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The Montreal Convention of 1999 : a "well-worn" restructuring of liability and jurisdictionSerrao, Jacqueline Etil. January 1999 (has links)
On 28 May 1999, ICAO successfully adopted a new Convention for the Unification of Certain Rules for International Carriage by Air, otherwise known as the Montreal Convention of 1999, which modernizes and consolidates the "Warsaw System". ICAO viewed the merger of several international instruments of private international air law into one legal instrument as a milestone in the history of international law making. However, the rules presented in the Montreal Convention represent principles not unique to the international airline community as they have been tested in the industry for nearly a decade. This thesis analyzes two such provisions, liability and jurisdiction. Chapter One presents the history of the "Warsaw System" and the individual and collective State and private air carrier actions which have given these two principles "face-lifts" throughout the years in order to update their antiquated and unjust effects. Additionally, Chapter One concludes with the drafting history of the Montreal Convention, specifically focusing on the liability and jurisdiction rules. Chapter Two analyzes the liability provisions and the effects that the new two-tier system with its strict liability up to $135,000 U.S. in the first tier and presumed fault---unlimited liability in the second tier will have on the States, carriers, and insurance premiums. Chapter Three explores the consequence of the inclusion of the fifth jurisdiction in the Montreal Convention, a concept which invoked much criticism, yet is not unique to most legal systems of the world. Chapter Three also examines the effects that the fifth jurisdiction coupled with the unlimited liability regime will have on States and carriers alike.
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Criminal Accountability of UN officials serving in peacekeeping operations : With focus on sexual exploitation and abuseThoms, Anna January 2014 (has links)
The purpose of this thesis is to investigate the criminal accountability of UN officials. To do this, the question if UN officials are in fact held accountable and if so, who holds them accountable, will be investigated. Who has the legal authority to impose criminal accountability on UN employees committing crimes? Further, if they are not, what could be done to ensure criminal accountability?
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Teismingumo problemos tarptautiniame civiliniame procese / Jurisdiction Problems in the international Civil ProcedureKiudelytė, Renata 03 June 2005 (has links)
This Master‘s paper is about problems, which arise out of jurisdiction regulation of cases with international element in national and international level. In the first part of this paper author gives a definition of international jurisdiction and discusses its significance to the recognition and enforcement of judgments. Later after having analyzed national laws of different states (Germany, France, U.K., Lithuania, etc.) and EU documents - Brussels convention (1968) and Regulation No. 44/2001, as well as some cases of Lithuanian Supreme Court, European Justice Court and USA courts and having done a sociological research of Lithuanian judges‘ opinion, detailed analysis of such problems as parallel litigation, exorbitant jurisdiction and forum shopping is given. Then author discusses how these problems can be solved and gives a way to solve each problem – respectively, lis alibi pendens, unification and forum non conveniens doctrine. Each way is seen through analysis of its advantages and disadvantages and how it can be applicable to Lithuanian civil procedure law. Research showed that national efforts to solve jurisdiction problems in the international civil procedure are not sufficient and (or) not effective. Thus first of all states must cooperate with each other and coordinate their positions.
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The theory and practice of managing organisational redesign within a public sector agencyBrown, Stephen P. January 2009 (has links)
This folio explores the theory and practice of managing organisational redesign within a public sector agency— the 'Out of School Services‘ provided by an education jurisdiction, Fraser Cooloola district, within Education Queensland, Australia. The objective of the project and research was to develop and implement an approach to organisational redesign that derived from Limerick et al.‘s (1998) Fourth Blueprint theory (particularly their concept of metastrategy), and to measure the impact of the redesign process on selected organisational operations within the education jurisdiction. In the context of this study, Limerick et al.‘s metastrategic management cycle (1998) is defined as an approach to strategic management that is constituted of four elements— (a) founding vision (b) identity (c) configuration design and (d) systems of action (Limerick et al. 1998, p 152).The concept of metastrategy is revealed by the research as having clear potential for application in public sector settings. That is, the study captured its successful application to the task of leading a process of organisational redesign within an education system and uncovered complex subtleties of that application. The study also revealed that organisational redesign to bring about sustained cultural change in a public sector setting is difficult, complex and subject to threat by political decisions. In leading and managing the process of organisational design in an educational setting, eleven key leadership skills across three distinct domains - individual leadership capacity and action; conceptual development and organisational implementation - were found to be significant: The leadership skill areas are: (1) developing clarity regarding professional values, the nature of the design task and how a leader might undertake the task; (2) developing a set of options informed by a synthesis of local priorities, the broader organisational direction and relevant, organisational theory; (3) undertaking engaged and purposeful communication aimed at creating greater knowledge of the design or adding value to the intended design and the quality of its implementation; (4) creating a common language as a platform for engaging stakeholders; (5) leading in a manner that encourages creative difference and distinctiveness; (6) displaying a capacity for reflective appraisal; (7) acknowledging pertinent ethical considerations; (8) Identifying, engaging, managing and leading key stakeholders; (9) assessing important leverage points; (10) identifying relevant networks and (11) setting and implementing governance arrangements. These eleven skill areas complement and extend Limerick‘s metastrategic management cycle with its four basic elements of: - founding vision; - identity - configuration design; and - systems of action Each of the above four elements generally align with two of the three domains developed to capture the nature of critical leadership skills required to lead organisational redesign in an educational setting—inner circle or domain-individual leadership capacity and action and middle circle or domain. The leadership skills captured in the outer domain entitled 'organisational implementation‘ extends on the metastrategic cycle by giving focus to the processes that need to be considered when applying the metastrategic management cycle.
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Die besondere Bedeutung des Falles gemäß 24 Abs. 1 Nr. 3 Var. 3 GVG : eine Untersuchung zur Zuständigkeitsverteilung von Strafsachen auf Amts- und Landgericht /Berg, Alexandra von. January 2005 (has links) (PDF)
Thesis (doctoral) -- Berlin, Humboldt-Univ., 2005. Humboldt-Univ., Diss.--Berlin, 2005. / Literaturverz. S. 203 - 234. Includes bibliographical references (p. 203-234) and index.
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Le droit de propriété dans les jurisprudences des juridictions suprêmes françaises, européennes et internationales /Pavageau, Stéphanie. January 2006 (has links) (PDF)
Univ., Diss.--Poitiers, 2002. / Nebensacht.: Le droit de propriété dans les jurisprudences suprêmes françaises, européennes et internationales.
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Individual criminal liability for the international crime of aggression /Kemp, Gerhardus Phillippus. January 2008 (has links)
Dissertation (LLD)--University of Stellenbosch, 2008. / Bibliography. Also available via the Internet.
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Die völkerrechtliche Kriminalisierung von modernen Akten des internationalen Terrorismus : unter besonderer Berücksichtigung des Statuts des Internationalen Strafgerichtshofs /Wolny, Kerstin. January 1900 (has links)
Thesis (doctoral)--Universität, St. Gallen, 2006. / Includes bibliographical references (p. [289]-312) and index.
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Nichtmilitärpersonen als mittelbare Täter rein militärischer Straftaten und als Anstifter zu diesen Delikten /Eisner, Otto. January 1918 (has links)
Thesis (doctoral)--Ruprecht-Karl-Universität in Heidelberg.
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Die deutschen Konsulargerichtsbezirke und ihre Natur im Strafrecht /Kistemaker, Johannes. January 1900 (has links)
Thesis (doctoral)--Universität Greifswald.
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