Šiame magistro baigiamajame darbe nagrinėjama tema „Libijos ginkluoto konflikto (2011 – 2012) tarptautiniai teisiniai aspektai”. Baigiamojo darbo tikslas – įvertinti Libijos ginkluotą konfliktą pagal tarptautinės teisės normas. Pirmajame baigiamojo darbo skyriuje pateikiama Libijos konflikto faktų apžvalga. Analizuojamos Libijos konflikto priežastys bei nurodoma chronologinė įvykių eiga. Išryškinamas Libijos ginkluotųjų pajėgų siekis nuslopinti sukilimą žiauriomis priemonėmis, ypatingą dėmesį skiriant tarptautinės teisės pažeidimams. Antrajame skyriuje apžvelgiami atskiri Libijos konflikto etapai taikytinos teisės aspektu. Libijos konflikto transformacija analizuojama remiantis tarptautinės humanitarinės teisės normomis bei Tarptautinių teismų praktika. Analizės pagrindu pateikiamas atskirų konflikto etapų tarptautinis teisinis vertinimas. Akcentuojama trečiosios šalies intervencija į konfliktą bei šalių teisinio statuso pokyčiai. Trečiajame skyriuje aptariami humanitarinės intervencijos į Libiją probleminiai aspektai. Pateikiamas intervencijos vertinimas pagal Jungtinių Tautų Saugumo Tarybos rezoliucijas. Šiame skyriuje identifikuojamos pagrindinės humanitarinės intervencijos problemos bei nurodomi galimi jų sprendimo būdai. Ketvirtajame skyriuje analizuojami Libijos ginkluoto konflikto šalių padaryti tarptautiniai nusikaltimai. Tarptautiniai nusikaltimai vertinami pagal Tarptautinio baudžiamojo teismo statuto nuostatas. Šiame skyriuje taip pat išryškinamos tarptautinės... [toliau žr. visą tekstą] / Following master thesis analyses international legal aspects of the armed conflict in Libya (2011 – 2012). The goal of the graduation paper is to evaluate Libyan armed conflict in terms of international law. In the first chapter, the timeline of Libyan armed conflict is discussed. The main roots of conflict and the chronological events are also included into this chapter. Libyan armed conflict legal analysis emphasizes the suppression of the rebellion. The most important issue is stressed to be the violations of international law. Second chapter overviews the multifaceted progression of the Libyan armed conflict. The transformation of Libyan armed conflict is estimated according to international humanitarian law and case law. The applicability of international law norms is also the subject of this chapter. The third states intervention into existing armed conflict is prerequisite for the legal status changes of the parties. In the third chapter the main issues of humanitarian intervention are discussed. According to the legal analyses of the United Nations resolutions, the main problems of humanitarian intervention in Libya are identified and suggestions are presented. In the fourth chapter international crimes committed by parties are overviewed. International crimes committed by parties are estimated according to the Rome Statute of International Criminal Court. International criminal responsibility issues are also included into this chapter. The main sources, used in the... [to full text]

Security Sector Reform (SSR) has been established as a powerful tool in achieving sustainable peace in post-conflict countries, a belief which has strengthened since the events of September 11th 2001, and the subsequent war on terror which has seen both the UK and US heavily involved in peacebuilding operations in both Iraq and Afghanistan. However there is a concern that following these experiences, SSR has become little more than a process of building the military capacity of recipient countries in order to meet the immediate security needs of donor states. If this is true, then it could be interpreted as a regression in security thinking, where policy makers are focusing once again on state-centric notions of security as opposed to a new security thinking which considers the human security of all. This Master thesis seeks to investigate the current security thinking behind the United Kingdom’s policies with regard to assisting foreign states in their attempts at Security Sector Reform. Research, in the form of a qualitative content analysis within a case study, was conducted in order to gain an understanding of the UK’s overall assistance strategy in a real world context by identifying specific actions carried out by the UK as part of their involvement in the new Libyan Governments SSR process. These findings were then compared to an internationally recognised standard built on a holistic and long-term understanding of SSR in an analytical process in order to make interpretations and draw conclusions. In conclusion, the UK’s assistance strategy can be considered holistic and long-term; centred on building strategic influence within the new Libyan Governments security apparatus in order to effectively advocate the implementation of democratic reform and a human rights based approach to future SSR. However, that the UK is actively providing arms to Libya, despite the concerns of potentially fuelling conflict, leaves one to question how far new security thinking has really permeated British policy making.

Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, Sept. 2004. / Thesis advisor(s): Jeffrey W. Knopf. Includes bibliographical references (p. 101-107). Also available online.

Thesis (Ph.D.)--University of Wollongong, 2008. / Typescript. Includes bibliographical references: leaf 150-165.

Submitted by Fernando Luz Brancoli (fbrancoli@gmail.com) on 2016-05-12T14:07:08Z No. of bitstreams: 1 Tese Fernando Brancoli.pdf: 1557179 bytes, checksum: 03f67eab386fbe2e2dc3e2fc4047a61e (MD5) / Approved for entry into archive by Felipe Augusto Arakaki (arakaki@reitoria.unesp.br) on 2016-05-16T12:39:58Z (GMT) No. of bitstreams: 1 brancoli_fl_dr_mar.pdf: 1557179 bytes, checksum: 03f67eab386fbe2e2dc3e2fc4047a61e (MD5) / Made available in DSpace on 2016-05-16T12:39:58Z (GMT). No. of bitstreams: 1 brancoli_fl_dr_mar.pdf: 1557179 bytes, checksum: 03f67eab386fbe2e2dc3e2fc4047a61e (MD5) Previous issue date: 2016-02-16 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES) / O argumento central da pesquisa fundamenta-se na capacidade das Companhias de Segurança Privadas (CSP) influenciarem cenários de conflito contemporâneos, no caso específico para a Guerra do Afeganistão, entre os anos de 2001 e 2011, e da Líbia (2011-2012). Sugerimos que as CSP possuem uma disposição ainda pouco estudada para conformar pontos nevrálgicos relacionados com a segurança internacional, dentre eles o caso analisado, nos teatros de operações do Oriente Médio e do norte da África. O objetivo da pesquisa é demonstrar qual o impacto dessas Companhias, ressaltando como a instrumentalização dos discursos feitas por essas empresas encontram eco explicativo parcial no princípio de Securitização, abordado pela chamada Escola de Copenhague. Pela própria natureza do campo de estudo, nos pautamos principalmente em fontes primárias, como entrevistas realizadas nos dois países entre 2012 e 2015. Empregamos ainda documentos oficiais, tanto do governo norte-americano quanto de especialistas das CSP, além da bibliografia especializada. Sugerimos ainda que tais Companhias, combinando características locais e internacionais, acabam por resiginficar capitais e possibilidades, formando atores distintos, chamados aqui de Companhias Antropofágicas de Segurança (CAS). As CAS possuem uma capacidade ainda não analisada na literatura tradicional para definir, por exemplo, distribuição de tropas, escolha do inimigo e emprego de novos armamentos, mobilizando justamente o discurso de emergência e a necessidade de ferramentas não estabelecidas no marco legal. / The central argument of the research is that Private Security Companies (PSCs) are able to chaperon contemporary conflict scenarios, in this case, the Afghan war, between 2001 and 2011, and Libya (2011-2012). We suggest that the CSP have a provision, not well researched, to impact hotspots related to international security, including the case analyzed in the theaters of operations in the Middle East and North Africa. The objective of the research is to demonstrate the impact these companies, highlighting how the instrumentalization of the speeches made by them are partial explained by the concept of securitization, covered by the so-called Copenhagen School. The research is based in primary sources, such as interviews in both countries between 2012 and 2015. We also used official documents, both the US government and experts of the CSP, as well as academic literature. We suggest that such companies, combining local and international features, promoted a resignification of capitals and possibilities, forming innovative actors, called here Security Anthropophagic Companies (CAS). CAS have a capacity not yet analyzed in traditional literature to define, for example, distribution of troops, choose the enemy and use of new weapons, just mobilizing emergency speech and the need for tools not established in the legal framework.

This thesis is a multi-sited ethnography of sub-Saharan migrants' journeys through Libya and by boat to Malta. Its overall aim is to understand how undocumented migrants make and conceptualise their complex journeys through shifting regulatory landscapes. The thesis draws upon, and consequently develops, understandings of migrants' mobilities, both within anthropology and wider migration studies. Over the course of their journey through Libya and Malta, sub-Saharan migrants move across uneven topographies in place and time, from the vast expanse of the Sahara Desert to the turbulent Mediterranean Sea, from situations of detention to everyday houses in society, from the hands of smugglers to the arms of the law. To this end, the thesis is guided by three wider objectives. First, investigating how different forms of mobility are part of migrants' journeys. Second, examining how migrants navigate such journeys. And third, understanding the ways in which migrants encounter and negotiate borders en route. These objectives are engaged with through a multi-sited ethnography tracing migrants' journeys through five contexts: sites of confinement and detention in Libya, everyday spaces of Libyan society, the boat crossing, and finally the legal framework in Malta. These varying contexts prompt comparisons across particular sites, processes and practices on a journey, highlighting elements that might be generalized and those that are specific. The ethnography is presented in five chapters, their sequence mirroring the overall journey of migrants through Libya and Malta. Unpacking the journey and mobility, this thesis develops a set of interrelated arguments. First, it deconstructs the notion of migrants as a homogenized group of people on a linear trajectory aimed at Europe. It goes beyond typologized understandings of migrants, such as legal, illegal, refugee or asylum seeker, that fix migrants into static categories linked to the state or specific crisis situations. Second, it front-stages the journey as a focal point of inquiry, thereby addressing a theme under-acknowledged in the anthropology of mobility and migration. This enables a move beyond state-centric and isolated understandings of migrants' mobilities to one that accounts for the multiplicity of journeys and processes en route. Third, this emphasis on the journey highlights the importance of thinking through relations involving multiple actors and bordering encounters. Taken together, these arguments advance important insights into the anthropologies of mobility and migration. The thesis makes wider contributions by conceptualizing an 'architecture' of the journey, constituted by three inter-related components: mobility, navigation, and borders. They offer a more nuanced understanding of migration and mobility in (post-)conflict settings, one that not only has implications for understanding sub-Saharan migrants' journeys through Libya and by boat to Europe, but one also relevant to other crisis contexts as well.

No description available.

La question des droits de l’homme et des libertés a suscité un intérêt majeur en Libye depuis l’accès à l’indépendance de ce pays en 1951. La Déclaration constitutionnelle, proclamée le 3 août 2011 dans le sillage du ‘‘printemps arabe’’, a ouvert de nouvelles perspectives pour définir la nature d’un nouvel État post-Kadhafi, voulu démocratique et respectueux des droits de l’homme. En effet, le nouveau texte affiche clairement sa reconnaissance des droits et des libertés qu’il compte promouvoir au niveau national et international. Le constituant libyen a choisi de doter l’ensemble de ces droits et libertés d’une valeur supérieure en les inscrivant dans le corps de la Constitution. Cette valeur les met hors de toute atteinte pouvant provenir des pouvoirs publics. Les particuliers peuvent, en cas de transgression, les défendre devant les juridictions nationales. C’est dire que la Déclaration libyenne ne se satisfait pas seulement de reconnaître les droits et les libertés au plan interne. En effet, ces droits et libertés seraient vains s’ils n’avaient pas été complétés par des garanties effectives qui leur assurent un respect total en cas de violation. Ces mesures se résument principalement, quant aux garanties juridictionnelles, dans l’accès au juge et, quant aux garanties non juridictionnelles, dans l’indépendance de l’autorité judiciaire et des juges. / Since its independence in 1951 Libya has given great priority to human rights and freedoms. The Constitutional Declaration proclaimed, on August 3, 2011 following the “Arab Spring”, opened new horizons while laying the foundations for a new democratic state respectful of human rights beyond the Gaddafi era. Indeed, the Constitutional Declaration is specific about the kinds of rights and freedom the new Libyan state would like to support both nationally and internationally. Such rights and freedoms were embedded within the Constitutional Declaration and prioritized in order to protect them from any abuses by the different executive government branches. This means that individual citizens are constitutionally enabled to seek judiciary protection before local courts whenever their rights are infringed or abused. Rights and freedoms are meaningless unless constitutionally protected and supported through providing for non-judiciary guarantees centered on judiciary independence both as process and practitioners i.e. impartiality of judges.

The objectives of this thesis are to: (1) examine if the resource curse exists in the context of Libya; (2) assess the role of institutions in avoiding or minimising the resource curse, and; (3) evaluate institutional and economic reforms required, and the best options to diversify the economy from oil, hence avoid the resource curse in Libya. To achieve these, three approaches are applied, (i) a three country comparative analysis; (ii) Libya country-level time-series analysis, and; (iii) institutional descriptive analysis. This thesis uses time-series data and annual datasets covering 1970-2010. Johansen’s co-integration is used to establish the long-run equilibrium relationship among the variables in the models. The Johansen co-integration test, based on the Trace and Maximum Eigenvalue statistics, is applied. In the first approach, the three case studies included in the study are Nigeria, Norway and UAE, with outcomes suggesting that Norway managed to avoid the Dutch disease, the UAE show no major signs of the resource curse, Norway and the UAE have largely managed to overcome Dutch disease, while Nigeria suffers a management curse. The first model suggests that Libya may experience a resource curse, but this may not be as a result of an appreciation of the real exchange rate. A 1% increase in the oil price will cause the Libyan exchange rate to increase (depreciate) by 1.41%. The country could potentially suffer from Dutch disease, but no evidence can be brought by the first model alone. In an attempt to reinforce the first analysis, the second model examined the sectoral impacts of the Dutch disease. Three relations are estimated; tradable sectors (manufacturing and agricultural), and non-tradable sectors (construction and services). These were all found to have been affected by oil revenue. This therefore confirms the existence of Dutch disease in Libya. The descriptive statistics analysis is used alongside five governance indicators: political stability, government effectiveness, and regulatory quality, rule of law and control of corruption. It is concluded that the quality of institutions in Libya affects economic growth negatively. The study holds several implications for policy-makers.

Objective: To examine the perception of patient safety culture amongst health care workers in Libyan Hospitals. Study Design: The study adopted a mixed methods approach with 2 phases. Phase 1 was conducted prior to the Libyan revolution. This was a quantitative research study, which used the Survey of Hospital Patient Safety Culture (HSOPSC) that was developed by the US Agency for Health Care Research and Quality (AHRQ, 2004). Phase 2 was conducted post revolution and it was a qualitative research study, which used semi-structured interviews. Setting: The three largest hospitals which were located in the Northeast of Libya were involved in the study. Participants and sampling: Phase 1 of the study included a stratified sample of 346 health care workers who were working as Doctors, Nurses, Technicians, Pharmacists and Managers. Phase 2 of the study used a purposeful sample which involved 27 health care workers from those took part in the survey study. Main Outcome Measures: The survey measured twelve Patient Safety Culture dimensions. It indicated that ten of the twelve dimensions were weak and need to be improved. The interview findings also showed that the 12 patient safety culture dimensions were very weak and shed light on some of the reasons for this sub-optimal practice. Findings: The respondents who took part in the study were from different departments in the three hospitals. The survey showed the dimensions with acceptable positive ratings were teamwork within hospitals and organizational learning and continuous improvement, while those with lowest ratings included frequency of reporting errors, non-punitive response to error and communication and openness. Approximately 60% of health care workers perceived patient safety culture practice in Libya negatively. Twenty respondents (5.8%) who gave an excellent grade for patient safety in their hospitals. Furthermore, the interviews results revealed that patient safety culture dimensions were very weak. The interview explored further factors and issues of poor safety culture in the 3 hospitals; which had not been identified in the survey. These were related to results of the political changes, administrative factors, environmental issues, organisational system issues, and health care workers matters. Conclusions: The study identified that the current state of patient safety culture in Libyan hospitals is very weak and there is a need for improvement to safety practice and for promotion of this important issue amongst those health care workers and health managers working at the frontline of health care delivery. Furthermore, the study found that the level of patient safety in the 3 hospitals was below an unacceptable level according to the perceptions of the health care staff. It was noted that there was no effective patient safety system in any of the 3 hospitals to deal with patient safety issues and there were no proactive patient safety measures in place to reduce the level of risk to patients. Furthermore, the study revealed other significant aspects that represent a serious threat to patient safety in the 3 hospitals, which were mainly due to poor hospital management, ineffective emergency services and a lack of training programmes. Moreover, poor organisation of monitoring systems for the licensing of medical practice of health care workers was shown to have a significant impact on patient safety culture. Lastly, the study showed the political change in Libya had affected patients’ safety sharply as result of the military conflict and the lack of hospitals’ preparedness to cope with such emergency events.