This dissertation looks at the concept of “trafficking in persons” and how it has been created, interpreted and utilized in the international sphere and in Canada. Using the approach of Critical Legal Pluralism (CLP), it examines the legal regulation of trafficking as being created through a bi-directional constitutive process, with paradigmatic conceptions of trafficking having a hand in creating regulation as well as being influenced by it. Through a review of data retrieved using a variety of qualitative methods as well as classic legal analysis, this dissertation explores the operation of various social actors and their effect on the determination of what trafficking is, and who is worthy of protection from it. In Part One the international framework is outlined through a discussion of the creation of the dominant paradigm of trafficking and implementations of it. Chapter One traces the history of the anti-trafficking movement by looking at the development of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, and by examining the creation of dominant discourses around trafficking. Chapter 2 uses CLP to examine the influences of a variety of actors on the creation of these discourses and the repercussions the discourses have had on the implementation of anti-trafficking policies. Part Two then turns to the Canadian context. In Chapter Three, classical legal methodologies are employed to discuss Canada’s obligations under international law with respect to trafficking, as well as the creation of definitions of trafficking in the Canadian legal regulatory context. Chapter Four then reviews data from Canada to discuss the ways in which various actors have been involved in the creation and operation of the dominant paradigm and how it in turn affects the operation of trafficking-related legal constructs. Ultimately, it is found that due to the influence of the dominant paradigm and the motivations that aid in its operation, programs and policies framed under the rubric of “trafficking” necessarily fail to achieve meaningful redress for the groups they purport to benefit. On this basis, an alternative approach is suggested to address phenomena currently being dealt with through anti-trafficking frameworks. A move is suggested away from a focus on “trafficking” to a sectoral approach, accounting for the complexities and histories of individuals subject to exploitative circumstances.

"The domestic courts have not been able to enforce international human rights in Mozambique and there are no institutions to address the concerns of victims of human rights abuses. A limited number of NGO's operating in the field of human rights play a role, which is not significant considering the number. Several factors, for example, the lack of knowledge of international human rights instruments by the people in charge of administration of justice such as judges, prosecutors, or even lawyers and legal assistants, may explain this. The present paper is an attempt to explore why the international human rights norms are not enforced in the Mozambican legal system; this will be done in a comparison with the situation [in] Ghana. ... This paper is structured in five chapters. Chapter one is the introductory chapter, it essentially introduces the topic, discusses the manner in which the research will be caried out, namely the methodological approach used, literature review, objectives of the study and its limitations, [and] last but not least, it outlines the research questions and the hypothesis. Chapter two gives the definitions of the main concepts used in this paper; it goes further in discussing the relationship between national law and international law focusing [on] the theories of monism and dualism. It also analyses the constitutional provisions dealing with international law in the Mozambican and Ghanaian legal order in the light of the monist and dualist theories. Chapter three discusses the sources of international human rights law and their implications [for] the enforcement of internationl human rights law in domestic courts. It goes further by discussing the principles governing domestic applicability of international human rights law and finally discusses the obstacles to the enforcement. Chapter four is the case study of this paper: it analyses how international human rights law is enforced by domestic courts in Mozambique and Ghana and several other aspects around the judiciary and the international human rights law training. Chapter five finally draws conclusions and gives recommendations on what should be done to ensure the enforcement of international human rights law in domestic courts." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Professor Kofi Quashigah at the Faculty of Law, University of Ghana / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Over the last decades there have been a shift in the power balance between the transnational corporation and the state. This shift is due to the transnational corporation’s power has increased. Therefore, this thesis will examine the impact of the power balance between the state and the transnational corporation on the enforcement of law concerning human right abuses by transnational corporations. It will focus primary on the state’s possibility to enforce its international human rights obligations. In order to find out the impact the power balance has on the enforcement, I will discuss different challenges that could stand in the way for the state due to the power of the transnational corporation or that the state is powerless over the transnational corporation. The result is that the state only has a small possibility of enforcing human rights regulation on the transnational corporation.  The reason for this is because the state is relying on the economic opportunities from the transnational corporation and the system is constructed in a manner which made the state powerless in relation to the transnational corporation. The result was therefore that the state has difficulties in enforcing the law concerning human right abuses by transnational corporations. After this conclusion it is quite clear that the power balance between the state and the transnational corporation plays a crucial role in the enforcement of the law concerning human rights abuses by transnational corporations. However, it is possible to make changes in the system so that the power balance between the state and the transnational corporation do not have the same negative effect on human rights and therefore strengthening the protection of human rights.

After release, 5 in 6 prisoners are rearrested within 9 years. A growing emphasis is on the importance of healthy family relationships in reducing recidivism and only a handful of studies have provided information on relationship education (RE) for incarcerated individuals. This study adds to this emerging effort and examines the pre/posttest results of a RE program, using a sample of 727 incarcerated adults. We find significant improvements in individual well-being (anxiety and depression) and couple functioning. Further, we find greater change in the individual domain for those in a relationship compared to those who were not.

It has been two decades since the terrorist attacks on September 11. These events were the starting shot for the US war on terrorism, which has resulted in extreme challenges for human rights treaties. Several people have fallen victim to the US protection measures, which have included a detention and interrogation program and extraordinary renditions. The US protection measures have resulted in military invasions, kidnappings, detentions, and acts of torture. Even though black sites are no longer secret, has nobody ever been held responsible for these crimes. The question of who should be held responsible for the systematic violations of the United States is therefore necessary to discuss as this is a problem that characterizes the international legal system still today. The purpose of this paper is to investigate whether the US legal argument for justifying enhanced interrogation techniques and extraordinary renditions is consistent with the human rights treaties. The study examines the extent to which the US exercises jurisdiction over people who are subject to extraordinary renditions. Furthermore, it is also important to investigate if extraordinary renditions conflict with two treaties that have been approved in the United States and consequently the legitimacy of the arguments will be tested against CAT and ICCPR. The problem has been analysed in the light of jurisdiction. The interpretation of the concept of jurisdiction in general international law and human rights treaties constitutes an essential issue regarding states’ responsibilities to uphold and respect the human rights within the research area and research questions. The study focuses primarily on the question of when a state has obligations under human right treaties outside of its own territory. The issue of jurisdiction has been discussed primarily in international courts since Bankovic. The investigation shows that people that have been subject to extraordinary renditions as well as the detention and interrogation program fall under US jurisdiction. According to case law, the study establishes that the United States exercises effective control over the people in the event of extraordinary renditions. Moreover, the study claims that state responsibility can be attributed to the US for having failed in its obligations to respect and protect human rights in the war on terrorism.

Since children are particularly vulnerable in armed conflicts, they are conferred legal protection under International law, like in the International Humanitarian Law and International Human Rights Law. Despite of international legislation, the situation of children remains critically worrying with numerous ongoing armed conflicts and instabilities globally. On the one hand, they are assumed special protection, yet on the other hand, they are commonly used as shields or forced into being combatants. The aim of the study is to outline legal areas of ambiguity or inadequacy in the legal framework and see whether they are sufficient in seeking to protect children in armed conflicts. Following relevant conceptual discussions on International Humanitarian Law and International Human Rights Law, the study employs a legal analysis in conjunction with a normative argumentation approach in reference to the works of various scholars. Based on the findings, I conclude that IHL and IHRL are often not adhered to, by state parties in armed conflicts due to a lack of binding power; hence such conventions do not produce the desired result. Since state parties are either in breach of the conventions, or have not yet ratified them, the conventions are not practically effective in protecting children.

Primarily, this study seeks to examine the means and effectiveness of the African Commission on Human and Peoples' Rights, African human and Peoples' rights organizations, and the government of the Gambia in their efforts to propagate the institutions and legal instruments of the African Human and Peoples' Rights System (AHPRS) in general and the rights and duties of the African Charter on Human and Peoples' Rights in the country of The Gambia in particular since the Charter came into force in 1986. The work explores the history of the AHPRS from ancient conceptions of rights and duties within Classical Africa to its formal establishment in the 1980s and 1990s with emphasis placed on the particular political and social history of The Gambia. Further, the work presents and analyzes the work of three African human rights organizations operating within The Gambia and offers an Afrocentric critique of the promotion of the African Human and Peoples' Rights System. / African American Studies

The object of this thesis is to investigate the application of international law in municipal law, and more specifically to focus on international human rights law. A determination of the sources of international human rights law constitutes the point of departure. Treaties are the primary source of international human rights law, followed by customary law. Recent authority indicates that the formation of customary human rights law differs from that of customary international law in general. There are, however, also international documents on human rights not falling within the scope of the traditional sources as embodied in section 38 of the Statute of the International Court of Justice. Non-binding sources of law, or soft law - most notably the Universal Declaration of Human Rights - are shown to play an important role in the formation of both treaties and custom and directly influence state practice. Theoretical explanations expounding the application of international law in the domestic law of states are examined, assessing their suitability for effective implementation of international human rights instruments. Since the application of international law in municipal law depends on, and is regulated by rules of domestic law, the relevant rules of legal systems which may, due to historical factors or regional proximity, impact on South Africa, are examined. State practice points to two primary methods of dealing with international law obligations in domestic law, namely transformation (associated with the dualist theory) or direct application (associated with the monist theory). The specific method of incorporation adopted by a state is often closely related to that state's constitutional system. The advantages and disadvantages associated with each particular method are related to the intricacies of individual legal systems. From an internationalist perspective the often misunderstood doctrine of direct application, has the advantage of making the intended protection afforded by human rights treaties to individuals directly enforceable by domestic courts with a minimum of state intervention. The position of international law in South Africa is assessed against this background. South Africa's constitutional history under British rule followed British law requiring legislative transformation of treaty obligations, but permitting customary law to be directly incorporated into common law. The position of international law became constitutionally regulated in South Africa with the introduction of a constitutional democracy. Drafting errors and practical difficulties experienced with the 1993 Constitution, were largely ironed out by the 1996 Constitution. The post-apartheid Constitutions introduced changes and new dimensions compared to the pre-1993 position of international law, including: the consideration of international law when interpreting the constitutionally protected human rights; the involvement of the legislature in the treaty-making process; and provisions for both transformation and direct application of treaties subject to the provisions of the Constitution. Customary international law is confirmed as forming part of South African law, and courts are obliged to interpret legislation in accordance with international law. An analysis of court decisions after 1993 reveals the following broad trends: (i) The impact of international law as part of South African law is still largely overlooked. (ii) The majority of references to international law by the courts are to international human rights agreements and decisions by international tribunals under section 39 of the Bill of Rights. (iii) The distinction between international law and comparable foreign case law, as directed by section 39, is often blurred. (iv) No distinction is made between international hard and soft law when deciding on human rights matters. (v) Courts have refrained from applying international human rights obligations which form part of South African law because they are self-executing or form part of customary international law. (vi) Binding international human rights obligations are only referred to for comparative purposes. (vii) The term "treaty" is interpreted in accordance with the definition of the Vienna Convention on the Law of Treaties. The intention to create legally binding obligations is therefore implicit. It has been the policy of the post-apartheid South African government to ratify or accede to the major international human rights agreements as swiftly as possible. The execution of this policy has, however, met with numerous problems. As a result, South Africa has to date not become party to the International Covenant on Economic Social and Cultural Rights. Many treaties to which South Africa is a party have not yet been incorporated into South African law and compulsory reports on the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of Discrimination Against Women and the International Covenant on Civil and Political Rights are overdue. Despite the post-apartheid euphoria about the creation of a human rights culture in South Africa and the formal commitment by government to give effect to international human rights instruments, much remains to be done before South Africa can be regarded as formally complying with international human rights standards. / Law / LL. D. (Law)

This paper assesses U.S. national security policies in surveillance, detention, interrogation and torture, and targeted killing to determine whether they comport with international human rights law and international humanitarian law. The U.S. is responsible for adhering to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Geneva Conventions. These human rights law documents can be understood through court decisions, congressional statutes, and widely accepted interpretations from organizations such as the International Committee of the Red Cross, and the UN Human Rights Council. Further, this paper offers prescriptions on how international human rights law and international humanitarian law can be updated to better deal with the current war on terror. / text

Al investigar este problema en el caso específico de Ecuador podemos ver algunos patrones que otros investigadores y políticos podrían aplicar en otros contextos de abusos laborales y trabajo infantil. En un mundo más consciente de los derechos humanos, es necesario impedir el trabajo infantil donde se pueda o por lo menos asegurar que los niños que trabajan lo hagan en la forma más sana y segura. En esta investigación se analizan las leyes y regulaciones de las últimas dos décadas, la implementación, y los efectos en las vidas de los niños trabajadores. La implementación de las leyes y regulaciones es mayormente analizada a través del papel de las inspecciones. Las entrevistas mencionadas en la investigación son realizadas por otros grupos pero muestran las experiencias de los niños. Usando reportes anuales de Ecuador, Estados Unidos, y organizaciones internacionales la investigación explora las varias razones por las cuales Ecuador no ha logrado eliminar el trabajo infantil. La investigación sugiere recomendaciones para realizar inspecciones más eficaces y hacer esfuerzos más impactantes en el campo de trabajo infantil. Ecuador ya lleva dos décadas de regulaciones e iniciativas dirigidas al trabajo infantil sin embargo no ha logrado erradicar este fenómeno. En fin el bienestar y protección de los derechos de los niños es lo que está siendo comprometido; por eso es urgente poder encontrar las soluciones que harán Ecuador el país exitoso en erradicar trabajo infantil.