This thesis considers the relationship between human rights and the principle of mutual recognition as applied in criminal matters. It examines the impact of the European Arrest Warrant (EAW) on human rights and highlights the importance of human rights for the success of mutual recognition measures. Having embarked on the mutual recognition programme, on the basis of largely theoretical presumptions, an attempt by the EU to reposition human rights and to ensure that a genuine area of justice exists for all, can be witnessed through recent Directives on defence rights,. This research addresses the scope and method of human rights protection with focus on the implementation of the EAW. In the first part, mutual recognition and the EAW are defined. The second part considers the practical effect of the EAW on human rights, setting out the ECHR minimum standards and the extended EU scope. The third part evaluates the defence measures adopted to date by the EU under the Stockholm Roadmap. The final part summarises the main research findings which show that human rights are key to promoting mutual trust. The scope of some rights has already been extended and reinforced by the Charter of Fundamental Rights or the EU defence rights measures. The thesis argues that the best method for reinforcing these rights in practice is a tripartite collaborative approach between the EU, Member States and the Council of Europe. In order to address the tension between human rights and mutual recognition, work needs to continue beyond adoption of the Stockholm measures. It requires genuine commitment on the part of the EU institutions and Member States for the necessary amendments, adoptions, implementation and human rights protection to take place and be reflected in practice.

Thesis (LL. M.)--University of Toronto, 2007. / Source: Masters Abstracts International, Volume: 46-06, page: 3062.

Thesis (LLD.)--University of Pretoria, 2001. / Includes bibliographical references and index.

In this thesis I argue against the proportionality test in human rights adjudication, and provide a framework for understanding the proportionality debate. I identify two accounts of proportionality. One sees proportionality as a doctrinal tool aimed at maximising rights and public interests. The other sees proportionality as allowing for open- ended moral reasoning. I analyse the two accounts and identify their main deficiencies. I argue against both conceptions, and conclude that defenders of proportionality are in the following dilemma: either proportionality is insensitive to important moral considerations related to human rights and their limitations, and thus it is an unsuitable tool for human rights adjudication; or proportionality can accommodate the relevant moral considerations, but at the price of leaving the judge undirected, unaided by the law. I will further argue that lack of guidance is a deficiency in legal adjudication, which has important negative effects.

Analysis of relationships between states and citizens has almost monopolised the Human Rights legal discourse. In my thesis, I start from the position that Human Rights is a philosophical and historical victory of humankind, whose application cannot be limited to dictating norms in traditional forms of governance; Human Rights primarily define the human being as an individual, as a group, as a societal entity. Therefore, when we discuss Human Rights we do not pursue what governing states 'ought' or 'ought not' to do, but how human beings 'should' endure their lives in a dignified manner; how they should be treated independently of who their acting opponent might be. The Internet, on the other hand, has evolved through the years into an uncharted virtual structure of uncounted online operations and services run by private commercial actors. Within this setting, where the online application platform performs as a land parallel and the private commercial host as the de facto ruler, online identity is mirrored into service accounts. Hence the human being‘s digital existence seems to be depending, to a large degree, on the private initiative – and will. Whilst exploring various relevant themes, the thesis revisits the issue of the application of Human Rights in private relationships through the lenses of online electronic communications and using the example of commercial online virtual worlds. According to my conclusions, a simple projection of the state/citizen model onto ISPs/users relationships does not give sufficient ground for contesting Human Rights within that context. What we need is to deconstruct predominant dogmas in modern Human Rights theory and legislation and to readjust our focus back on the human being and its universal manifestations.

This thesis represents an analysis of the concept of environmental justice with the aim of identifying possible legal remedies.  The thesis does so through an analysis of the history of environmental justice as well as an analysis of the theories behind environmental justice.  The thesis analyses the concordance between environmental justice and existing principles of environmental law and policy, while also analysing environmental justice in a UK as well as a European and international context. From the outset, environmental justice deals with the negative effects that environmental decisions have on certain minority populations.  In the US, the concept emerged as a response to what was perceived as discriminate targeting of African-American communities through the siting of environmental harms.  In the UK, where environmental justice is emerging on policy and grassroots level, environmental justice has been given an entirely different connotation relying on social justice arguments and concerns for low-income groups.  The thesis sets out to establish and uncover the specific meaning of environmental justice and its implications in a UK context. The thesis argues that environmental justice is as much a problem in the UK as elsewhere.  Despite empirical shortfalls of some of the work that environmental justice advocates rely upon, environmental justice is a real issue.  In light of this, the thesis argues in favour of the specific utilisation and application of human rights norms as well as an improved framework of corporate social responsibility in the attempt to address environmental injustices.  Such legal approaches can be utilised alongside established tools of public participation and access to environmental information in order to secure an aim of environmental justice.

This thesis will assess the United Kingdom’s implementation of the United Nations Convention Against Torture and other Cruel Inhuman and Degrading Treatment or Punishment. It will first focus on a contextual analysis of the problem of torture, examining the circumstances in which it has historically been used, philosophical and theoretical perspectives on the practice and the political aspects of torture, including its effect on international relations. This will illustrate the circumstances in which torture is used, the motivation behind it and the way in which it affects its victims. The argument will then be made that, in view of the uniquely grave nature of the practice of torture, it is insufficient for States to merely criminalise it and punish the offenders. They must actively seek to eradicate it from society and ultimately prevent it from occurring. It is against this aim that the thesis will examine the compliance of the United Kingdom with its obligations under the Convention. This examination will look first at the international regime for the prevention of torture, focusing on the work of the United Nations Committee Against Torture. The engagement of the United Kingdom with this body will be explored in detail and the argument made that more needs to be done in order to ensure that the Committee’s recommendations are put into effect and that treatment contrary to the Convention is prevented from taking place. The final part of the thesis will assess the United Kingdom’s State practice with a focus on key institutions of the State including the courts and the legislature. This part of the thesis will seek to explore the extent to which the practices of these institutions is consistent with an overall aim of preventing torture and the extent to which they show awareness of the Convention and its requirements of the Convention in the discharge of their functions. The conclusion will be drawn that, while the Human Rights Act has gone some way towards improving compliance, more needs to be done to insure a complete implementation by the United Kingdom of its obligations under the Convention and full prevention of torture. The State must actively engage with the Committee and the organs of the State must consider the Convention Against Torture in the discharge of all of their functions to ensure that these aims are achieved.

Thesis (Ph. D.)--University of Queensland, 2002. / Includes bibliographical references.

Thesis (M.A.)--Catholic University of America, 1989. / Includes bibliographical references (leaves 109-114).

Thesis (Ph.D.) - University of St Andrews, May 2008.