This study seeks to flesh out a theory of national application of the European Convention on Human Rights (ECHR). It does so by seeking to provide an answer to the research question, ‘what is the proper role of the domestic courts in the application of the European Convention?’ By relying upon the examples of French, German, and UK law, the study argues that it is not true in descriptive terms, nor desirable in normative terms, that the domestic courts take an approach to the ECHR based upon friction and assertion of sovereignty. This study argues instead that domestic application of the ECHR is built on the attainment of certain aims. These aims are inferred, in the main, from the domestic courts’ jurisprudence, such as it relates to four central ECHR doctrines, and they are: the doctrines of evolutionary interpretation; proportionality; the margin of appreciation; and autonomous concepts. On the basis of an analysis of this jurisprudence, the four aims are identified as being, first, honouring the principle of pacta sunt servanda; secondly, the safeguarding of human rights based upon the insight that human rights are a paramount good to be pursued; thirdly, the aim of positive, as opposed to negative, rights diversity; and, fourthly, the aim that conclusions reached on the domestic level of one state must be capable of being universalized. The approach of the domestic courts to the application of the ECHR can be explained on the basis of the domestic courts’ wish to attain these four aims. The proper role played by the domestic courts, the study argues, is one in which they are willing to give a lead to Strasbourg as well as to be led, in both, to use the wording of the Preamble of the ECHR, ‘the maintenance’ and in the ‘further realisation’ of the Convention rights.

Constructing Arctic Sovereignty: Rules, Policy and Governance 1494--‐201 is a meta-narrative of the development of state sovereignty in the Arctic. It investigates the evolution of the rules of the international system over the longue durée, in so far as they frame Arctic sovereignty. It examines in particular the increasing importance of the legal dimension of territory and the transitions that have occurred with the introduction of new rules used by states to establish sovereignty. The thesis analyses the policy of the United States, Canada and Russia as they pursue their national interests in the region with reference to (and at times in contravention of) international rules and codes, and it situates governance within the framework of the international system as a mechanism for states to pursue their interests in the Arctic beyond their sovereign borders. This thesis makes an original contribution to knowledge through its distinctive methodology and theoretical approach, as well as through its analysis of primary materials. Using the pillars of a constructivist research framework including rules and interests over the longue durée to develop a meta- narrative of Arctic sovereignty, it situates contemporary Arctic foreign policy and governance within the evolving framework of the international system, identifying imperialism as a common thread in the relationship between the Arctic states and Arctic territory. It concludes that the expansion of sovereignty over this new territory represents the continuation of imperialism within the international system by states, perpetuating an asymmetric relationship that allows states to absorb this territory for the purposes of resource exploitation in the pursuit of national interests with international cooperation maintaining the primacy of the Arctic states within the region.

The tension between the Equidistance-Special Circumstances rule (articulated in the 1958 Geneva Convention on the Continental Shelf) and the Equitable Principles-Relevant Circumstances rule (declared in the 1969 North Sea Continental Shelf cases of the International Court of Justice) prevented the 1982 United Nations Convention on the Law of the Sea from stipulating a specific method for the delimitation of the EEZ or the continental shelf. For this reason, the role or status in maritime delimitation of the equidistance method, equitable principles, and relevant circumstances must generally be determined by reviewing the decisions of international courts and tribunals. The equidistance method has been employed in international case-law as a means of constructing a ‘provisional’ line. Analysis of international case-law also shows that the current rule governing maritime delimitation is the ‘achievement of an equitable solution’ in and of itself. The concept of equity in maritime delimitation is therefore only relevant to the equitability of the ‘result’ to be reached. Thus, the argument that equitable principles applicable to the examination of relevant circumstances are ascertainable and meaningful in maritime delimitation should be dismissed. Guaranteeing the equitability of principles or processes does not necessarily lead to the achievement of an equitable result. The remaining concept of significance to the delimitation process is that of ‘relevant circumstances’, which must be taken into account in order to reach an equitable result. The patterns or processes involved when the delimitation rule is applied by taking account of relevant circumstances are not predictable. The achievement of an equitable solution in maritime delimitation is preceded by the flexible consideration of relevant circumstances. The increasing importance of relevant circumstances to the delimitation of maritime boundaries is proven by two practical instances. One is the establishment of a single maritime boundary, which constitutes one typical maritime boundary; the other is the delimitation of the outer continental shelf, which has recently been included in international case-law. In brief, this thesis will show how best to arrive at an equitable solution by drawing attention to the demise of equitable principles and the dominant role of relevant circumstances. The clarification of taking into account relevant circumstances enables us more clearly to understand what is entailed in the task of achieving an equitable solution.

The United Nations has created an abundance of human rights treaties and declarations over the decades to promote a culture of human rights and to set normative provisions of human rights standards for all states to follow. This broad effort is supplemented by the work of regional human rights organisations, which aim to ensure implementation of these fundamental precepts, and to enhance its work to suit its regional circumstances, offering a protective source of jurisprudence at the domestic level. One such organisation, which this thesis examines, is the Arab League. In critically examining the history and the work of the Arab League, the study highlights the deficiencies in promoting and protecting human rights. In this context, this thesis critically examines the Arab League’s development and relationship with the wider international human rights apparatus. It provides a comprehensive overview of the system of the United Nations and its specialised organs that with the resolutions adopted helped the League establish its own regional human rights systems. It traces the history of the application of international human rights discourse in the Arab world. Accordingly, an attempt is made to conceptualise the universality of human rights in the region and the impact of the Shariah discourse. It then attempts to provide an analytic description of the Arab League and background to the region and undertakes an in-depth critical analysis of the structure of the League and assesses its impact in the region, all of which may have incentives to the League’s attempt to institutionalise, promote and protect human rights. The study considers the efforts made by the Arab Permanent Commission on Human Rights and its specialised agencies that ultimately led to the adoption of the Arab Charter on Human Rights (1994). After examining the limitations of the Commission and its work, the scope and structure of the revised Arab Charter on Human Rights (2004) is critically analysed. The study also examines and evaluates the legislative framework of the Arab Human Rights Committee (the Charter’s enforcement mechanism as per Art.45). A case study of the Syrian Arab Republic and the analysis of continuing violations of human rights in the region illustrate the deficiencies and limitations of the Arab League as a regional organisation.

Under the auspices of Article 10 of the European Convention on Human Rights the right to freedom of expression is said to be held by everyone and to include the freedom to hold opinions and to receive and impart information and ideas without interference by public authority, subject to the limitation clauses outlined in Article 10(2). Whilst the text of Article 10 therefore makes no explicit reference to specifically artistic expression, the European Court of Human Rights has, in its interpretation of ‘information and ideas’, nevertheless accepted that artistic expression does indeed fall within the ambit of Article 10’s protection of freedom of expression. However, despite the Court recognising artistic expression as a form of expression within the framework of Article 10, conclusions reached in the early case law concerning the issue of controversial artworks would appear to suggest the judicial creation of an implicit hierarchy of expression under which artistic expression is seen to enjoy a relatively low level of protection. Given the non-differentiated articulation of the right to freedom of expression enounced in the text of Article 10, the creation of such a hierarchy of expression is therefore a cause for doctrinal concern. In seeking to assess this misnomer the thesis’ analysis of the treatment of artistic expression under Article 10 of the European Convention on Human Rights may be distilled in to two component parts. Firstly, a theoretical basis will be established from which artistic expression may be located within the context of the discourse pertaining to freedom of expression more generally. Having confirmed that, whilst of a distinctive, sui generis nature, artistic expression may indeed constitute ‘expression’ for the purposes of freedom of expression doctrine the second part of the thesis will examine the particular question of artistic expression’s treatment under Article 10 of the European Convention on Human Rights.

A European consensus on the centrality of education for the guarantee and promotion of religious freedoms has emerged over the last two decades. Initially articulated in the human rights discourse of the European Convention on Human Rights and Fundamental Freedoms and subsequently elaborated through the Council of Europe’s Recommendations, Declarations, Research Projects and Reference Books, this frame of reference forms a normative and legislative basis for states in Europe. Long national traditions of particular approaches to the ‘protected spaces’ of religion and education, however, render the development of common policies and practices amongst states problematic. This thesis examines the impact of the European framework of freedoms of religion and education on states’ education systems. An important contribution to the scholarship of social constructivism and interpretivist studies, the thesis contextualizes the research question within the conceptual framework of Europeanization. The nature and extent of the Europeanization process are approached through the structured comparative study of two cases: France and Greece. The respective educational provisions towards religion classify these countries as two of the hardest critical cases in this area of Europeanization in seemingly opposing ways. The thesis utilizes discourse analysis of the key documents of national education, including an analysis of the crucial findings of field research that investigates the social reality of religious freedoms in the educational settings of the selected cases. The conclusions denote a discrepancy between a degree of ideational convergence in the national discourse and the discernible divergence that characterizes the practical approaches to religious freedoms in the education systems of France and Greece. The limited and differential impact of the European norms reveals the particular national factors that prove resilient to external forces of normative and policy change in the fields of religion and education. By challenging the views on the transformative impact of the European recommendations, the thesis critically raises the question on the reconsideration of the origins, the objectives and the limitations of the complex of religious rights norms in Europe.

The purpose of this study was to clarify the ambiguity in the law relating to the extended continental shelf in Article 76 of the 1982 United Nations Convention on the Law of the Sea. Another aim was to study the application of the law in a more focused part of the world, the region of East Asia, and in particular, Malaysia. The study also sought to propose solutions to issues relating to the extended continental shelf. The history of the law relating to the continental shelf, the codification of the law, and the enforcement of the law by the Commission on the Limits of the Continental Shelf is presented. Besides that, Article 76 was also thoroughly discussed in order to identify the problems involved. Besides that, the two biggest issues which determine the outer limits of the continental shelf are examined. These are issues relating to ridges and submarine elevations and the application of the foot of continental slope provisions. The study examined the problems involved with the legal and scientific interface found in Article 76 and addressed them by referring to the legislative history of Article 76, State practice and the practice of the Commission. The continental shelf in the East Asian region is also analysed in order to provide an overview of the continental shelf issues in the region. Special reference to Malaysia is made as a State that has made a submission on its outer limits of the continental shelf. A thorough analysis was made based on the findings made in this study. This study also explored possible solutions to the continental shelf issues discussed.

À la lumière du droit international, la présente thèse a pour objet de proposer une voie médiane entre l'exercice des droits de l'État sur les ressources naturelles, découlés du principe de la souveraineté permanente sur les ressources naturelles, et la protection des droits de l'homme de sa population (et notamment des populations locales et des peuples autochtones) affectée directement par l'exploitation de ressources naturelles. Ayant pour but de mettre en question la place actuelle du principe de la souveraineté permanente sur les ressources naturelles et de contribuer à la sauvegarde des droits de l'homme dans ce cadre, il sera proposé une relecture contemporaine du principe de la souveraineté permanente sur les ressources naturelles, consacré en droit international, il y a plus de cinquante ans, par la Résolution de l'Assemblée générale des Nations Unies 1803 (XVII) de 1962. Par le biais de cette relecture contemporaine, i! serait possible d'admettre que le principe de la souveraineté permanente sur les ressources naturelles peut conférer à État des droits relatifs à la jouissance de ressources· naturelles dans son territoire et, simultanément, des obligations relatives aux droits de l'homme dans le cadre de l'utilisation des ressources naturelles. / In the light of international law, this work aims at showing that there is an "intermediate way" between the exercise of State's rights over natural resources, issuing from the principle of State sovereignty over natural resources, and the protection of human rights of the State's population (especially local population or indigenous peoples) directly affected by the exploitation of natural ,esources. In order to question the current scope of the principle of permanent sovereignty over natural resources and to contribute to human rights protection in this context, our aim is to endorse a contemporary interpretation of the principle of permanent sovereignty over natural resources, recognized, more than fifty years ago, by the United Nations General Assembly's Resolution 1803 (XVII) of 1962. By this contemporary interpretation, it would be possible to conceive that the principle of permanent sovereignty over natural resources can confer to the State rights related to the enjoyment of natural resources in its territory and, at the same time, can confer obligations to such State related to the human rights of its population in the context of use of natural resources.

La tension entre la singularité de chaque individu et la dimension sociale de l’être humain est souvent réduite par le droit à une contradiction. Fondé sur la nécessité de protéger la dignité individuelle et les droits qui lui sont attachés contre les atteintes portées par la collectivité et ses institutions, le droit européen des droits de l’homme fait ainsi figure de rempart à la suprématie du groupe sur l’individu. Cependant, le développement de nouveaux systèmes régionaux de protection des droits de l’homme en Amériques et en Afrique fondés sur des traités moins empreints de l’antagonisme entre l’individuel et le collectif, ainsi que la multiplication de groupes sociaux prétendant détenir et faire valoir leurs intérêts, mettent en évidence la dimension sociale de l’individu et font entrer les intérêts collectifs dans la sphère juridique. Cette étude vise à rechercher si cette dimension est, à ce point, constitutive de l’humanité de l’individu que les intérêts que ce dernier détient conjointement et indissociablement avec tout ou partie ses semblables sont des droits de l’homme, qui devraient être consacrés et défendus comme tels. / The tension between the uniqueness of each individual and the social dimension of the human being is often reduced by law to a contradiction. European human rights law is seen as a bulwark against the supremacy of the group over the individual, as it is based on the need to protect individual dignity and the rights attached to it against attacks by the wider community and its institutions. However, the development of new regional systems of human rights protection in the Americas and Africa based on conventions that are less imbued with the antagonism between the individual and the collective, as well as the proliferation of groups claiming to have interests and to defend them, highlight the social dimension of the individual and bring collective interests to the legal sphere. This study aims to investigate whether this dimension is so inherent to the humanity of the individual, that the interests that the latter owns jointly and inseparably with all or part of his fellows are human rights, which should be enshrined and defended as such.