This thesis explores how an action research approach based on a critical systemic perspective can benefit the practice of mediators in dealing with issues of justice during mediation processes. First, methodological reflections on critical systems thinking are presented, and a new development is proposed based on the ethics of Levinas. Also, a new synergy of methods and tools is developed. This brings together boundary critique, action science, statistics, system dynamics, alternative dispute resolution games, and interviewing. A description is then provided of how the methodology was used at a Colombian mediation centre. Here, the staff members and the author began the transformation of their professional mediation practice by reflecting on alternative perspectives on how they currently deal, and might deal in the future, with issues of justice. A critique was developed of several basic assumptions that are deeply ingrained in the mediation literature of the English speaking countries of the western world - in particular, that disputants are primarily concerned with their own private interests, and that mediation should therefore be considered successful if these interests are satisfied. In the mediation centre studied, most disputants prioritised justice principles over personal gain. Additionally, a new way of organising the interpretations of mediation presented in the literature is developed that can help mediation practitioners to be more conscious of the assumptions informing their professional practice. Finally, drawing upon both a literature review and the action research results, reflections are provided on the relevance of the notion of justice to mediation practice.

This thesis is about a special form of asylum, which is uniquely found in Greece. Besides all other forms of asylum such as ecclesiastical sanctuaries, political and diplomatic asylum, in Greece, in 1982 "University Asylum" was established as a constitutional right. It prohibits any state authority whether police, fire-brigade or army from entering university premises without the express permission of the university authorities or exceptionally in life threatening situations. As a result for the last twenty years in Greece, university campuses have been "non-policed" areas where crime control and order maintenance is solely a matter for the university community to deal with. This thesis aims to analyse the historical and socio-political context which gave rise to university asylum and the consequences, for crime and disorder, of having non-policed areas. Accordingly the thesis starts with a discussion of the concept of asylum as has been found from antiquity. Different civilisations in different times and in different ways had exercised the concept of asylum, which basically is the protection accorded to pursued persons. The concept of asylum has been shaped in various forms corresponding to the needs of each historical period. The fundamental idea of the concept of asylum has been to create an intermediary inviolable place for those fleeing their persecutors, where the asylum seekers can enjoy temporary protection from the authorities or individuals pursuing them until negotiations begin. However, in practice with the Greek "University Asylum" many problems of crime and disorder occurred inside universities, especially in universities located in urban areas, which sometimes were so serious that fear of crime increased and the feeling of security declined inside university premises. This research analyses the problematic of university asylum and its impact on crime and disorder inside universities. This study aims to contribute to the body of knowledge about the concept of asylum particularly university asylum. The main purpose of this thesis is the exposition and analysis not only of the university asylum law as it appears in books but also how it functions in reality as a mechanism of social control on university campuses. Greek university asylum is linked with the student political movement and the crisis in French universities in May 1968, and of course the dark times of the Greek military junta (1967-1974) and especially with the Athens Polytechnic University revolt (November 14-17,1973) when the junta police fatally intervened within the Polytechnic premises causing the death of many students who protested against the regime. Accordingly, this research throughout does not aim simply to describe and graphically document the criminological situation inside Greek universities as it was in the past decades and as it is now, but also seeks to explain and to evaluate it, in the light of its symbolic, criminological, legal and political significance. In particular this study seeks to examine the consequences of asylum law for crime and disorder inside Greek universities. For the needs of this study fieldwork has been carried out and empirical data gathered, which shown that although crime and disorder inside Greek universities is a serious problem it is often overestimated by the mass media. However, the problem of crime inside Greek universities is of less significance if compared with the criminality occurring outside university grounds. In addition the problem of university asylum raises not only legal and practical issues, in relation to criminal behaviour, but also political issues since from 1982 when the university asylum law was passed educational and socio-political conditions have changed. Accordingly some reformation of the university asylum law, if decided upon, should be in such a way that the fundamental meaning, the symbolism and ideology of the concept of university asylum remains the basic element of academic freedom, university teaching and scientific research in Greece.

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The apparent lack of any previous work focusing on Police Probationer Training was the impetus behind this research. This very important area of police training is undergone by all officers and their probationary period lasts two years. Numerous reviews and amendments have taken place over the years but do not seem to have been documented in any structured way. The aim of this research was to discover how this training evolved, the reasons for change, and the way it has been implemented. Finally the present day system was examined in detail, compared with the experience of older officers and other systems. Method Obtaining the information has proved a task of detective work, examining numerous minutes, reports and documents produced within and without the police service. Field work was carried out throughout Lincolnshire Police and by visits to Ryton Police Training Centre and the central Planning Unit at Harrogate (now renamed as Training Support, Harrogate). Questionnaires were circulated to officers undergoing the training, officers who attended earlier courses and the trainers themselves. These were followed up by selected interviews. Training delivery was witnessed at Ryton Police Training Centre and within the Lincolnshire Force. Conclusions The results of this research indicate that the training given to initial recruits within the police service is as good as it has ever been. It is, however, cost led and, although the two year probationary period is somewhat euphemistically referred to as a training period, it is much more beside as, once the foundation course of 31 weeks is completed, probationers become a resource deployed in much the same way as their experienced colleagues. The post foundation phase of training is delivered in force with little or no central control and consequently the standard of training is not consistent. The thesis traces the development but, owing to lack of access to, or simply nonexistence, of some documents it cannot be claimed to be absolutely complete.

Despite the fact that the Commission of the European Community has made Korea one of three main target countries of anti-dumping measures, because Korea is pressing to export more of the electronics products which the Community is struggling to protect, study of the Community Antidumping Law in Korea has barely begun. Therefore, in this thesis, the measures that may be imposed by Community authorities with respect to trade with countries not members of the European Community, especially with Korea, under the Community Anti-dumping Regulation, in the context of the GATT Anti-dumping system are explained and analysed. With regard to the Community's anti-dumping rules, protectionist bias in their application is examined, in particular the determination of normal value and export price, constructed normal value and constructed export price, the comparison of normal value and export price, the calculation of dumping margin, and the determination of injury, and proposals are made as to the extent to which the Community anti-dumping rules need to be revised to diminish the bias in their range that explicitly favours Community producers and a finding of dumping, in the context of the GATT rules. With regard to the Korean Anti-dumping rules, on the other hand, they are introduced, generally. Anti-dumping measures in Korea have not been applied properly in favour of Korean producers, mainly because of the lack of transparency and institutional inertia. Therefore, enactment of a special Act governing anti-dumping complaints, modelled on a unitary system rather than a bifurcated system, should be considered for the transparent and speedy investigations. Institutional inertia must be rectified, i.e., more precise definition is required in some terminologies, and provisions on cumulation and anti-circumvention should have been prescribed before their application. Through a comparative study of the anti-dumping laws in the Community and Korea, it becomes clear that various aspects of the technical methodology applied by the authorities in anti-dumping determinations have a tendency to make findings of dumping largely automatic and inevitable. Therefore, it must always be borne in mind that anti-dumping measures can be imposed only where dumping and resulting injury is actually established, not artificially. This study has looked at anti-dumping laws in the Community and Korea comparatively, in the context of the GATT Anti-dumping rules. The Community refers to GATT and the Code in the preamble of its anti-dumping regulation, which has no binding effect in Court, and adopts the regulation in accordance with existing international obligations, in particular those arising from Article VI of the GATT and from the GATT Anti-dumping Code. However, this does not ensure an interpretation in conformity with GATT rules and its spirit, because the wording of the GATT anti-dumping rules taken literally is very ambiguous and can be interpreted very differently. Therefore, a comparative study with the Community's antidumping rules and its practice as a legislative model should be very helpful, in order to improve the current Korean anti-dumping system, because the GATT anti-dumping rules can play a very limited role only as a guideline.

The aim of this study is to examine the formative influences on the evolution of international law. One particular aspect of international law - the breadth of territorial waters (that is, the belt of sea adjacent to the coast) - has been selected, and the creation and development of the international legal rules pertaining to it will be traced and set in the context of political, cultural and other influences which may have had some bearing on that process. Through this contextual/historical analysis, an account will emerge of the extent to which international law is moulded by factors which might be supposed prima facie to have very little influence. This will then go towards an understanding of how international law was, and is, formed.

Taking the profit out of crime' has been considered as one of the effective countermeasures to drug traffickers in the last decade. A growing interest in various approaches taken to secure the confiscation of the proceeds of drug trafficking offences in order to combat drug trafficking more effectively has resulted in the development of different national and international perspectives. Despite the acknowledgement of the United Nations of the provisions and proceedings for confiscation in late 1980s, some countries have adopted enforcement provisions and powers which are extraordinary wide, considered as either draconian and trespassing with the rights of citizens. At the other end some regard them as weak, inefficient, and lacking effective strength. Unlike many developed countries, Britain has a specific confiscation system for drug trafficking offences (DTA 1994). Some of the provisions of the British confiscation proceedings have been seen as invading individual freedoms and rights. Therefore, the thesis is devoted to examining the British concept and values of confiscation order, highlighting the principles and critiques accompanying its various provisions' development at different stages of the British political, juridical and law enforcement systems. The thesis advances and assesses the similarities and dissimilarities among different systems of confiscation beyond the borders of English and Wales. The aim is to determine the definitions, limitations, credibility and legality of principles, application and practices of confiscation laws perceived by different systems. The American, the Kuwaiti and the Egyptian systems are also chosen as relevant points of variability with respect to the British system. It is within this framework, that the British confiscation system is scrutinised. There is an attempt to expose the strains existing in the system and also finding the best way forward. The current oscillation between either reparation or punishment which seems to occur regularly is believed to be a critical stake and a crucial problem for producing a better understanding of the implications of confiscation orders. Interviews conducted in England and Wales, United States (Washington DC), Kuwait and Egypt have provided a background to confiscation enforcement, revealing the extent of powers, restrictions and difficulties in implementing the order in line with its current principles.

Through an empirical comparison between U.S and Canadian copyright law, this paper examines how lawmakers in both countries should deal with copyright liability issues in the cloud while maintaining a proper balance between content owners and Internet intermediaries. This paper proposes to answer this question throughout the study of the liability of Internet intermediaries. Drawing on copyright statutory provisions, case law and scholars articles, this paper examines the issue of online piracy, defines cloud computing and identifies the copyright liability issues posed by the cloud. It then compares U.S and Canadian copyright laws and discusses the new reform proposed in both countries in relation with the liability of Internet intermediaries. It concludes that new statutory reform might not be necessary except for clarification purposes. Indeed current copyright laws deal efficiently with copyright liability issues in the cloud while maintaining a proper balance between content owners and Internet intermediaries.

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No description available.