This thesis, based on empirical evidence and documentary analysis, critically evaluates the systems under the regulatory oversight of the Royal Thai Police (RTP), the Office of the Ombudsman, the National Human Rights Commission (NHRC) and the National Anti-Corruption Commission (NACC) in respect of the handling of police complaints. Comparisons will be drawn from the system under the control of the Independent Police Complaints Commission (IPCC) in England and Wales in order to provide alternative perspectives to the Thai police complaints system. This thesis proposes a civilian control model of a police complaints system as a key reform measure to instill public confidence in the handling of complaints in Thailand. Additional measures ranging from sufficient power and resources, complainants’ involvement, securing transparency and maintaining police faith in the system are also recommended to enhance the proposed system.

This thesis deals with the question of whether developing countries can effectively protect themselves against the effects of international cartels and what strategies they should develop in order to do so. While combating cartels has been one of the pillars of both domestic and international competition law policy, developing countries continue to suffer the brunt of the negative effects of international cartels. Because most developing countries have little to no functioning competition law policy, they are often the most likely targets of international cartels and therefore the most in need of assistance. This thesis will discuss both the qualitative and quantitative effects international cartels have on developing countries and the global market. This discussion will also include analysis of case studies conducted on the effects of these cartels. Another chapter will be devoted to the current legislation and strategies that have already been established to combat international cartels in general. The final chapters will cover what has already been done to help developing countries protect themselves and what the appropriate welfare benchmark should be when considering reform options. Global reform strategies discussed will include a discussion on whether forming a global, harmonised competition law agreement would be feasible and methods on how to foster greater cooperation between jurisdictions.

The doctoral research investigates the nature and elements of domestic mechanisms, including public private partnership (PPP) procedures, devised for the management of WTO disputes in selected developed and developing countries. With China, Brazil and India as its case-studies, the research explores various strategies to devise an effective PPP mechanism for handling international trade disputes in developing countries. The research objective is to explore the benefits of engaging the private sector in the intergovernmental process of WTO dispute settlement, and to identify the reforms that will be needed for devising a workable domestic framework for handling foreign trade disputes through PPP arrangements. The research highlights important issues and concerns that need consideration before any legal, institutional, regulatory and procedural reforms are carried out. Moreover, the research seeks to enable developing countries to critically evaluate a diverse range of PPP strategies employed so far, and to determine their individual approaches towards PPP and dispute management. The thesis constitutes a practical guidebook for policymakers in those developing countries which have the motivation to strengthen their WTO dispute settlement capacities. The topical area of research and pragmatic approach towards research questions, together with an empirical research methodology makes this study an original contribution to existing literature and knowledge.

Inaction by UN peacekeeping troops in the face of the commission of genocide in Srebrenica and Kigali raised significant questions regarding the duty owed by UN peacekeeping forces to those under their protection. Recent court judgments have recognised that the Netherlands and Belgium were to a certain extent legally responsible to protect those under the care of each state’s peacekeeping troops, and that also the role of individual peacekeeping commanders may be questioned. While peacekeeping commanders may have a moral responsibility to act, it is not realistic to argue that peacekeeping commanders have a legal duty to do so. As a result, the use of the existing options to establish criminal liability for a failure to act under domestic and international law would not be justified in relation to the conduct committed. This thesis argues that alternative options to the existing forms of criminal responsibility for military commanders should be considered, possibly focusing more clearly on failing to fulfil a norm of protection that is specific to peacekeeping and distinct from protective obligations under international human rights law and international humanitarian law. Establishing law tailored to the context of peacekeeping would be an important step towards clarification of the obligations and responsibilities held by military commanders in UN peacekeeping missions.

The Pre-Trial Chamber (PTC) of the International Criminal Court (ICC) was conceived of as the Court’s gatekeeper and empowered in the Rome Statute to provide an essential counterbalance to the significant discretionary powers granted to the Prosecutor. This thesis analyses in detail the PTC’s powers at the different stages of the Court’s proceedings in which it is called to intervene – ie pre-investigation, investigation and pre-trial stages – and argues that, in general terms and save some limitations, the PTC has the necessary tools to carry out its function. In particular, the PTC has been empowered to prevent possible abuses of power and shield the Prosecutor from external pressures through the judicial review of his most critical discretionary decisions. By way of that judicial control, the PTC is meant to examine the rationale behind the Prosecutor’s decisions in order to guarantee that the exercise of discretion is not abusive or the result of improper political pressures. This is necessary to safeguard the legitimacy of the institution as a whole and to protect the rights of those that can be affected by the Court’s investigations and prosecutions. However, a systematic evaluation of the way in which these powers have been applied reveals that the PTC’s judges have adopted a rather cautious approach to their role, showing some reluctance to firmly scrutinise the Prosecutor’s exercise of discretion. As a result of the Court’s inherent limitations and the political climate in which it operates, there is a concrete risk that external actors may try to politicise the role of the Court, exerting political pressures on the Prosecutor. The adoption of a more proactive and firm role by the PTC will not only encourage a more transparent decision-making process by the Prosecutor, but will also urge cooperation and genuine investigations and prosecutions at the national level, therefore minimising the risk of the Court’s political instrumentalisation. Accordingly, this thesis argues that, for as long as the PTC boldly embraces its full powers, the ICC will function smoothly and strengthen its reputation as a fair and impartial means by which to obtain international criminal justice.

The 1995 UNFSA creates a door for fishing entities’ participation in conservation and management regimes regarding straddling and highly migratory fish stocks through separate RFMOs. However, fishing entities are different from states, leading to some ambiguous circumstances in RFMOs, especially in high seas enforcements. This thesis reviews the concepts of fishing entities and considers fishing entities’ status in international law of the sea and the RFMOs. Then, it considers the role of fishing entity enforcement in high seas with being equivalent to a flag state and non-flag state. This thesis then considers the problems that fishing entities may encounter in high seas enforcement. Finally, it represents the practices of fishing entity enforcement in high seas with a special reference to the role of Taiwan in RFMOs.

The study analyses the extent to which efforts are being made at national, regional and continental level towards establishing the free movement of workers in the African Union (AU) and recognised African sub-regional organisations including a comparative analysis with similar policies and approaches in the European Union (EU) where this principle is highly respected. It also identified the extent to which major challenges such as institutional and legislative differences (i.e. legal constraints, political and cultural obstacles) in member states have affected the progress of endeavours to meet objectives of the AU. This study has mentioned nomads and semi-nomads who are moving seasonally as part of their ancient traditions, however are not protected in the above legal frameworks. It is recommended that the AU should take charge of the integration process and revise the legal frameworks of economic integration rather than delegating this task to the African sub-regional organisations. Nomad’s rights should be enshrined in legal frameworks as one of the most important parts of the integration project in Africa.

Marine biodiversity is of significance to the existence of humankind but has been experiencing globally continuous deterioration due to anthropogenic activities in the past decades. It has been generally accepted that damage to marine biodiversity is mainly caused by marine pollution, alien invasive species, unsustainable use and overexploitation of resources such as overfishing, destructive fishing operation and illegal, unreported and unregulated fishing, habitat loss, and climate change. Due to its importance, marine biodiversity must be protected and when damaged there should be liability imposed on the polluter. This thesis assesses the extent to which existing international law covers damage to marine biodiversity, permits actions and ensures recovery. To answer these questions, this thesis comprehensively examines the relevant international legal instruments on prevention and protection of marine biodiversity. It finds that protection of marine biodiversity under the current regulatory framework is piecemeal and no comprehensive liability regime exists. The factors hindering the development of an international liability regime for such damage include conceptual problems of the concept of marine biodiversity and the definition of damage to marine biodiversity, and the lack of baseline conditions as reference for the damage. Because of the gaps and inadequacy of the existing regimes which concern liability for damage to marine biodiversity, the thesis advocates that a liability regime for such damage shall be established and several important elements of such a regime are analysed. For this regime, the thesis discusses the theoretical basis first and then suggests a structure that will include relevant national legislation to be developed or refined, changes of the current multilateral liability regimes, and the creation of a new international legal instrument comprehensively addressing liability for damage to marine biodiversity within and beyond the areas of national jurisdiction. Significant obstacles in developing such a regime are identified and discussed.

A case study of acquisition of Russian brewery Bravo, by Heineken. An example of how foriegn investment could be attracted, prospects, opportunities.

The argument of this thesis is that measures taken by international bodies to establish the rule of law in postconflict situations are undertaken in the mistaken belief that they will automatically enhance conditions for the rule of law to flourish. In fact, examination of the situation in Southern Sudan demonstrates that there is a wide disconnection between the measures pursued and the outcome of the process. This study will therefore inquire into the different meanings attributed to the concept of the rule of law in order to establish what the concept signifies in the context of statebuilding, with a focus on Southern Sudan. How does the theoretical understanding of the rule of law correlate with the legal and institutional measures taken by international organizations such as the United Nations and the African Union to build the effectiveness of the state in Southern Sudan? The study will further address issues such as what kind of state institutions are envisaged by rule of law reforms, together with the historical and theoretical imperatives which orient and drive the rule of law building process in post-conflict situations. The research is envisaged as a contribution to the debate on how to make ‘rule of law work on the ground’. It is hoped that if practitioners and policy makers take into account the findings of this study, their contribution to rule of law reforms in countries like Southern Sudan that have experienced protracted conflicts will not only achieve their objectives of reforms but also significantly improve the social and economic wellbeing and human rights protection of the people in whose name these reforms are pursued.