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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
401

Legality and legitimacy of the use of force to ensure respect for international humanitarian law

Saberi, Hengameh January 2001 (has links)
The concept of compliance in international law remains amongst the most significant and, at the same time, the most perplexing of questions. The significance of compliance is highlighted in certain spheres of international law that deal with specific extraordinary circumstances. This is particularly true with respect to international humanitarian law, which is applicable during periods of armed conflict. The importance of ensuring and improving compliance with international humanitarian law is clearly expressed in the opening Article of the four Geneva Conventions of 1949 and their Additional Protocol I of 1977, in which the High Contracting Parties undertake to both "respect" and "ensure respect" for these instruments. This thesis is derived from a conviction that compliance with international humanitarian norms is more efficiently ensured through implementation, rather than enforcement mechanisms. However, it only ventures a critique of the appropriateness of military intervention as one of the mechanisms most frequently used to enforce humanitarian rules in the past decade of armed conflicts. The hypothesis this thesis postulates is that the recourse to armed force to ensure respect for international humanitarian law is at cross-purposes with the body of these rules. This statement is assessed against the Security Council's military humanitarian intervention in civil conflicts. It is suggested that the validity of the Council's decisions on humanitarian intervention hinges upon two equally determinative criteria: legality and legitimacy. The hypothesis of the thesis questions both the legality and legitimacy of the Security Council's authorized military humanitarian intervention in armed conflicts. The underlying purpose of the thesis is thus to expand the parameters of theoretical discussions about compliance in the context of international humanitarian law from a jurisprudential perspective.
402

European Community and human rights : the antitrust enforcement procedure facing article 6 of the European Convention on Human Rights

Bodin de Galembert, Noémie de January 2002 (has links)
The Senator Lines' case, currently pending before the European Court for Human Rights, reveals a lack of procedural fairness of the European Antitrust enforcement under the terms of the European Convention for Human Rights. But in spite of a well-established concern for Fundamental Rights from the European Community, the later is still not bound by the Convention. / That is why it is critical that the EC accede to the Convention following the example of its branches. Meanwhile, it is necessary to determine whether the Member States could be held responsible for the Community's acts that violate the rights protected by the Convention. That is the question the Court will have to answer in the Senator Lines' case. Nevertheless, the Council Regulation which organises the antitrust enforcement procedure must be reformed in order to ensure an indispensable balance of power.
403

Ekstradicijos problemos: žmogaus teisės, atsisakymo tenkinti ekstradiciją pagrindai ir principas „ aut dedere aut judicare” / The problems of extradition: human rights in the process of extradition, grounds for refusal of extradition end strengthening the principle "aut dedere aut judicare" in extradition

Ušinskas, Eugenijus 09 June 2005 (has links)
This work deals with the problems of extradition: human rights in the process of extradition, grounds for refusal of extradition end strengthening the principle aut dedere aut judicare in extradition. The introductory part, after a short extradition legal definition review, is devoted to argumentation of this subject in connection with the reality of Lithuania: presentation figures of surrendered Lithuanian citizens, display the cost from Lithuanian state budget for extradition of citizens. It is emphasized, that although there has been a long history of study and experiences in the field of extradition, however there is need in Lithuania for deeper study of particular issues on extradition : that is human rights questions in extradition, analysis of grounds for refusal. The main purpose of this work was, based on the studies of other authors, after comparative analysis of international conventions, international treaties including also analysis of Lithuanian Criminal Procedure Code, after review of the European Court of Human Rights practice, to what particular human rights arises threat to be violated or limited without sufficient ground in the extradition process. It is here that the concept of fundamental human rights has emerged and is gaining a widespread acceptance and this group of rights has been recognized as non-derogable in all universal and regional legal instruments. In the examination of grounds for refusal of extradition an attempt... [to full text]
404

Justice in one world : a moral argument for global institutional change

Anker, Christien van den January 1996 (has links)
No description available.
405

The evolution, formation and development of the treaty rules applicable in non-international armed conflicts

Perna, L. January 2002 (has links)
No description available.
406

Rebel collectors: human rights and archives in Central America and the Human Rights Commission of El Salvador and the Resource Center of the Americas, 1978-2007

Stinnett, Graham 23 August 2010 (has links)
The invaluable historical records of human rights non-governmental organizations have contributed to the protection of human rights and important social changes (such as the abolition of slavery in the West) at the local, national, and global levels over the last 200 years. This thesis stresses the importance of these records creators and their records in a case study of two human rights non-governmental organizations that responded to human rights violations in El Salvador in the late twentieth century: Comision de Derechos Humanos de El Salvador (San Salvador) and the Resource Center of the Americas (Minneapolis). The other primary and related concern of this thesis is to emphasize the role of the archivist as social justice activist through his or her efforts to include in the archive evidence of marginalized voices that can widen our understanding of peoples' history. As archivists are active shapers of historical memory through archival practice, they must forge alliances with those in the human rights non-governmental sphere to further the contribution of archives to social justice. By actively engaging the world’s memory of the disenfranchised (the archive of justice) archives can play an increasingly important societal role.
407

Rebel collectors: human rights and archives in Central America and the Human Rights Commission of El Salvador and the Resource Center of the Americas, 1978-2007

Stinnett, Graham 23 August 2010 (has links)
The invaluable historical records of human rights non-governmental organizations have contributed to the protection of human rights and important social changes (such as the abolition of slavery in the West) at the local, national, and global levels over the last 200 years. This thesis stresses the importance of these records creators and their records in a case study of two human rights non-governmental organizations that responded to human rights violations in El Salvador in the late twentieth century: Comision de Derechos Humanos de El Salvador (San Salvador) and the Resource Center of the Americas (Minneapolis). The other primary and related concern of this thesis is to emphasize the role of the archivist as social justice activist through his or her efforts to include in the archive evidence of marginalized voices that can widen our understanding of peoples' history. As archivists are active shapers of historical memory through archival practice, they must forge alliances with those in the human rights non-governmental sphere to further the contribution of archives to social justice. By actively engaging the world’s memory of the disenfranchised (the archive of justice) archives can play an increasingly important societal role.
408

Imposing democracy? : a case study of democratisation in Bosnia-Herzegovina since the Dayton Peace Agreement

Chandler, David Seegall January 1998 (has links)
No description available.
409

The Problem with the Human Rights Act 1998: Section 2(1)

Chan, Samantha 21 November 2012 (has links)
The Human Rights Act 1998 incorporated the European Convention on Human Rights. With incorporation, Parliament and the government of the United Kingdom believed that human rights would reflect British values, there would increase support for human rights and a human rights culture would develop. However, the goals of incorporation did not occur. One reason for the failure of the Human Rights Act 1998 is the UK courts interpretation of section 2(1). Courts in the United Kingdom have been unwilling to provide more extensive and less extensive protection of rights than Strasbourg. The effect of the court’s interpretation has been public, political and media backlash. Consequently, to resolve this problem, there must be a reinterpretation of section 2(1).
410

The Problem with the Human Rights Act 1998: Section 2(1)

Chan, Samantha 21 November 2012 (has links)
The Human Rights Act 1998 incorporated the European Convention on Human Rights. With incorporation, Parliament and the government of the United Kingdom believed that human rights would reflect British values, there would increase support for human rights and a human rights culture would develop. However, the goals of incorporation did not occur. One reason for the failure of the Human Rights Act 1998 is the UK courts interpretation of section 2(1). Courts in the United Kingdom have been unwilling to provide more extensive and less extensive protection of rights than Strasbourg. The effect of the court’s interpretation has been public, political and media backlash. Consequently, to resolve this problem, there must be a reinterpretation of section 2(1).

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