Thesis (LL. M.)--Judge Advocate General's School, United States Army, 1990. / "April 1990." Typescript. Includes bibliographical references (leaves 68-116). Also issued in microfiche.

Thesis (LL.M.). / Written for the Institute of Air and Space Law. Title from title page of PDF (viewed 2009/09/04). Includes bibliographical references.

Thesis (Ph. D.)--Florida State University, 2005. / Advisor: Joseph C. Beckham, Florida State University, College of Education, Dept. of Educational Leadership and Policy Studies. Title and description from dissertation home page (viewed Jan. 25, 2006). Document formatted into pages; contains x, 225 pages. Includes bibliographical references.

Diss. University Oxford, 1999. / Diss. u.d.T. "State responsibility for the Commission of Crimes against international law. Originaltitel: State responsibility for the Commission of crimes against international law.

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Within the first decade of the ICC‟s existence, its case docket was composed of cases originating from Africa only. Relations between the African governments represented by the AU quickly deteriorated. The AU accuses the ICC of bias and unfair targeting of Africa. After the indictment of heads of states that include Omar Al Bashir of Sudan, Uhuru Kenyatta of Kenya and the late Muammar Gaddafi of Libya, the AU passed several resolutions where it reiterated its commitment to the rule of law and to combating impunity. The AU, however, instructed member states to cease all cooperation with the ICC. African states that are ICC members are now faced with conflicting obligations as a result of the AU resolutions. Moreover, the AU resolutions raise the spectre of a legitimacy crisis for the AU and a conflict between articles 27(2) and 98(1) of the Rome Statute. Based mostly on desk research coupled with my experience working on human rights and access to justice programmes in Sudan, South Sudan, Somaliland, Ethiopia, Kenya, Uganda and Zimbabwe, this thesis considers the possibility that the ICC is suffering from a legitimacy crisis as a result of the fall out and the issues of unfair selectivity that are raised by the AU. Employing the Third World Approaches to International Law as an analytical framework, the study attempts to reconcile the apparent contradictions in the new outlook and rhetoric of the AU pursuant to its Constitutive Act and the instruction to member states to withdraw cooperation with the ICC. The thesis also proposes practical ways to resolve the conflicting obligations caused by the AU resolutions and by operation of customary international law immunity of high ranking state officials referred to the ICC by way of a Security Council resolution. The current situation gives the ICC the appearance of a weak institution that is only good for low hanging fruit, which has a negative effect on the legitimacy of the ICC.

In 1992, the Americans completed its withdrawal from the Philippines, ending almost a century of U.S. military presence. However, it was soon discovered that the U.S. left behind several contaminated sites at its former military bases in the Philippines due to inadequate hazardous waste management. It appears that the U.S. Department of Defense failed to implement clear and consistent environmental policies at Clark and Subic. The U.S. maintains that it is under no obligation to undertake further cleanup at its former installations inasmuch as the Philippines has waived its right to do so under the basing agreement. It will be argued that the Philippines made no such waiver under the Manglapus-Schultz Agreement. Thus, the U.S. remains responsible under international law for the resulting environmental damage at its former bases. States have the responsibility under customary international law to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states. A state will be responsible if it breaches this international obligation. It will be argued that the U.S. breached its obligation under international law when activities within its effective control caused significant environmental damage to areas forming part of Philippine territory. Such a breach may also result in the violation of the emerging right to a healthy environment. Existing human rights, such as the right to life and health, right to food and water, right to a safe and healthy working environment and right to information, will be applied from an environmental perspective to determine whether the Filipinos' right to a healthy environment was violated. While a legal claim can be made for the remediation of the environment and compensation of the victims, it will be argued that existing mechanisms for the settlement and adjudication of international claims are inadequate. States are generally reluctant to submit to the jurisdiction of international tribunals and most of these fora do not allow non-state entities to appear before them. Thus, it would be argued that the most promising approach may well be through political and diplomatic means. / Law, Peter A. Allard School of / Graduate

This dissertation analyzed public court decisions in cases against Oklahoma school districts and their employees involving sovereign immunity claims filed under Oklahoma's Governmental Tort Claims Act. The questions addressed were: (1) How have the Oklahoma courts interpreted the Governmental Tort Claims Act, (Okla. Stat. tit. 51 § 151 et seq.) in litigation against school districts and their employees? (2) What are the limits of immunity protection for Oklahoma school districts and their employees? (3) How has the statute of limitations in Okla. Stat. tit. 51 § 156 and Okla. Stat. tit. 51 § 157 been applied to Oklahoma educators in tort litigation? This dissertation utilized legal research as the methodology to answer the research questions. Chapter II provides a review of existing literature regarding sovereign immunity in the United States. Chapter III is a comprehensive study of Oklahoma sovereign immunity cases filed against Oklahoma school districts and educators under the Governmental Tort Claims Act with regard to negligence, corporal punishment and the statute of limitations. Chapter IV discusses the findings of the analysis of cases in Oklahoma and the amount of protection afforded to Oklahoma school districts and educators.

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Pas de résumé / Doctorat en droit / info:eu-repo/semantics/nonPublished