The aim of this study is to examine the formative influences on the evolution of international law. One particular aspect of international law - the breadth of territorial waters (that is, the belt of sea adjacent to the coast) - has been selected, and the creation and development of the international legal rules pertaining to it will be traced and set in the context of political, cultural and other influences which may have had some bearing on that process. Through this contextual/historical analysis, an account will emerge of the extent to which international law is moulded by factors which might be supposed prima facie to have very little influence. This will then go towards an understanding of how international law was, and is, formed.

Taking the profit out of crime' has been considered as one of the effective countermeasures to drug traffickers in the last decade. A growing interest in various approaches taken to secure the confiscation of the proceeds of drug trafficking offences in order to combat drug trafficking more effectively has resulted in the development of different national and international perspectives. Despite the acknowledgement of the United Nations of the provisions and proceedings for confiscation in late 1980s, some countries have adopted enforcement provisions and powers which are extraordinary wide, considered as either draconian and trespassing with the rights of citizens. At the other end some regard them as weak, inefficient, and lacking effective strength. Unlike many developed countries, Britain has a specific confiscation system for drug trafficking offences (DTA 1994). Some of the provisions of the British confiscation proceedings have been seen as invading individual freedoms and rights. Therefore, the thesis is devoted to examining the British concept and values of confiscation order, highlighting the principles and critiques accompanying its various provisions' development at different stages of the British political, juridical and law enforcement systems. The thesis advances and assesses the similarities and dissimilarities among different systems of confiscation beyond the borders of English and Wales. The aim is to determine the definitions, limitations, credibility and legality of principles, application and practices of confiscation laws perceived by different systems. The American, the Kuwaiti and the Egyptian systems are also chosen as relevant points of variability with respect to the British system. It is within this framework, that the British confiscation system is scrutinised. There is an attempt to expose the strains existing in the system and also finding the best way forward. The current oscillation between either reparation or punishment which seems to occur regularly is believed to be a critical stake and a crucial problem for producing a better understanding of the implications of confiscation orders. Interviews conducted in England and Wales, United States (Washington DC), Kuwait and Egypt have provided a background to confiscation enforcement, revealing the extent of powers, restrictions and difficulties in implementing the order in line with its current principles.

This study was conducted to examine the use of multisystemic treatment for treating juveniles with serious delinquency, as a new approach within the Saudi Arabian context.Multisystemic treatment addresses behaviour problems as multidetermined by interacting individual, family, school, peers, and community systems. This study attempted to determine the impact of the multisystemic therapy on the behaviour of young offenders with serious delinquency and in increasing their level of self-esteem and religious behaviour.The fieldwork was conducted in 2000-0 I in the Social Observation Home in Riyadh City. The project consisted of three parts: therapists training for one month, a treatment programme for three months and follow up, conducted in two periods of two months each, with a seven months interval. An experimental and control group, prepost test design was adopted. Twenty juveniles with serious delinquency (age 14-18) were assigned to each group. The experimental group received multisystemic treatment, and the control group received the Home's usual service (individual therapy).Outcomes were measured by, self-reports (Coopersmith Self-Esteem Inventory and Level of Religious Measurement), official misconducts, family relations, peer relations, school attendance & grades and observed religious practice. Qualitative information was obtained from six case studies (three experimental, three control) and from interviews with young offenders, their relatives and the Home staff.The results indicated greater gain and long-term positive impact on the behaviour of young offenders in the experimental than in the control group, on all measures. The improvement in self-esteem and religious practice in association with multisystemic treatment are especially noteworthy, as these factors have been subject to little or no previous investigation, and are particularly important in relation to delinquency in the Saudi context.It is concluded, that provided appropriate resources are allocated to the application, multisystemic treatment can be adapted to meet the unique cultural concerns of the Saudi context.

The study is concerned about employers' liability to protect the mental welfare of employees alongside their physical health. The need for protection is demonstrated in several ways. Firstly, the introduction examines the statistical evidence of harassment in the workplace and its effect on its victims. Secondly, data was collected from nine participants who had taken their employer to court claiming that they had been bullied out of their jobs. These documents which were supplemented in some cases by personal statements, were analysed using the Glaser and Strauss Grounded Theory method tempered with Case Study method. Ethical issues coming to the fore during data collection supplied additional material for a chapter which eflects on problems researchers will encounter when working with vulnerable research participants. Analysis showed the importance of social support for victims and implicated the role the trade unions, the medical and legal professions plays in secondary victimisation for victims of workplace bullying. A review of existing legislation was conducted to determine if internal voluntary guidelines or new legislation would give best protection. Employer-led bullying was identified as the form on which internal guidelines have no impact. Workplace bullying was always found to be morally wrong and the issue of what is legally right but not morally right was discussed. The findings emerging from the analysis together with recommendation to place protection of harassment at work within Health and Safety policies was presented to opinion makers to gauge the level of interest in the investigator's recommendation that European Union Health and Safety officials should take the lead in advancing legislative change outlawing workplace harassment.

This thesis is about establishing a balance between universal human rights and particular cultures or local conditions. It examines the universality debate with reference to the "margin of appreciation" in the jurisprudence of the European Court of Human Rights, in particular from the end of the Cold Wax when new Contracting Parties from central and eastern Europe came under the Court's jurisdiction.The thesis considers that analysis of these issues must not be parochial. In Part One the universality debate in international human rights law is therefore examined in detail. It is argued that universal human rights do not require absolute uniformity in their protection - even universal human rights are necessarily and defensibly qualified. In order to link the margin of appreciation to this universality debate its evolution, operation and the factors which underpin it are also clarified in Part Two. It is demonstrated that the margin of appreciation has evolved from a concession to states into a methodology for demanding ever greater justifications for their limitations upon human rights. In doing so the margin permitted accords with the defensible level of local qualification to human rights already identified.Part Three tests these conclusions against original analysis of recent case law, showing that the Court has been responsive to the differing needs of the new Contracting Parties. The Court had evolved a coherent and defensible approach to cases that have raised complex localised issues, and has maintained this even since its jurisdiction expanded. Whilst allowing modulation of European human rights protection according to local characteristics, use of the margin of appreciation does not amount to cultural relativism even in the expanded Council of Europe.

The principle of self-determination has great pedigree. It is a norm that had at heart, the foundations of the concept of democracy - based on the idea that the consent of the governed alone, could give a government legitimacy. These noble ideas, expressed in the American and French Declarations form the cornerstone to the principle of self-determination. This is the principle that, through changes influenced by various political factors. was primarily responsible for the decolonisation process that has shaped the current international community. Self-determination has been used in equal rhetorical brilliance by a number of great leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with the vested interest of ascendancy to power at the heart of their project. In any case, 'self-determination' has come to mean different things in different contexts. It is this particular issue that this thesis wishes to tackle. Being a vital principle, especially in the context of the post-colonial state, it is one factor that at once, represents a threat to world order, while at the same time holding out the promise of a longer-term peace and security based on values of democracy, equity and justice. This thesis looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-linked discourses: that of minority rights. statehood & sovereignty and the doctrine of uti possidetis which shaped the modern post-colonial state. IN analysing these factors we shall focus specifically on the option of secession from the modern post-colonial state - one of three options stated explicitly by General Assembly Resolution 1514 (XV) as constituting the act of self-determination. These norms are then sought to be analysed further within two case studies. The first of these looks briefly at the situation concerning the creation of Bangladesh - a case of self-determination achieved. The second case study, much more complex in itself, looks at the situation concerning the Western Sahara where self-determination (whatever its manifestation) is yet to be expressed. In the course of this latter case study we shall seek to highlight the problematic nature of 'national identity' and the 'self in settings far removed from post-Westphalian Europe from where these norms originate, and which remain so integral to the modern discourse of international law.

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This thesis is the culmination of years of wondering why we ask people to 'be' certain things. One of the first things you notice about people is their keenness to be able to categorise things, so quickly human beings become men and women, criminal or non-criminal, healthy or sick. To deal with the world around us we reduce the infinite to a schema and then judge the infinite within that schema. We often forget that that 'the way things are' are not necessarily normal or natural. We come to expect men and women to act, behave and feel in certain ways rarely questioning the necessity of these expectations or the possible damage such expectations may create for the individuals required to 'fit' them. Studies of 'female' criminality and imprisonment highlighted the effects that socialisation into appropriate female gender roles has on the lives of women. If one starts from the premise that there are no major inherent differences between men and women, that is you view them as people first, this finding raises the question what impact does the socialisation of men into appropriate male gender roles have on men? This thesis attempts to explore the impact of socialisation of men into appropriate gender roles and what role, if any, their involvement in crime might play in men's attempts to 'be men'.

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No description available.