<p> Since 2002, the United States has been conducting drone strikes as an integral part of its war on terror against al Qaeda. This paper discusses the evolution of that practice and considers the legal implications of the targeted killing of alleged members of al Qaeda and its affiliate organizations in non-battlefield situations. It argues that the U.S. is negatively influencing international law at a time when the law is unsettled with regard to non-battlefield targeting of members of armed opposition groups. Further, some of the strikes conducted by the U.S. violate the principles of distinction, proportionality and military necessity. The paper suggests that the U.S. should alter its course of actions, support a more restrained view of the boundaries of targeted killing, and limit any targeted killings to high-level members of terrorist organizations.</p>

<p> As a developing country with the second largest population in the world, India's energy needs will continue to grow steadily in the coming decades. A significant proportion of India's oil, coal and natural gas are imported because of a dearth of indigenous energy resources. This creates a situation of energy dependence and is a potential national security issue. As a result, the government is embarking on an ambitious plan to have nuclear power generate 25% of electricity in 2050 &ndash; up from 3.7% in 2012. The aim is to be running on thorium fast-breeder reactors, that are currently in development, by that time. India's vast reserves of thorium would mean that this would improve energy security, while also improving access to energy for the large part of its population that remains without it.</p><p> However, nuclear energy is controversial. Issues of safety and viability must be addressed adequately if nuclear energy is to be pursued. Civil-society concerns about the displacement of people and the degradation or changes in environment around plants and its consequences must also be appropriately addressed. The aim of this paper is to ascertain if it is indeed in India's strategic interest to invest in nuclear energy. Within a theoretical framework of energy security the paper will seek to identify what changes should be made in the sector to guide and manage the process of expanding nuclear-power generation is also important if prescribing this course of action.</p>

This thesis examines whether the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, also referred to as the Helms-Burton Act, is consistent with the international obligations of the United States, deriving from both customary and conventional international law. / After describing the historical background of the Helms-Burton Act, this analysis (1) discusses the consistency of the Act under customary international law, and particularly the legality of the extraterritorial features of the Act; (2) exposes the US's arguments under the World Trade Organization Agreement (WTO) and under the North American Free Trade Agreement (NAFTA); (3) questions the legality of the Helms-Burton Act under the WTO rules, that is under the General Agreement on Tariffs and Trade (GATT), under the General Agreement on Trade in Services (GATS) and under the Agreement on Trade-Related Investment Measures (TRIMs); (4) examines the consistency of the Helms-Burton Act under NAFTA; and (5) concludes as to the inconsistency of the Helms-Burton Act with the international obligations of the United States.

Commercial undertakings to arbitrate and arbitral awards are commonly recognized and enforced in both Canada and the United States. Chapter Eleven of the North American Free Trade Agreement (NAFTA), Investor-State Arbitration, now gives new meaning to the established arbitral regime. For the first time in any trade pact in the world to date, the NAFTA provides a mechanism by which a private investor may submit a claim against NAFTA Party government to dispute resolution through "binding" arbitration. This system not only established an innovative solution to a bureaucratic quandary by raising the investor onto a level playing field with a government, but reaffirms the validity of commercial arbitration and demonstrates its adaptability to a changing political and economic environment. Investor-State "binding" arbitration is the only form of dispute resolution in existence which responds faster to the needs of North American investors than the courts or legislature. The influence of national laws and the jurisprudence of countries party to the NAFTA on the arbitral decision-making process not only will facilitate trade across North American borders, but will create a new body of transnational legal norms.

The relationship between, on the one hand, European Community Law and World Trade Organization Law and, on the other hand, domestic law lies at the heart of this thesis The European Treaty and the World Trade Organization Agreements have far reaching impacts not only on their Member States, but also on individuals. It is of crucial importance for the protection of individual rights and for the effective enforcement of these treaties whether individuals can invoke them before their national courts. After giving an overview of the general theories, which exist in international law with respect to the impact of international treaties on domestic law, this thesis analyzes the case law of the European Court of Justice regarding the impact of EC Law on domestic law and the impact of GATT 1947/WTO Law on the European Community. A review of this case law will demonstrate that the European Court has effectively promoted European integration by the doctrines of direct applicability, direct effect and supremacy. In contrast, the European Court has so far denied that individuals or Member States can challenge the validity of EC Law by invoking provisions of the GATT 1947. It is not clear whether the Court will change its attitude with respect to the WTO Agreements. This thesis will demonstrate that the general denial of direct effect to GATT/WTO Law is not based on legal reasons. With respect to the European Community, individuals must be allowed to rely at least on some of the provisions.

The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted when aviation was in its developing stage. In order to protect this infant industry, the Convention limited the liability of the air carrier in international air transportation to certain specified amounts. As time went by the Warsaw Convention was amended by several instruments. The end result is that there are several instruments to regulate the liability of air carriers engaged in international air transportation and most of these instruments provide only limited recovery to passengers. Often, passengers try to break the limits prescribed by the Convention alleging willful misconduct on the part of the carrier, his servants or agents or by bringing suits against potentially liable third parties like the aircraft manufacturer or by proving that the documents of carriage were faulty. In the mean time, Italy and Japan took matters into their own hands and raised the limits unilaterally. While Italy raised the limits to 100,000 SDR, Japan waived entirely the Warsaw systems limits of liability. / In this thesis, the development of air law till the adoption of the Warsaw Convention and the various amendments carried out to the Convention over the years will be discussed in the first two chapters. The third chapter mainly concentrates on the rationales for ratifying the Guatemala City Protocol through Montreal Protocol No. 3. While arriving at a conclusion as to why the Montreal Protocols have to be ratified for the successful unification of air carriers liability in international air transport, the Italian and Japanese "solutions" will be evaluated and conclude why those solutions are to be rejected outright. (Abstract shortened by UMI.)

The airline industry has entered into a new era. It has been under pressure to a regulatory reform from both inside and outside the industry. Traditional bilateralism has been challenged and a liberal regulatory approach has been called for. / With the conclusion of the GATS, it seems that no single sector of service should be excluded from its ambit. The extension of GATS principles to the international air transport, especially to "hard right", will require a significant change in approach to trade in air services. / It is submitted that the GATS multilateral approach is preferable to the existing regulatory arrangements for the economic regulation of international air transport. ICAO should continue its mission as a regulatory body with respect to technical matters. A true multinational framework for air transport under the WTO would serve consumers and the industry as well.

The interrelationship between trade objectives and environmental concerns lies at the heart of this research. After describing different trade regimes and environmental protection agreements, and offering the general framework of international law in which the trade-environment-development debate takes place, this thesis elaborates on the structures of international institutional authority that have been created through these trade regimes, environmental protection agreements and development organizations. A review of the existing international organizations will show us their strong points, usefulness and weaknesses, and will bring us to the statement of the necessity of new institutional authority in order to more effectively address the trade-environment-development issues at stake. On the one hand, the idea of a newly created Global Environmental Institution would highly improve the institutional potential in this debate, but is likely not a realistic option in the international arena of today. On the other hand, the option of institutional improvement and betterment of the existing international structures is more realistically feasible, and possibly the only way to achieve New Institutional Authority in the area of trade and environment today.

Competition law, as it applies to the maritime industry has on a global scale been subject to a "laissez-faire"-attitude. In fact, collusion has been encouraged. Collusion in the maritime industry has its historic origin in the colonial period. The evolution within this particular industry truly is a study in industrial organizational structure. / This Thesis sets out to explain and analyze the current regulatory scheme of the European Union, as it applies to the maritime industry (European, as well as non-European). This is accomplished through an in-depth statutory interpretation of EU Council Regulation 4056/86 dated 22/12 1986, laying down detailed rules for the application of Articles 85 and 86 of the Treaty of Rome to the maritime transport (Conferences), as well as the Commission Regulation 870/95 dated April 20, 1995 on the application of Article 85(3) of the Treaty of Rome to certain categories of agreements, decisions and concerted practices between liner shipping companies (Consortia). / This Thesis concludes that the former regulatory scheme is no longer up to date and thus requires replacement. The Thesis favours current developments within the maritime industry which call for increased co-operation and concentration among the carriers and providers of services (as well as co-operation as between the carriers and shippers), counter-balanced by restrictive regulation through the application of conditions, market share-restrictions and a limited five year application of the regulatory framework. / The former regulatory scheme, Council-Regulation 4056/86, which remains in force, must therefore be interpreted restrictively, and in accordance with the provisions of the Treaty of Rome, in particular Articles 85 and 86. / Finally, this Thesis provides various solutions to soften the impact of full-scale application of the competition law of the European Union, as it will be applied in the maritime industry.

The 1980 and 1993 Hague Conventions focused on two very important issues concerning children: illegal kidnapping and international adoption. The Conventions' drafters, faced with the opposing realities of globalisation and balkanisation in today's world, applied concepts of international cooperation to deter abuses against children. / The Conventions' articles are original in the methods they employ to coordinate private international law systems. They encourage and permit international cooperation. Their real impact, however, lies in the legal flexibility they generate. Indeed, the Conventions' goals are notably achieved through the creation and application of informal law. / Much pertinent literature has already been written on the specific technical mechanisms of the Conventions. I have taken a more wide-ranging approach in order to underline the weaker points in the Conventions' implementation, while also noting those that have strong potential for the future.