In 1989, the Tiananmen Square massacre shocked the world. Under the heavy pressure from Congress and the public opinion, the government of the United States, which regarded human rights as one of its most cherished values, was forced to reexamine its relations with the PRC and to pay more attention to the PRC¡¦s human rights issues. However, the Cliton administration chose to de-link the human rights issue from its consideration whether to give the PRC the MFN status. To Beijing, the human rights issue is only a tool in Washington¡¦s foreign policy. China regards human rights as its domestic affairs. It had always questioned Washington¡¦s purpose and motivation to intervene mainland China¡¦s domestic affairs. This thesis studies the factor of human rights in the U.S.-China relations. U.S. Congress used MFN as an annual check about China¡¦s human rights situation. Before 2000, U.S. Congress members had long time questioned the administration that grantee PNTR would lead to the destruction of China¡¦s motivation about human right improvement. The author intends to review the ¡§Human Right Report¡¨ in the period of Cliton¡¦s administration, trade relations, UN human right debate and bills. Besides, the progress of China¡¦s human rights situation will be evaluated in the thesis. Through the review of the human right factor in the Sino-US relations, we can find that how the strategy of human right been used by U.S. government. However, the human right issue still is one of the important factors which could affect the future Sino-US relations.

The Code of Criminal Procedure is an indispensable procedure law to a modern rule-of-law state. An accused will be tried in compliance with the procedures provided under the Code, to examine whether the constitutive elements of the alleged crime have been met and how the accused shall be punished accordingly. Under legal positivism, only guilt provided under written code corresponds to justice (¡§just-by-law¡¨); whereas under natural law, apart from ¡§just-by-law,¡¨ ¡§just-by-nature¡¨ exists from the reason of human beings. Besides domestic laws, ideologies and universal norms conforming to contemporary civilization also provide references to the implementation of the procedure. This dissertation analyzes the criminal procedure system of the People's Republic of China (¡§PRC¡¨), including the Criminal Procedure Law, first adopted in 1979 and later amended in 1996, and National Human Rights Action Plan 2009-2010 released on April 13, 2009. From the history perspective, it looks into the evolution of legal system and the development of humanism in China. It also compares the PRC¡¦s criminal procedure with other countries in modern times. Finally, through case studies, it examines the difficulty and distress of PRC¡¦s criminal procedure system. From the perspective of historical study and comparative study, different history and culture background affect a regime¡¦s understanding of criminal procedure; however, following the execution of international conventions and closer interaction among countries, economic development continuously presses on improvement of political development. Consequently, the criminal due process has become a defined human rights ideology under a rule-of-law system. Finally, from the viewpoint of New Institutionalism, this dissertation tries to discover the impact of criminal due process to the legitimacy of a political regime. The author sincerely hopes that this dissertation will benefit the Chinese people, the development of the criminal due process, and the governance of the Chinese government.

Tez (Yüksek Lisans) - Süleyman Demirel Üniversitesi, Sosyal Bilimler Enstitüsü, Kamu Yönetimi Anabilim Dalı, 2009. / Kaynakça var.

Thesis (M.S. in Intl. Aff.)--Sam Nunn School of International Affairs, Georgia Institute of Technology, 2004. Directed by Sylvia Maier. / Includes bibliographical references (leaves 82-85).

No description available.

This thesis interrogates the continued statelessness of more than 12 million stateless people around the world, in the face of Article 15 of the United Nations Declaration of Human Rights (UDHR), which provides that everyone has a right to a nationality. Its principal argument is that the continued unresolved presence of stateless groups around the world exposes international law’s inadequate protection of the ‘right to a nationality’. It advocates the adoption of a robust approach to protect and enforce this right to nationality of stateless people. Article 15 of the UDHR has been complemented by a host of international and regional instruments relating to the right to nationality. In developing its argument, the thesis reviews the relevant instruments, as well as local and international judicial decisions relating to the right. The review is juxtaposed with local legislation and state practices on the issue of citizenship, for the purpose of determining the status of the right, and whether the right forms part of customary international law. This thesis also examines the emergence of nationality as a human right under international law and the interplay between states sovereignty and the right to nationality, for the purpose of showing the lacuna in international law that allows continued statelessness. It examines the relationship between the possession of nationality and the enjoyment of other human rights vis-à-vis the sufferings that arise from statelessness, as well as the extent to which denationalization is a step toward genocide, for the purpose of showing that protection of the right qualifies as erga omnes obligation. It also argues that suffering of stateless people must be taken seriously, as a step toward taking the right to nationality of stateless people seriously. While the thesis does not necessarily provide the final solution to all the problems arising out of statelessness, it is anticipated that it will make a worthy contribution to addressing the legal questions on statelessness and, more importantly, provide a sound basis for further discussions on the status, importance and the need to protect and enforce the right to nationality of stateless people.

This thesis offers a comparative analysis of the Constitutional law mechanism for human rights protection in Canada and Russia. Russia is experiencing a transition from the former soviet regime towards democracy and civil society. Since the beginning of the transition in 1991 Russia has made three major steps in that direction: the adoption of the Declaration of Rights and Freedoms of the Individual and Citizen of 1991, the Constitution of 1993 and the ratification of the European Convention on Human Rights in 1998. However, the existent constitutional law mechanism for human rights protection is not fully effective due to its novelty for Russian society. A number of lessons can be learned from the Canadian and European experiences of human rights protection. Among them is the necessity to build the mechanism for human rights protection that will be based on the rule of law, direct application of the Constitution, and the creation of a human rights culture, supported by the people's trust in independent judicial institutions.

<p>The history of prison reform after 1994 was shaped by the relationship between governance and human rights standards / the requirements for both are set out in the Constitution and elaborated on in the Correctional Services Act. Good governance and human rights converge in five dimensions of a constitutional democracy: legitimacy, transparency, accountability, the rule&nbsp / of law / and resource utilisation. The new constitutional order established a set of governance and rights requirements for the prison system demanding fundamental reform. It de-legitimised the existing prison system and thus placed it in a crisis. This required its reinvention to establish a system compatible with constitutional demands. The thesis investigates whether&nbsp / constitutionalism provided the necessary transformative basis for prison reform in South Africa after 1994. The Department of Correctional Services (DCS) senior management failed to&nbsp / anticipate this in the period 1990 to 1994. In the five years after 1994 senior management equally failed to initiate a fundamental reform process. This lack of vision, as well as a number of external factors relating to the state of the public service in the period 1994 to 2000, gave rise to a second crisis: the collapse of order and discipline in the DCS. By the late 1990s the state had lost control of the DCS and its internal workings can be described as a mess &ndash / a highly interactive set of problems in causal relationships. In many regards the problems beleaguering the prison system were created in the period 1994 &ndash / 1999. The leadership at the time did not recognize that the prison system was in crisis or that the crisis presented an opportunity for&nbsp / fundamental reform. The new democratic order demanded constitutional and political imagination, but this failed to materialise. Consequently, the role and function of imprisonment within the&nbsp / criminal justice system has remained fundamentally unchanged and there has not been a critical re-examination of its purpose, save that the criminal justice system has become more punitive. Several investigations (1998-2006) into the DCS found widespread corruption and rights violations. Organised labour understood transformation primarily as the racial transformation of the staff corps and embarked on an organised campaign to seize control of management and key positions. This introduced a culture of lawlessness, enabling widespread corruption. w leadership by 2001 and facing pressure from the national government, the DCS responded to the situation by focusing on corruption and on regaining control of the Department. A number of&nbsp / gains have been made since then, especially after 2004. Regaining control of the Department focused on addressing systemic weaknesses, enforcing the disciplinary code and defining a&nbsp / new employer-employee relationship. This has been a slow process with notable setbacks, but it continues to form part of the Department&rsquo / s strategic direction. It is concluded that the DCS&nbsp / has engaged with and developed a deeper understanding of its constitutional obligations insofar as they pertain to governance requirements in the Constitution. However, compliance with&nbsp / human rights standards had not received the same attention and areas of substantial non-compliance remain in violation of the Constitution and subordinate legislation. Overcrowding,&nbsp / violations of personal safety, poor services and/or lack of access to services persist. Despite the detailed rights standards set out in the Correctional Services Act, there is little to indicate that&nbsp / legislative compliance is an overt focus for the DCS. While meeting the minimum standards of humane detention, as required by the Constitution, should have been the strategic focus of the&nbsp / DCS in relation to the prison population, the 2004 White&nbsp / Paper defines &ldquo / offender rehabilitation&rdquo / as the core business of the DCS. In many regards the DCS has assigned more prominence&nbsp / and weight to the White Paper than to its obligations under the Correctional Services Act. In an attempt to legitimise the prison system, the DCS defined for itself a goal that is required neither&nbsp / by the Constitution nor the Correctional&nbsp / Services Act. Compliance with the minimum standards of humane detention must be regarded as a prerequisite for successful interventions to reduce&nbsp / future criminality. After&nbsp / seven years, delivery results on the rehabilitation objective have been minimal and not objectively measurable. The noble and over-ambitious focus on rehabilitation at&nbsp / policy level distracted the DCS from its primary constitutional obligation, namely to ensure safe and humane custody under conditions of human dignity Throughout the period (1994 to 2012)&nbsp / the DCS has been suspicious if not dismissive of advice, guidance and at times orders (including court orders) offered or given by external&nbsp / stakeholders. Its relationship with civil society&nbsp / &nbsp / &nbsp / &nbsp / organisations remain strained and there is no formal structure for interaction. Since 2004 Parliament has reasserted its authority over the DCS, not hesitating to criticise poor decisions and&nbsp / sub-standard performance. Civil society organisations have increasingly used Parliament as a platform for raising concerns about prison reform. Litigation by civil society and prisoners has&nbsp / also been used on a growing scale&nbsp / to ensure legislative compliance. It is concluded that prison reform efforts needs to refocus on he rights requirements set out in the Correctional Services&nbsp / Act and approach this task in an inclusive, transparent and accountable manner.&nbsp / &nbsp / </p>

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2006.

The adoption of a new constitution, the changes in legislation, and the well-known shift in policies and State practices introduced by the Chavez administration, are some of the factors that persuaded me to examine not only the legal protection but the actual exercise of internationally recognized core labour standards in Venezuela, notably freedom of association and the right to collective bargaining, the elimination of forced labour, the abolition of child labour and the elimination of discrimination at work. / Given the structure and nature of the ILO, its mechanisms of enforcement are limited. Despite the successful ILO objective of promoting compliance with workers' rights, certain Member States like the Government of Venezuela, continue to violate labour rights. This situation requires the search for alternatives. / The idea that inspired this paper was an attempt to look for alternatives in regionalism. The hypothesis is that a sub-regional approach through the Andean Community, comprising Andean countries, offers a more effective means to protect labour rights in Venezuela than an international approach through the ILO. However, the solution points more to a joint international-regional approach to better ensure workers' rights in Venezuela and the Andean region.