This thesis examines the legal protection of public employees who are HIV-infected or have AIDS in Canada and the United States. Emphasis is placed on the dealing with mandatory HIV-testing schemes in each country. To this end, the first section presents medical facts about the disease itself, the transmission risks, and testing methods as ethical considerations about HIV-testing schemes. The second section addresses the protection standards guaranteed by the Constitution of the United States and compares them to the standards set out by the Canadian Charter of Rights and Freedoms . Finally, the third section compares protection offered under the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Canadian Human Rights Act.

The current situation regarding the accountabilty of transnational corporations, using the lawsuit of the Herero community of Namibia against two German corporations that were involved in the German colonial enterprise that killed approximately 80% of the Herero tribe was explored.

The Right to leave and return (RLR) has been affirmed as a fundamental human right in several international instruments. While being a fundamental human right, each State has the sovereign right to regulate RLR in accordance with its own laws. The regulation of RLR, however, is not only an attribute of sovereignty but an issue with important political, economic and security implications for the State. Given its significance, it is understandable and desirable that States regulate RLR. The regulation must however take account of both the interests of the State and the human rights dimension of the right. This is an issue of balance. In the case of China, the country's communist political system has significantly affected the development of RLR and the country's approach to it. As a rule China's approach is restrictive. As part of its reform and 'opening up' policies, China has embarked on a range of reforms to liberalise RLR, but the reforms lack cohesion and focus, and remain restrictive. Given its peculiar past and complex social and economic conditions, China may have some justifications for its approach, but on balance, has more to gain from adopting a more liberal approach. The issue of RLR in China is crucial both for the future of China, and for development of RLR in the world. China's current policy's on RLR still reflects a closed culture. A more open policy is not only consistent with international human rights norms, but also a useful infrastructure for the country's place in the global economy. Great achievements over the last 25 years and encouraging developmental trends demand acceleration of reforms to protect RLR in China. A careful and well-coordinated migration strategy with a well-defined RLR focus could enhance China's economic progress as well as its international human rights image. When designing the reform strategy, the balance of the Western experience and Chinese realities needs to be finely kept. This thesis will explore the Chinese regulatory regime governing RLR to determine its consistency with international standards. The thesis is divided into 15 chapters. It investigates RLR in international migration law and practice; analyses RLR in the context of China, and identifies its driving factors; investigates the conditions and practical concerns relevant to the protection of RLR; and concludes with recommendations on how the Chinese regulatory regime governing RLR can be improved.

In contrast to their history of rebellion and hostility to the Iraqi state since its creation in the 1920s, since the removal of Saddam's regime the Iraqi Kurds have been involved in 'rebuilding' the country. Determining the future of the disputed areas of northern Iraq is the main reason behind this Kurdish involvement and it is one of the two Kurdish objectives in Iraq. The other is the quest to establish an independent state of Kurdistan. The relations between the two objectives are particularly complicated, as are the Iraqi and Kurdish issues. On the one hand it is difficult to imagine that the Kurds will declare an independent state without Kirkuk, or if they do so it is unclear how that state could be economically viable. On the other hand, it is hard for the Kurds to convince others to help solve the sensitive issue of Kirkuk if they assert their claim for independence. In other words, control of Kirkuk and independence are inseparable elements of the Kurdish strategy, but the former will guarantee the success of a Kurdish state whereas asserting independence would jeopardise the control of Kirkuk if it was the Kurds declared strategy in the present situation.

Thesis (LL. M.)--University of Toronto, 2004. / Adviser: Denise Reaume.

Thesis(M.A.)--Auburn University, 2006. / Abstract. Vita. Includes bibliographic references.

Thesis (Ph. D.)--University of New South Wales, 2005. / Includes bibliographical references (leaves 446-504). Also available online.

Univ., Diss. u.d.T.: Tortell, Lisa Ann: The monetary remedy for breach of constitutional rights in the United States, India, New Zealand, and the United Kingdom--Oxford, 2002.

Thesis (M.A.)--Georgia State University, 2008. / Jacqueline A. Rouse, committee chair; Akinyele K. Umoja, committee member. Electronic text (100 p.) : digital, PDF file. Description based on contents viewed Nov. 19, 2008; title from file title page. Includes bibliographical references (p. 96-100).

Thesis (M.A.)--Georgia State University, 2008. / Title from file title page. Jacqueline A. Rouse, committee chair; Akinyele K. Umoja, committee member. Electronic text (100 p.) : digital, PDF file. Description based on contents viewed November 25, 2008. Includes bibliographical references (p. 96-100).