This thesis explores the trade related aspects of environmental standards. It assesses the potential for trade related conflict between Developed and Developing countries arising out of Unilateral Environmental Action (UEA). Furthermore it analyses the concept of Mutual Recognition (MR) and Mutual Recognition Agreements (MRAs) to understand how the inherent characteristics may potentially be utilized to reduce friction in international trade while implementing standards. The thesis also looks at the WTO compatibility of environmental standards, UEAs and MRAs. It uses a “Black Letter” methodology of doctrinal analysis, concentrating on doctrinal principles associated with the transnational governance of environmental standards and includes the analysis of statutes and cases of the WTO.

The thesis critically examines the view that associates religion with bellicosity in politics. It is argued that the structural link between religion and the propensity to (political) violence is inaccurate because (1) religious theories of just war can be shown to be tolerant of difference in important instances and thus not belligerent; (2) secular ideology can be shown to be intolerant and bellicose in important cases; and consequently (3) the more important explanatory factor of bellicosity is not necessarily religion but it can be found elsewhere. It is argued that the true source lies in the association of a monistic ideological commitment and the willingness of its political agents to impose it on those with different ideological views. The thesis is a critical and comparative discussion of those who have dealt with ideological violence. It compares interventionist theorists with those who are not in religious tradition and contemporary theory of just war to reveal that the cause of violence is located in an avoidable failure to reconcile religious morality and politics. The thesis adds a new perspective on the debate, calling for a rethink of the relationship between religion and violence in politics. It also proposes greater scepticism about widely held assumptions about the bellicose tendency of religiously motivated political agents, arguing that theorists should rethink the real cause of bellicosity beyond the religious domain and pay closer critical attention to the sources of the belligerence of secular agents.

In response to the fact that academic projects on lay participation in China written in English have been very scarce, and also the views of the three schools of Chinese scholars, this thesis will conduct a thorough review of lay participation in China. Chapter 1 of this thesis firstly outlines the worldwide situation regarding lay participation. Chapter 2 sets out the historical background to the growth of lay participation in China, by recounting the various forms of and experiments with lay participation during China’s history. Chapters 3 and 4 study the status quo of the sole form of lay participation in China today, that is, the mixed tribunal system. Chapter 5 looks into the contribution that lay participation could potentially make to Chinese society. Chapter 6 offers some proposals with regard to the prospective direction for developing lay participation in China, from a realistic perspective. The thesis finds that lay participation has been neither declining worldwide, nor has been absent during China’s history. It also finds that although the mixed tribunal system in China today faces an array of problems, lay participation may potentially contribute to Chinese society in terms of a better justice system and improved democracy. After clarifying the prospects for continuing lay participation in China and proposing possible reformative measures, my thesis concludes that the system, with careful reconstruction, deserves a position in China’s future legal system; and that the leftist proposal, to abolish lay participation in China, should be rejected.

In the contemporary political world order that continues to be structured by the principle of national sovereignty, states remain the most important instrument for the delivery of rights. If we want to understand how human rights can be realized in practice, we therefore have to study the conditions and processes of their institutionalization on the state level. While the United Kingdom was relatively slow, compared to other western European democracies, in the domestic institutionalization of international human rights norms and standards, governments in Britain have between 1998 and 2008 created a complex human rights regime that still awaits a comprehensive analysis and assessment. This thesis fills that gap. Focusing on the Human Rights Act as the legal centerpiece, the Joint Committee on Human Rights as the parliamentary scrutiny body, and the Equality and Human Rights Commission for Great Britain as the largest human rights commission, this thesis examines the extent to which the British Human Rights Regime has contributed to the institutionalization of human rights in the UK. To that end, it develops and deploys the sociological ideal type of the human rights state as a qualitative analytical framework and as an external benchmark that is able to integrate the legal, political, and wider societal dimensions of effective human rights institutionalization. Based on the thematic analysis of case law, official documents and elite interviews with public officials, this thesis argues that the Human Rights Act, the Joint Committee on Human Rights and the Equality and Human Rights Commission have contributed to a significant institutional change in the domestic recognition and protection of human rights. They have introduced new rights norms and safeguards into British law, established new mechanisms for judicial and political rights review, and brought about important legislative and policy changes. Yet, their efficacy suffers from structural limitations that have been imposed so as not to fundamentally disturb the concentration of political power in the executive which is preserved by the constitutional doctrine of parliamentary sovereignty. In the Westminster system of parliamentary government, this doctrine continues to allow the executive to dominate the legislative process without strong constitutional human rights safeguards that would be domestically enforceable against primary legislation. While the preservation of parliamentary sovereignty was a key political requirement that enabled progress to the present state of domestic human rights institutionalization, it also prevents the sustainable entrenchment of human rights as fundamental and universally binding norms for the legitimate exercise of all juridical, legislative and executive state power, thereby leaving the British Human Rights Regime at permanent risk of abolishment or degradation.

One of the most comprehensive collective rights regimes has been developed in the area of indigenous peoples and respective land and resource rights in particular. International legal instruments (ILO C169 and UNDRIPS) and Inter-American jurisprudence (e.g. the Saramaka and Sarayaku cases) significantly safeguard such rights. The latter materialise in the form of prior consultation mechanisms regarding natural resource extraction and ultimately exemplify indigenous peoples’ self-determination. However, practice shows that such collective mechanisms are established without truly taking indigenous peoples’ representative institutions according to their customs and traditions into account. This can be attributed to the fact that the interplay and local dynamics between indigenous communities, leaders and representative organisations are too complex to be reduced to collective wholes. In order to disentangle such dynamics, power relations between the players, issues of legitimacy, representativity and accountability of participatory mechanisms, and the inclusion of subgroups and individuals in collective decision-making are examined. By combining international legal standards and ethnographic research, a legal anthropological perspective informs this piece of research. Firstly, insights are gained by understanding individual or ‘subgroup’ rights in relation to collective claims in international and regional legal standards. Secondly, this relationship is observed by means of two case studies in the Bolivian Lowlands that shall shed light upon the implementation of such standards in the extractive sector. Thereby, specific subgroups are chosen to illustrate participatory exclusion and inequalities, including women (I), different age groups (II), monolingual people and persons with lower education levels (III) and local leaders (IV). Empirical insights draw on a prior consultation process with Guaraní people in the hydrocarbon sector and collective decision-making mechanisms in the case of Chiquitano people in the mining sector. Based on such empirical observations, a catalogue of guiding principles will be proposed in order to refine the existing UNDRIPS framework.

During the years between the Cold War and the Iraq War, neoconservatism underwent an important shift from a position sympathetic to realist thought to a position much closer to a particularly conservative form of liberal internationalism. This change has largely been ignored in the literature, and when discussed, simply attributed to new, more radical neoconservative actors replacing a more cautious cadre. This thesis utilises a ‘history of ideas’ approach to examine the evolution of neoconservative thought from an emphasis on stability and normality to one of ambitious transformation abroad and wide-ranging democracy promotion. It argues that this modification can be attributed to several material and ideational drivers. In material terms, the end of the Cold War and the ensuing decline of bipolarity in the international system in combination with the 9/11 terrorist attacks of 2001 were pivotal events in neoconservatism’s evolution. The former removed the primary constraint on the use of American power overseas, while the latter demonstrated, as far as neoconservatives were concerned, the cost to the US of inaction and restraint abroad. Ideationally, the advent of Francis Fukuyama’s ‘End of History’ thesis, an embrace of liberal democratic peace theory, and a religious ‘turn’ in neoconservative thought, all contributed to the development of a neoconservative foreign policy much more sympathetic to ideas of democracy promotion and humanitarian intervention.

In the last 30 years many changes have taken place within the Cowlitz Indian Tribe. These changes involve the tribe’s sovereignty and have greatly impacted the emic identity of the tribe. Previous identity research with the Cowlitz predates these changes and no longer accurately describe the Cowlitz. The question for this research was how have these changes affected the emic identity of the Cowlitz today as seen in their community and interactions? And how does their identity now compare with their identity in the times of pre-contact and initial contact with whites? This research uses Manuel DeLanda’s assemblage theory to assess and compare the emic identity of the contemporary and historical tribe in terms of sovereignty, identity, and cultural rejuvenation. When the structure, relationships, activities, and purposes of the tribe and groups within the contemporary tribe were analyzed, there was a striking resemblance to the community system described in early settler journals and histories of the Cowlitz. The research was cross-sectional, including ethnographic study, interviews of tribal members, document analysis, and historical analysis. In an attempt to allow the Cowlitz people to speak for themselves rather than project ideas onto the tribe, each section of the research first allows tribal members to voice their opinions and then relies on Cowlitz voices to confirm the analysis. The final dissertation was then submitted to the tribe for comment.