresh conceptualisation of water security and developing an operational methodology for identifying the four core elements of water security – availability, access, adaptability and ambit – which must be addressed by international law. The analysis of the legal framework of transboundary freshwater management based on this contemporary understanding of water security reveals the challenges and shortcomings of the current legal regime. In order to address these shortcomings, the present mindset of prevailing rigidity and state-centrism is challenged by examining how international legal instruments could be crafted to advance a more flexible and common approach towards transboundary water interaction. Here, the concept of considering water security as a matter of ‘regional common concern’ is introduced to help international law play a more prominent role in addressing the challenges of global water insecurity. Ways for implementing such an approach are proposed and analysed by looking at international hydropolitics in Himalayan Asia. At a time when international environmental law is said to be losing relevance, the growing complexity and interdependence between states demands a break with the prevalence of thinking in silos and within national borders. This PhD thesis analyses transboundary water interaction – the fault line of international conflict in the 21st century – as a ‘case study’ for advancing public international law in order to fulfil its responsibility of promoting international peace and security.