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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
341

Evaluating biosecurity law and regulation in developing countries : case studies from Belize

Outhwaite, Opi Maryse January 2006 (has links)
Biosecurity is the term used to refer to the management of risks to human, animal and plant health and safety from cross-border movement of living organisms and goods. The implementation of national legal and regulatory frameworks for Biosecurity will be affected by the various international agreements and standards to which a state is a member. In particular, agreements introduced by the World Trade Organisation (WTO) impose certain restrictions on measures that member countries can adopt for Biosecurity. Furthermore, uncertainties arise from contradictions and conflicts between important Multilateral Environmental Agreements and WTO requirements and these create difficulties for developing countries in particular. The research reported in this thesis focused primarily on the implementation of national Biosecurity frameworks in this context. This was an important departure from much of the literature, in which existing work as well as the identified need for research has focused on apparent conflicts at the international level. The present research sought not to pursue strict hypotheses but to identify the actual challenges and limitations, as well as successes, of Biosecurity frameworks in Belize. The methodology adopted to achieve this was grounded theory. Key characteristics of this were a departure from the traditional legal-centralist approach and the investigation issues at the ground level, through consultation with a broad range of stakeholders. The adaptation of qualitative data analysis procedures, and the application of these using specialist software, was a further important development, allowing for improved evaluation of the interview data. The investigation of Belize's pesticides control and agricultural health frameworks provided substantial empirical data highlighting not only the difficulties concerning implementation of international agreements but also to a range of other important issues. Whereas the burden associated with international agreements was clearly a restraint, the apparent conflicts and tensions between trade and environment agreements, which have been the focus of so much literature, were not seen to be significant. The extent to which the regulatory authority interacts with the regulated community was, however, seen to be an important influence on the success of both frameworks, affecting levels of stakeholder awareness and support for regulation. Enforcement is also important. Although sanction-based enforcement might not commonly be necessary there is a need for a clear distinction between enforcement and other (assistance-based) activities. Other bodies ('third parties') including regulatory agencies, private sector bodies and regional institutions play an important role, either official or de facto, in these frameworks. Governance was also an issue for the regulatory authorities. The implications of these findings for future research are discussed.
342

The United Nations and international peace and security : a legal and practical analysis

Aminzadeh, Elham January 1997 (has links)
The United Nations, as an organisation created by equal sovereign states and built upon a single set of principles as the UN Charter, has the capacity and responsibility to deal with matters in the sphere of international peace and security. The Cold War put an obstacle in the way of the Organisation to use its delegated powers in conflict resolution within the few years of its establishment. As a result, and because of the necessity to deal with international conflicts, the institution of peace-keeping emerged with the aim of deploying forces not to end the aggression, breach of or threat to the peace, but for supervision of cease-fires or providing an interposition force between the belligerents, characterised by impartiality and a limited military capability. The demise of the Cold War offered the opportunity to the Organisation, especially to the Security Council, to use its powers to implement law and order among nations. In the post-Cold War era, the Security Council extended its interpretation of the notion of "threat to the peace" and restricted the principle of "domestic jurisdiction". The Council has authorised an individual state or a group of states to use force for humanitarian purposes and human rights concerns. To study the role of the United Nations in the field of international peace and security, and to investigate its developments, legality of actions, successes and failures, it is necessary to gain a clear understanding of what was originally intended by the founders of the Organisation. This thesis examines initially the provisions of the Charter on the role of the UN organs in maintaining and restoring international peace and security with reference to the discussions at the San Francisco Conference. Since the institution of peace-keeping was not envisaged in the Charter, an investigation is carried out on its constitutional and legal basis, referring to the advisory opinion of the international Court of Justice and Chapters VI and VII of the Charter.
343

The projected Arab Court of Justice : a study to its draft statute and rules, with specific reference to the International Court of Justice and principles of Islamic Shariah

Thani, Ahmed Abdulla Farhan January 1999 (has links)
The present thesis deals with the projected Arab Court of Justice (ACJ) as a regional court, expected to be created within the League of Arab States system. Chapter one deals mainly with the basic structure of the League of Arab States itself, its membership, its organs, the settlement of disputes, and the reasons that are delaying the creation of the ACJ and the role it will be expected to play in settling inter-Arab disputes. In the second chapter comprehensive information on the function of the judicial power in Islamic Shariah is presented, including the status of judges in Islam, their appointment, qualifications, independence and other issues related to them. Chapter three concentrates on the organisation of the projected ACJ, comparing its draft Statute with the Statute of the International Court of Justice (ICJ) and other regional international courts. The chapter will also show how far the Arab draftsmen have been influenced by principles and rules of Islamic Shariah, especially in matters relating to the qualification of judges. Furthermore, the chapter will discuss other points related to the organisation of the bench such as nomination of candidates, system of election, constituting chambers, appointing ad hoc judges etc. The fourth chapter explains in detail at the level of theory as well as of practice the role of Islamic Shariah as a source to be applied by the projected ACJ. The chapter points to the need to discuss the origins and fundamental conceptions of Islamic Shariah as a law capable to be applied by the projected ACJ. Chapter five continues with a discussion of the jurisdiction of the ACJ, and makes detailed reference to the concepts of jurisdiction ratione personae, ratione materiae and the function of the ACJ to give advisory opinions. The thesis considers whether the Arab drafters have developed the above terms or have simply adopted them as they exist in the Statute of the International Court of Justice. The conclusions summarise the findings of the Thesis, and are accompanied by some critical remarks.
344

Individual criminal accountability of UN police personnel

Kihara-Hunt, Ai January 2015 (has links)
UN police are involved in establishing the rule of law, in UN Peace Operations. However, they themselves commit serious crimes, but are not generally prosecuted. This is likely to have an impact on the UN’s effectiveness and legitimacy. Are the UN’s mechanisms for addressing criminal accountability effective? If there is a problem, how can it be mitigated? To answer these questions, the qualifications, qualities and functions of UN police were identified. Next, an attempt was made to quantify the problem of their criminal behaviour. Current accountability mechanisms were assessed. Jurisdictional and immunity issues were examined as potential barriers to prosecution. Finally, the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police were examined. Research confirmed that UN police officers commit serious crimes, but probably mostly while not on duty. Whether officers commit crimes appears to be linked more to their personal integrity than their functions. In the main, they are not being called to account. In addition, the UN is not effective in generating information fit for use in criminal proceedings. However, the laws on jurisdiction and immunity do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions. The finding that States, and arguably the UN, have an obligation to investigate and prosecute crimes may encourage prosecution. The lack of criminal accountability of the UN police appears to be linked to the mismatch between the ambitious Peace Operation mandates and the number of qualified personnel these attract. The UN also lacks transparency, which makes it difficult accurately to determine the scale of the problem. It is recommended that these issues be discussed frankly in the UN’s political organs.
345

Legal aspects of corporate finance : the case for an emerging stock market

Mwenda, Kenneth Kaoma January 2000 (has links)
This work argues that the development of the Lusaka Stock Exchange into a competitive stock market has been constrained by a number of factors which include inadequate liquidity on the market and weaknesses in the legal framework for regulating public distribution of securities in Zambia. Proposals to overcome these constraints are spelt out in the work. The need to establish a regional stock exchange and promote multiple listings and cross-border trade in securities - so as to stimulate increased liquidity on markets in Eastern and Southern Africa - is noted. The study also provides a comparative analysis of the law in Zambia and that in jurisdictions such as the United Kingdom.
346

The regulation of foreign investment in Kuwait : the role of law, politics and economic policy in the development process

Al-Yagout, Mona Mohammed Abdulla January 1997 (has links)
The relationship between law, foreign direct investment (FDI) and development is a neglected area of investigation, and this study seeks to contribute to the understanding of that relationship through an analysis of the legal regulation of FDI in Kuwait. As well as offering a general theoretical appraisal of the role of FDI in development, it puts forward some practical proposals for legislative innovation and administrative reform in Kuwait with the intention of showing how greater encouragement can be given to the expansion of FDI with a view to promoting the country's future economic and social well-being. The approach in this thesis stresses the importance of considering the effectiveness of Kuwait's FDI regulations against the background of the country's historical evolution and in relation to the distinctive patterns of political economy which have emerged in Kuwait's twentieth-century transformation from a traditional to a more modern society with an impressive level of welfare provision. In this respect, considerable attention is given to the significance of the various oil concession agreements between Kuwait and foreign investors for the exploration and marketing of oil. It is these agreements which have led directly to the growth and development of the country's current FDI regulations, and which have gradually enabled Kuwait to determine its own foreign investment policies as British influence has declined and national independence has been gained. Criticisms are offered, however, of the failure of Kuwait to pay sufficient attention to the role of FDI in the non-oil sectors of the economy. The close examination of the law and administrative practice of FDI in Kuwait reveals a range of failings and inadequacies which have tended to have a negative effect on the attraction of FDI. This particular area of policy in Kuwait has developed in a somewhat piecemeal fashion without sufficient coherence and co-ordination.
347

Moving from 'central exclusivity' to cooperative federalism in the international economic participation of federal systems : a case study of Nigeria

Omiunu, Ohiocheoya January 2014 (has links)
Conventionally, the conduct of foreign relations (including international economic relations) by nation-states has been the exclusive preserve of the central tier of government (i.e. ‘central exclusivity’ in foreign relations). However, the peculiarities of federal systems have posed a serious challenge to this conventional position. This is because federalism is based on principles which require shared powers between multiple levels of government. As such, Sub-Federal Governments (SFGs) have been known to affect the operation of international norms in federal systems. Furthermore, the international system is constantly evolving due to geopolitical changes, most notably globalisation. These changes in the international system have facilitated an increased participation of SFGs in international relations and as a consequence brought into question the continued relevance of conventional norms pertaining to foreign relations in international law. With regards to Nigeria, and in the specific context of international economic relations, empirical evidence shows that since the start of the 4th democratic Republic in 1999, SFGs in Nigeria are increasingly accessing international markets and engaging in activities which have direct and/or indirect impact on Nigeria’s international economic relations. This trend contradicts the constitutional position in Nigeria, where the extant theoretical framework underpinning Nigeria’s international economic participation gives plenary powers for foreign relations to the Federal Government (FG). In light of this contradiction, this thesis examines the divergence between theory and reality in Nigeria’s international economic relations. This thesis puts forward a proposition that the functional reality of international economic interactions in the current dispensation necessitates a re-assessment of the existing framework underpinning the relationship between domestic (federal) and international regimes in international economic relations. In the context of Nigeria, this thesis concludes that the changing dynamics of international economic relations necessitates a shift from central exclusivity to a cooperative federalism model.
348

The social and environmental responsibilities of EU multinational corporations in Saudi Arabia : a critique of the Saudi national law and a proposal for a new legislative framework

Alyazidi, Mohammed S. January 2016 (has links)
This thesis examines the social and environmental responsibilities of EU multinational corporations (MNCs) in Saudi Arabia. It found that such corporations do not have enough social and environmental responsibilities when they operate in Saudi Arabia. It argues that as Saudi Arabia seeks economic growth, the Saudi government should ensure that strict regulations are adopted in order protect the environment and the people. The development needed by Saudi Arabia through foreign investment needs to be subject to environmental and social considerations. Therefore, the thesis argues that the Saudi government should introduce reforms to its company law and corporate governance regulations. Moreover, this thesis introduces a proposal for a new corporate responsibility law in Saudi Arabia.
349

"Doing justice" versus "undoing injustice" : factors influencing the experience of engaging with the Criminal Justice System for survivors of child sexual abuse

Harper, Sarah Catherine January 2018 (has links)
Purpose: This study aimed to explore factors that may influence the experience of engaging with the Criminal Justice System (CJS) for adult survivors of child sexual abuse (CSA), from the perspective of key informants. These informants offered expert perspectives on an under-researched topic, based on their in-depth experience of supporting a wide range of survivors of CSA through the legal process. Background: Although a more common experience than one might think, child sexual abuse (CSA) is an offence that is not often prosecuted. This is due to a range of reasons, including its significant impact on those abused, delayed disclosure, and a reluctance to engage in a legal process that has been described as “re-traumatising” for victims of sexual assault (Clark, 2010). In Scotland, this has led to significant comment about and concerted motivation to adapt the prosecution process to more effectively meet the needs of victims and improve their experience of engaging with the Criminal Justice System (CJS) (Scottish Courts & Tribunals Service, 2015). The purpose of this study is to examine in more detail the current CJS from the standpoint of those supporting survivors of CSA through it, to better understand its impact and how it might be better adapted to their needs. Method: Support professionals from the Crown Office and Procurator Fiscal Service (COPFS) and Rape Crisis Scotland were recruited. Eight ‘key informants’ with extensive experience in supporting survivors of CSA were interviewed regarding their perceptions of what factors influence survivor’s experiences of engaging with CJS. Thematic analysis was used to analyse the interview data. Conclusions: Two key themes were identified: ‘Justice: Not just what happens, but how’ and ‘Danger of getting it wrong: More harmful than helpful’. Themes emphasised the range of experiential factors which were perceived to affect survivors’ experience of the CJS beyond the legal verdict alone and the detrimental psychological impact associated with negative experiences of engaging with the legal process. Recommendations for practice and reform are outlined.
350

The role of consent in the trafficking of women for sexual exploitation : establishing who the victims are, and how they should be treated

Elliott, Jessica Christine January 2011 (has links)
The most recent international legal definition of „trafficking in humans‟ is provided within Article 3 of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and is reproduced verbatim in Article 4 of the Council of Europe Convention on Action Against Trafficking in Human Beings, and almost verbatim in Article 2 of the recent Directive of the European Parliament and of the Council on preventing and combating trafficking in human beings and protecting its victims, 2011. This definition has taken significant and at times controversial steps in clarifying what human trafficking is in a legal sense. The definition is comprised of three elements – the „action‟, „means‟ and „purpose‟, all of which must be present in order for the activity in question to constitute human trafficking. The definition goes on to state that consent is irrelevant where any of the listed „means‟ such as force or coercion have been employed by the trafficker(s). The „lack of consent‟ element has the potential to be problematic, due to the elasticity of the notion of consent. If it is to be accepted that consent (or lack thereof) is relevant in the context of human trafficking – and therefore sexual exploitation – then this renders it difficult to determine who are, and who are not, victims of human trafficking, and leaves those who have „consented‟ in a state of limbo – they have been less than trafficked, but more than smuggled. This thesis aims to explore the nature and role of consent in the transnational trade in women for sexual exploitation, and what the ramifications of inclusion of this controversial element are for the putative victims.

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