<p> Unaccompanied orphans are the most vulnerable population, whose sociological, psychological, and legal needs have been far from being met. There are two types of unaccompanied orphans: Unaccompanied Refugee Minors (URM) and Unaccompanied Alien Children (UAC). Even though both URM and UAC are unaccompanied minors, one group enjoys protection as a legal resident, while the other is treated as an undocumented alien. </p><p> Most of URM are brought from overseas to the United States through the State Department program, which grants these children a resettlement in the U.S. due to the lack of long-term care. However, there is a small group that composes only 2.3% of the URM population: the unaccompanied alien children (UAC) who entered the U.S. by themselves and whose asylum applications are approved the U.S. Citizenship and Immigration Services (USCIS). This paper focuses exclusively on this small number of children: UAC Orphans Asylum Applicants, in short UOAA. </p><p> The exact number of UOAA is not known. However, UOAA compose of children who fall into two groups. First intersection group is the UAC filing for asylum. In FYs 2011-2013, a total of 1,800 UAC filed for Asylum, resulting in about 300 approvals. On average, that is 600 UAC filing for asylum each year once arriving in the U.S. The second intersection group is UAC orphans. In FY 2014, 96% of UAC were released to parents, guardians, or relatives in the U.S. That leaves 4% of UAC in the custody of the Office of Refugee Resettlement (ORR), without being united with families. In FY 2014, 4% of UAC in the ORR custody accounted for 2,320 orphans. In other words, while the majority of UAC are released to parents or legal guardians or relatives in the U.S., there are several thousand orphans who do not have any parent, legal guardian, or relatives in the United States. </p><p> Whether reunified with family member or not, there is no legal term for an unaccompanied child who is orphaned in the U.S. and filing the asylum application on her own. This amorphous group simply marks the intersection of two groups above. Thus, it is hard to numerically ascertain exactly how many children fall into both groups, one thing is certain. There is a limited number of children who fall into the intersection group, which this paper designate these children as &ldquo;Unaccompanied Orphan Asylum Applicants&rdquo; (UOAA). </p><p> When the UOAA&rsquo;s asylum application is approved, the child can receive care as an URM, who has full access to a state&rsquo;s foster care system. However, the current United States immigration law fails to sufficiently guarantee protection for UOAA during the asylum process, and it fails to address special problems inherent for unaccompanied minors. </p><p> As a solution, this thesis proposes ways that the United States can improve its procedural system and revise substantive law to better guarantee and protect the rights of these children, who are fleeing from persecution and have no parents or guardians in the U.S. Procedurally, the United States should adopt some of the European Union&rsquo;s UAC policy to comply with the international principles consistent with the Best Interests of Child standard. The policy can be divided into three stages: (1) at the entrance on the border; (2) while in the U.S. and in the court system; and (3) at the removal procedure. Substantively, the United States should revise the Immigration and Nationality Act&rsquo;s refugee definition for UAC orphans who are fleeing from the gang violence in Central America, so that UOAA can access fair opportunity in the American immigration system.</p>

International assistance and cooperation for access to essential medicines can be established as an obligation of developed countries based on international human rights law and an array of authoritative guidance. The research aim of this thesis was to understand how developed countries can be influenced to meet this obligation under the current international order with a view to the improvement of international governance over this issue. To address this aim, this thesis conducted an analysis based on three sub-questions: (1) what is the current international order governing access to essential medicines, (2) what are the processes and mechanisms that the international order has used to influence developed countries and how have the countries responded, and (3) is there an alternative model to the current governance structure that could lead to improved implementation of international assistance and cooperation by developed countries. The analysis of the international order involved a study of the World Health Organization and its interactions with the World Trade Organization and the development-related institutions involved in access to medicines (i.e. the World Bank, UNAIDS, and the Global Fund). The lack of leadership by the WHO in governing access to essential medicines has led to significant tensions between the institutions in the form of conflicts, overlaps, and other issues. The thesis proceeds with a country case study to understand how states interact with the international order and how they can be influenced towards norm implementation. It was determined that the international order possesses an influential array of ‘socialization’ methods that have been successful in inducing states toward norm compliance (when backed by the support of international NGO networks and domestic pressure). However, the level of disarray that remains in the international order continues to have a negative effect on international assistance and cooperation. The thesis concludes with an analysis of emerging changes to the current system of governance over access to essential medicines and considers whether these changes might bring an improvement to developed country support of access to essential medicines.

The boom of bilateral investment treaties and trade agreements came with an increasing number of disputes between investors and states related to actions and omissions of states in respect of the protection of investors and their investments. These instruments made a significant contribution to the development and implementation of an economic and legal framework for the promotion and safeguard of investors and investments. They also played an important part in and improved the access of investors to dispute resolution mechanisms – and, in particular, to arbitration – for the protection of their investments. In this vast network of treaties and agreements aspiring to offer investors proper conditions for a stable and predictable investment environment, the Energy Charter Treaty (ECT) stands out as a unique multilateral treaty aimed at facilitating transactions and investments in the energy field. The ECT came to life soon after the fall of the communist regimes across Europe and the dissolution of the Soviet Union, and it was motivated by the desire of the Western European states to secure their access to the much needed natural resources of the Eastern countries. This Thesis undertakes the challenging task of clarifying the notion of ‘Investor’ within the ECT’s framework and its related treaties and arbitration rules. The notion of ‘Investor’ is essential for the substantive and procedural protection of Investors and their Investments. Although the ECT provides for a definition of Investor, the notion of ‘Investor’ goes beyond this definition: it is shaped not only by the provisions of the ECT, but also by the related treaties and rules under the Investor–Contracting Party dispute resolution mechanism. It is also fundamental for the understanding of the notion of ‘Investor’ to consider it as it naturally interacts with the concepts of ‘Contracting Party’ and ‘Investment’. The notion of ‘Investor’ has two essential characteristics: it is challenging to assign it with a precise definition – any attempt to define this notion will not comprehensively encompass all its features; and it is a flexible notion, tailored to suit the treaties and rules interacting with the ECT. The intrinsic complexity of the notion of ‘Investor’ is amplified by web of provisions of the ECT, not always comprehensible and straightforward. The speed of the ECT’s negotiation was the determinant factor that contributed to the entry into force of the ECT, but also led to a compromise treaty. In this context, it is mandatory that the proper interpretation and analysis of the notion of ‘Investor’ be made in the light of the rules of treaty interpretation of the Vienna Convention on the Law of Treaties.

Thèse--Universit́e de Paris. / At head of title: Université de Paris--Faculté de droit. "Bibliography": [209]-215.

Thesis (D.C.L.). / Written for the Faculty of Law. Title from title page of PDF (viewed 2009/11/05). Includes bibliographical references.

Thesis (doctoral)--Universidade de São Paulo.

Thèse--Univ. de Paris. / At head of title: Université de Paris--Faculté de droit. "Bibliography": [209]-215.

Zhang, Chuqi. / Thesis (M.Phil.)--Chinese University of Hong Kong, 2010. / Includes bibliographical references (p. [141-151]). / Abstracts in English and Chinese. / Chapter Chapter I --- Introduction --- p.1 / Chapter 1.1. --- The Question --- p.1 / Chapter 1.1.1. --- Definition of Jurisdiction --- p.1 / Definition of Jurisdiction --- p.1 / Limits on Jurisdiction in International Law --- p.3 / Chapter 1.1.2. --- The Problem of Extraterritorial Jurisdiction --- p.3 / Basis for Jurisdiction in International Law --- p.3 / Extraterritorial Jurisdiction Problem --- p.4 / Chapter 1.1.3 --- Extraterritorial Jurisdiction based on Effect Principle --- p.5 / The Alcoa Case --- p.5 / After Alcoa Case --- p.6 / Key Question of This study --- p.7 / Chapter 1.2. --- Literature Review --- p.8 / Chapter 1.2.1. --- The Perspective of Jurisdictional Doctrine in International Law --- p.8 / Sovereignty Concern --- p.8 / Concurrent Jurisdiction & Conflicting Jurisdiction --- p.9 / In the Context of Globalization --- p.10 / Chapter 1.2.2. --- Evaluating Effect Principle and Its Development --- p.12 / "Development of Effect Principle´ؤ´ؤ""Direct, Substantial, and Reasonably Foreseeable Effect""" --- p.12 / Restriction on Effect Principle´ؤInternational Comity --- p.14 / Restriction on Effect principle´ؤ´ؤReasonableness --- p.16 / Chapter 1.2.3. --- From the Perspective of International Competition Law --- p.18 / International Competition Law --- p.18 / Appraisal of Extraterritorial Jurisdiction in International Competition Law --- p.19 / Chapter 1.3. --- Structure of the Thesis --- p.20 / Chapter 1.3.1 --- Inadequacies of the Research on Extraterritorial Jurisdiction in Competition Law --- p.20 / Chapter 1.3.1. --- Approach of This Study --- p.21 / Chapter 1.3.2. --- Structure of the Study --- p.21 / Chapter Chapter II. --- Theoretical Framework --- p.23 / Chapter 2.1 --- Strict Territoriality --- p.24 / Chapter 2.1.1. --- Theoretical Foundation --- p.24 / Definition of State --- p.24 / Territoriality of Sovereignty --- p.25 / Chapter 2.1.2. --- Jurisdiction Rules in Strict Territoriality Theory --- p.26 / Exclusive Territory Principle --- p.26 / National Principle´ؤthe Only Exception --- p.28 / Effect Principle in Strict Territoriality Theory --- p.29 / Chapter 2.1.3. --- Reflections on Strict Territoriality --- p.31 / Appraisal of Strict Territoriality Theory --- p.31 / Challenge of Globalization to Strict Territoriality Theory --- p.32 / The Appraisal under International Law´ؤS.S. Lotus case --- p.33 / Chapter 2.2. --- Close connection theory --- p.34 / Chapter 2.2.1 --- Theoretical Foundation --- p.34 / Concept of State --- p.34 / Sovereignty and Allocation of Power --- p.35 / International Comity --- p.36 / Chapter 2.2.2. --- Jurisdictional Rules --- p.37 / Contact/connection/link --- p.37 / The Requirement of Reasonableness --- p.38 / Chapter 2.2.3. --- Appraisal of Close connection theory --- p.40 / Approval for Close connection theory --- p.40 / Criticisms on Close connection theory --- p.40 / Chapter Chapter III. --- Effect Principle in Practice --- p.42 / Chapter 3.1. --- Anticompetitive Effect in Competition Law --- p.43 / Chapter 3.1.1. --- Brief Introduction of Competition Law --- p.43 / Chapter 3.1.2. --- Anticompetitive Effect --- p.46 / Anticompetitive Activities --- p.46 / Anticompetitive effect --- p.46 / Chapter 3.2. --- National Connection in Competition Law --- p.47 / Chapter 3.2.1. --- Transnational Corporation and Its Nationality --- p.48 / Nationality of Corporations --- p.48 / Transnational Actors --- p.49 / Chapter 3.2.2. --- Home State Lacks Incentives to Regulate Transnational Anticompetitive Activities --- p.52 / State's Incentive to Regulate --- p.52 / Example: Export Cartel Exemption in the United States --- p.54 / Chapter 3.3. --- Territorial Connection in Extraterritorial Cases in Competition Law --- p.56 / Chapter 3.3.1. --- Establish A Territorial Connection Through Subsidiary --- p.56 / Parent & Subsidiary --- p.56 / Dyestuff Case --- p.59 / Chapter 3.3.2. --- Implementation Principle in the European Union --- p.59 / Woodpulp case --- p.59 / Relationship between Implementation Principle & Effect principle --- p.61 / Chapter 3.4. --- Development of Effect Principle --- p.61 / Chapter 3.4.1. --- Effect on Domestic Commerce --- p.63 / Foreign Trade Antitrust Improvements Act --- p.63 / Chapter 3.4.2. --- Effect on Export --- p.64 / Footnote 159 --- p.64 / Effect on Export --- p.65 / Chapter 3.4.3. --- "Direct, Substantial & Reasonably Foreseeable Effect" --- p.67 / "The Application of The Direct, Substantial and Reasonably Foreseeable Effect" --- p.67 / Direct Effect --- p.68 / Substantial Effect --- p.70 / Reasonably Foreseeable Effect --- p.70 / Chapter 3.5. --- Conclusion --- p.71 / Chapter Chapter IV. --- Aftermaths of Extraterritorial jurisdiction --- p.73 / Chapter 4.1 --- Inefficient Enforcement --- p.73 / Chapter 4.1.1 --- Extraterritorial Enforcement Practice --- p.73 / The Grey Area --- p.75 / Chapter 4.1.2 --- Conflicts caused by Extraterritorial Jurisdiction: Uranium Litigation --- p.76 / Chapter 4.1.3 --- Response to Extraterritorial Jurisdiction: Blocking Statutes --- p.77 / Discovery-blocking statutes --- p.77 / Judgment blocking statutes --- p.79 / Clawback provision --- p.79 / Chapter 4.1.4 --- Application of Blocking Statutes: Laker Airway Litigation --- p.80 / Chapter 4.2 --- Concurrent jurisdiction --- p.81 / Chapter 4.2.1 --- Introduction --- p.81 / Chapter 4.2.2 --- Multinational Merger Control --- p.83 / The Characteristics of Merger Control --- p.83 / Example I: Boeing case --- p.84 / Example II: GE/Honeywell Merger case --- p.85 / Chapter 4.2.3 --- Problems with Concurrent Jurisdiction --- p.85 / Transaction Cost --- p.85 / Conflict and Bias --- p.87 / Chapter 4.3 --- Global welfare --- p.87 / Chapter 4.3.1 --- Different Competition Laws in Different States --- p.87 / Reexamining GE/Honeywell case --- p.87 / Are differences between substantive competition laws avoidable? --- p.88 / Chapter 4.3.2 --- Discrepancy between National Optimum and Global Optimum --- p.89 / Strict law wins --- p.39 / Definition of Efficiency in Economics --- p.90 / Chapter 4.4 --- Conclusion --- p.91 / Chapter Chapter V. --- Transnational Regulatory Modes --- p.93 / Chapter 5.1.1. --- Auxiliary mode based on Comity: EU-US Cooperation --- p.96 / US' Experience in Bilateral Cooperation --- p.96 / Positive Comity --- p.97 / Development of Positive Comity --- p.98 / Chapter 5.1.2. --- Auxiliary mode Based on Harmonization: Cooperation between Australia and New Zealand --- p.100 / Harmonization in Substantive Rules --- p.100 / Bilateral Jurisdiction --- p.101 / Chapter 5.1.3. --- The Role played by International Organizations --- p.102 / Characteristics of OECD --- p.102 / Promoting Convergence of Substantive Rules --- p.102 / Promoting Cooperation Between States --- p.103 / Chapter 5.1.4. --- Appraisal and Limits --- p.104 / Chapter 5.2 --- Supplementary mode --- p.105 / Chapter 5.2.1. --- Relationship between Trade Law and Competition Law --- p.106 / Compatibility --- p.106 / Differences --- p.107 / Chapter 5.2.2. --- "WTO,s role in promoting the adoption of Competition law" --- p.108 / Characteristics of Competition Rules in WTO --- p.109 / Promote the Adoption of Competition Law --- p.109 / Chapter 5.2.3. --- WTO's Role in Mitigating Distorting Effect Resulting from State Interest --- p.110 / Obliging States to Implement Competition Law in A Just Way --- p.110 / Remedy for Improper Implementation of Competition Law --- p.111 / Chapter 5.2.4. --- WTO's role in Regulating States' Behavior That May Have An Anticompetitive Effect --- p.111 / Safeguard Agreement --- p.112 / The Kodak-Fuji Film case --- p.112 / Chapter 5.3 --- Alternative mode --- p.113 / Chapter 5.3.1. --- Two Aspects of Common Market --- p.115 / The Internal Aspect of Common Market --- p.115 / The External Aspect of Common Market --- p.116 / Chapter 5.3.2. --- Harmonization in Substantive Competition Law --- p.116 / The Status of the Agreement --- p.116 / Competition law of Member States --- p.117 / Chapter 5.3.3. --- Supranational Institution --- p.117 / The Function of a Supranational Institution --- p.117 / The Jurisdiction of Supranational Institution --- p.118 / Chapter 5.3.4. --- Alternative mode at the Global Level --- p.119 / Past Efforts to Create an Alternative mode --- p.119 / Criticism on international competition law --- p.120 / Chapter Chapter VI. --- Conclusion --- p.122 / Chapter 6.1. --- Legitimacy of Extraterritorial Jurisdiction in Competition Law --- p.122 / Chapter 6.1.1. --- A Refined Doctrine of Jurisdiction --- p.122 / Demise of Territoriality --- p.122 / The Close Connection Theory --- p.123 / Chapter 6.1.2. --- Extraterritorial Jurisdiction on Competition Law --- p.125 / Effect as a Close Connection --- p.125 / Reasonableness of Effect Principle --- p.127 / Territoriality and Democracy Concern --- p.128 / Chapter 6.2. --- Sufficiency of Extraterritorial Jurisdiction in Competition Law --- p.130 / Chapter 6.2.1. --- Inadequacies of Extraterritorial Jurisdiction in Competition Law --- p.130 / State as a Regulator in Globalization --- p.132 / Inadequacies of Extraterritorial Jurisdiction in Competition Law --- p.133 / Chapter 6.2.2. --- Three Regulatory Modes in International Competition Law --- p.134 / Types of Transnational Regulatory Modes --- p.134 / Implication of the Three Modes --- p.136 / Conclusion --- p.138 / Bibliography --- p.141

<p> Throughout the world, children engage in labour that denies them of their childhood. Child labour is a growing global concern, as an estimated 218 million children are engaged in the practice. Though child labour reduced in some parts of the world, it is still one of the major developmental challenges facing many African countries such as Ghana. This thesis advocates for a group of young girls in southern Ghana who engage in child labour through the child-kayayei business. Kayayei is a term describing people who transport goods on their heads for a small fee. Despite Ghana&rsquo;s regulations against child exploitation and head porterage, child-kayayei usage is widely accepted. The thesis first introduces the topic through a case study based on a personal interview and a brief overview of the child-kayayei crisis in Ghana. Thereafter, the thesis addresses (1) how the child-kayayei business violates the Constitution of Ghana and Ghanaian laws; (2) how the child-kayayei business violates international law; and (3) how Ghana should be held accountable to the international community, under the jurisdiction of the African Court for Human and Peoples&rsquo; Rights, for its non-compliance to child labour regulations. The thesis concludes with plausible legal solutions to Ghana&rsquo;s on-going child-kayayei crisis. </p>

State Aid policy has been an integral part of competition policy and the European Commission is responsible for controlling aid, which distorts competition in the internal market to be granted by Member States. State Aid is usually defined as advantages given by the State to undertakings in the form of financial contributions, support, or other forms of special treatment. This thesis will examine state aid policy and regulation in the European Union. The research aims at critically analysing the implementation of the rules that compose the European state aid framework and conclude on whether the system for the control of state aid is set in an effective way to achieve the objectives of protecting competition and therefore the internal market by limiting aid levels and streaming aid towards more beneficial aid. This research is important because it can reveal the particular benefits and problems caused by state aid and help by making recommendations for the future application of the rules.