The initial focus of the thesis is on Ireland, a small militarily neutral state, but one with a long tradition of contributing to peacekeeping operations. Despite its significant contribution to peace support operations to date, there is little research on the past and future implications of this for Ireland. This thesis seeks to address some of the key legal and political issues confronting Ireland, and to provide a unique perspective on the dilemmas and problems confronting many small states of the UN in the post cold war era. The thesis uses two case studies, Somalia and Lebanon, to conduct a comparative analysis of traditional peacekeeping and that of peace enforcement The conduct of UN forces in Somalia, and the outcome of the UN mandated operations there, had a profound effect on the willingness of states to support UN peace support operations in the post cold war period. UNOSOM II was one of the most ambitious and controversial multidimensional operations ever mounted by the UN. It reflected the optimism associated with the dawn of a 'new world order' and an effective Security Council. The UN operation in Lebanon (UNIFIL), in contrast, was a less ambitious traditional peacekeeping mission, but it too was controversial and the Force encountered serious difficulties implementing the apparently more straightforward mandate. Both operations show that whatever the nature of a peace support operation, its role and effectiveness is dependent upon support from the Security Council. Without political support and adequate resources, especially at the time of its establishment, a UN force remains at the mercy of the parties to the conflict. Both operations also highlighted serious difficulties that arise in the command and control of UN peace support operations, although the larger more complex UNOSOM II mission presented significantly more serious dilemmas in this regard. These problems are often exacerbated by deficiencies in the municipal laws and domestic political concerns of contributing states. An important distinguishing feature between traditional peacekeeping operations and that of more robust peace enforcement operations is the policy regarding the use of force. Nevertheless, both Lebanon and Somalia presented remarkably similar difficulties regarding devising and adopting appropriate rules of engagement, and the differing interpretations of what action justified the resort to, and the degree of force deemed appropriate in a UN multi-national operation. The thesis seeks to draw lessons from the experiences of UNIFIL and UNOSOM in regard to these and related issues. The matter of the applicability of international humanitarian law to UN forces was also relevant to both sets of operations. Despite the recent adoption of the Convention on the Protection of UN Personnel, and a Secretary-General's bulletin on the applicability of humanitarian law to UN forces, the situation remains unsatisfactory.

Thesis (Ph. D.)--Miami University, Dept. of Political Science, 2003. / Title from second page of PDF document. Includes bibliographical references (p. 184-206).

This thesis seeks to answer the question of how can insur-gent networks of/networked jihadist violent non-state actors be legally conceptualized, what limits are imposed by international and US domestic law on campaigns against such networks, and do those limits allow for effective and legitimate counter-terrorism? It will employ a basic interdisciplinary research de-sign, as defined by Mathias Siems, which uses a legal research question as a starting point, but relies on insights from other disciplines to reach an informed analysis. The thesis will first establish the insurgent nature of ji-hadist groups such as al Qaeda and the Islamic State by taking the claim of their desire to re-establish the Caliphate seriously. It will establish that 'jihadist international relations' — as op-posed to the broader notion of Islamic international relations — divide the world into the dar al-Islam, the world of Islam, and the dar al-harb, the territory of war, which are in a perpetual state of war. It will show that the attempts to pursue this in-surgent aim are increasingly carried out by affiliate organiza-tions. It will then move on to address the gap in the legal litera-ture, which relates to the problem inherent in the United States' 2001 Authorization of Use of Military Force (AUMF), which authorizes the use of force against al Qaeda and increas-ingly groups connected to it, but does not provide a mechanism to legally conceptualize when such groups are covered by the AUMF. It will put forward a legal framework to conceptualize re-lationships between the al Qaeda and Islamic State core groups and their affiliate and associate organizations by drawing on Is-lamic principles of statehood and by drawing an analogy to es-tablished principles on the responsibility of states and interna-tional organizations for wrongful acts. It will argue that affiliate organizations, through offering an oath of allegiance, become de jure members of the overall network and that attribution of their conduct to the overall network should therefore not de-pend on the level of command and control exercised. Actions of associate groups, on the other hand, should only be attributable to such groups if they exercise overall control. The thesis will then move on to investigate the use of force against affiliate organizations under the jus ad bellum, arguing that such of force is possible in self-defence and with the con-sent of the host state. It will establish that states that become the victim of an armed attack can use force if the host states is unable and unwilling to suppress an imminent armed attack by such groups, and that states can, in certain circumstances, rely on the accumulation of events doctrine, provided that such at-tacks are carried out by members of the same network. It will furthermore argue that the jus ad bellum's necessity require-ment should be understood to mandate non-lethal responses, which the thesis refers to as extraterritorial law enforcement, in certain circumstances. The thesis will then move on to the jus in bello. It will reengage with the idea of a "global" armed conflict frequently invoked by the United States. However, the thesis will argue that such conflicts do not encompass the entire globe, but are, in line with the Tadić decision of the International Criminal Tri-bunal for the Former Yugoslavia, limited to the territory under the control of a party to this conflict. It will then draw heavily on US case law to establish when individuals are part of such organizations, and on principles of the law of armed conflict to establish when strikes against those members are lawful. Finally, it will establish the possibility of extraterritorial law enforcement against such organizations, which refers to extra-territorial operations that have the primary aim of apprehend-ing individuals suspected of unlawful activity, or contribute to such operations, for the purpose of criminal prosecution. It will be stablished that such operations are lawful in self-defence for the purpose of preventing an imminent armed attack and that US law does not put up any significant obstacles for prosecuting individuals brought to the United States in such a manner.

This thesis explores the trade related aspects of environmental standards. It assesses the potential for trade related conflict between Developed and Developing countries arising out of Unilateral Environmental Action (UEA). Furthermore it analyses the concept of Mutual Recognition (MR) and Mutual Recognition Agreements (MRAs) to understand how the inherent characteristics may potentially be utilized to reduce friction in international trade while implementing standards. The thesis also looks at the WTO compatibility of environmental standards, UEAs and MRAs. It uses a “Black Letter” methodology of doctrinal analysis, concentrating on doctrinal principles associated with the transnational governance of environmental standards and includes the analysis of statutes and cases of the WTO.

It is 150 years since the establishment of the International Committee of the Red Cross (ICRC), following Henry Dunant’s experiences during the aftermath of the Battle of Solferino. It is 100 years since the commencement of the Great War: if we think about a ‘traditional’ battlefield, what images come to mind? Perhaps one imagines soldiers in uniform, tanks, guns and trenches. Do the emblems of the International Red Cross and Red Crescent Movement (IRCRCM) feature in the imagined conflict scenario? Now imagine the conflicts happening today in, for example, Syria, Mali, Democratic Republic of Congo (DRC) and Ukraine. In these conflicts, soldiers mingle with civilians in towns, armoured vehicles and open backed trucks transport non- uniformed soldiers between conflict areas and weapons include, amongst others, improvised explosive devices, suicide bombers and sexual violence. Nevertheless the emblems of the IRCRCM continue to emblazon the uniforms of medical personnel and their equipment, vehicles and aid boxes. What consequences do the changes in the nature of armed conflicts have for the ICRC? The human consequences of conflict and the presence of the ICRC has been a constant for 150 years, but the needs of the population and the types of violence continually change. Indeed, since the creation of the ICRC in 1863, the methods, means and actors in conflicts have changed, but so has the practice of the ICRC. This thesis considers the legality of such developments. The ICRC is, perhaps most significantly, the self-entitled, ‘guardian’ of international humanitarian law (IHL) and a neutral and independent entity. This thesis considers the activities currently undertaken by the ICRC in the name of ‘humanitarianism’. It addresses whether a strict interpretation of the Geneva Conventions I, II, III and IV 1949, Additional Protocols I and II and Statutes of the ICRC would show that it is, as an organisation, usurping its mandate and principles. It also takes into account the ‘ICRC Study on Customary IHL’. The thesis examines the issue of whether the ICRC is an organisation with International Legal Personality (ILP) and, if so, whether it has legitimately extended its role beyond that provided in the Geneva Conventions I, II, III and IV 1949, Additional Protocols I and II and the Statutes of the IRCRCM. More broadly therefore the thesis examines the relationship between the ICRC and international law, including IHL, jus ad bellum and international human rights law (IHRL). One unique contribution made by this thesis is to undertake a substantial analysis of the meaning and implementation of humanity, which is a principle of the IRCRCM. The IRCRCM definition of the principle of humanity is: The International Red Cross and Red Crescent Movement, born of a desire to bring assistance without discrimination to the wounded on the battlefield, endeavours, in its international and national capacity, to prevent and alleviate human suffering wherever it may be found. Its purpose is to protect human life and health and to ensure respect for the human being. It promotes mutual understanding, friendship, cooperation and lasting peace amongst all people. Chapter five of the thesis shows that emerging concepts in the latter part of the twentieth century, in particular sovereignty as responsibility, human security and the Responsibility to Protect (RtoP), are indicative of a development within the international community which identified the plight of individuals within sovereign States as relevant to the international community at large. In particular, the ‘humanity’ and humanitarian needs of people living within states, in particular during and after conflict, became part of international discourse. Humanitarian assistance is no longer restricted to the provision of aid to soldiers. The idea of inhumanity in internal armed conflicts also gained traction on the international stage. It is evident from recent conflicts such as Libya, Syria and Ukraine that international willingness and ability to respond to such situations varies considerably. This thesis, therefore, considers whether the ICRC is able to reach people on the ground in a way that more politicised actors, such as the UN, are not. It considers whether there is a case to be made for a humanitarian approach to protection during, and after, armed conflict? Is the ICRC capable of reaching individuals and communities in a promising and effective way? Has the ICRC had to adapt its humanitarian assistance and protection roles to adequately respond to the changing nature of armed conflicts? These questions permeate the analysis of the mandate of the ICRC and its current work, which is undertaken throughout this thesis. Critically, this thesis dedicates a chapter to analyse what ‘humanity’ means today. In much literature humanity is considered in terms of IHL, which, it is argued, provides a limited definition of such. Likewise, much literature on the ICRC centre’s on its links to IHL. The ICRC often forms a subsection of a chapter on IHL or is viewed through the lens of IHL. This thesis goes further than traditional accounts of the ICRC, as it presents the ICRC as key actor in the long-term protection and assistance of individuals and communities suffering through and trying to recover from armed conflict. It addresses the question of how to interpret ‘humanity’ and whether, perhaps, there is a case to argue that it can and should be interpreted more broadly, given the influx of human focused concepts to emerge since the end of the Second World War. This thesis focuses on sovereignty as responsibility, human security and Responsibility to Protect (RtoP) as key examples of such, as they all relate to humanitarianism. Their specific links are considered in detail in chapter five. Teitel published ‘Humanity’s Law’ in 2011 which reflects on issues similar to those contained in this thesis. However, much of Teitel’s analysis remains grounded in ‘black-letter’ law, whereas this thesis is taking a socio-legal approach and focuses on the law and practice of the ICRC. Humanity’s Law, as a concept, is very close to this Author’s interpretation and understanding of international law and the international legal order, and, as such, it is imperative to refer, throughout the thesis, to ideas put forward in ‘Humanity’s Law’. In terms of existing literature and academic argument on the matter of ‘humanity’, Teitel provides a comprehensive analysis of case law and theory. In addition much literature on the ICRC dedicates a passing comment to the Principles of the IRCRCM, which include ‘humanity’. Sovereignty as responsibility, human security and RtoP are reflective of a shift away from a state-centric model of the international legal order. There is increasing awareness and political will in terms of the plight of vulnerable populations in need. The key for this thesis is whether the ICRC mandate and practice are reflective of the developing notions of humanity, that is, is the ICRC ‘buying in’ to security or interventionist interpretations of humanity? Or, which would be a much more daring conclusion to draw, is the ICRC actually ‘feeding’ the development of ‘humanity’ as a concept which is, in turn, permeating international legal discourse more broadly? The traditional theory of human security, as proposed by the United Nations Development Programme in 1994, considered economic, food, health, environmental, personal, community and political security to be of consequence to the people living in conflict and other insecure environments. These types of security were seldom prioritised in traditional security paradigms, which focused on national security. This thesis considers human security to be of continuing importance to people on the ground during and after armed conflict and other situations of violence. For people trying to rebuild their lives, family life, food, health and community security are as important, if not more important, than the maintenance of territorial borders. In this regard, it considers the work of the Economic Security (EcoSec) Unit, which assesses needs at household level in order to obtain first-hand local information. This thesis required the undertaking of interviews with ICRC delegates at the headquarters in Geneva. The literature in this area is somewhat limited and that which is produced comes predominantly from the ICRC. It was necessary therefore to undertake empirical research to provide an original contribution to research in this field and to comprehensively address the research questions of this thesis. Finally, this thesis uses a case study of the ongoing conflict in the DRC to examine the activities of the ICRC and shows how, and to what extent, the changes within the ICRC practice are impacting people on the ground. The case study was also informed by the interviews.

Whilst the adoption of commercial transgenic plant agriculture continues to spread globally, it is not necessarily indicative of universal support, and would appear to belie the inherent existential tensions and conflicting rights between transgenic, organic, and conventional plant agricultural systems. These tensions are typically vented via the inevitable adventitious presence of transgenes in non-transgenic crops, and the competing, and often conflicting scientific and acrimonious claims and counter-claims on the merits and proprieties of transgenic plant agriculture for the environment and public health. Nevertheless, the virtual irreversibility of transgenic plant agriculture, the exigencies of feeding the growing world population amidst continuing global food security scares, and the continuing dependency of livestock farming on transgenic plant feedstuff, especially in Europe, underscore the imperatives for mutual co-existence of all three forms of plant agricultural systems. Drawing on the socio-legal theory that risks and responsibility are correlatives, it is argued in the thesis that our “technological society” is also a “risk society”, and as it is for comparable “technologies of risk” in the post-industrial era, the regulatory framework for the co-existence of transgenic and non-transgenic plant agriculture, must of necessity, invoke corresponding responsibility in law for any consequential economic loss and damage to the environment and public health, in order balance and moderate the conflicting rights in the coexistence paradigm for transgenic and non-transgenic plant agriculture. Whilst drawing on relevant and analogous case law and legislations from the United Kingdom, the European Union and North America, the thesis defines the boundaries of inherent risks, responsibility and rights in the current coexistence paradigm for transgenic and non-transgenic plant agriculture, and proposes a modality for an effective sui generis compensation regime, as an integral part of the broader coexistence policy, on the grounds that such a regime could moderate conflicting rights, increase public acceptance, and build public confidence in transgenic plant technology, rather than hinder its continuing global growth and promise.

This thesis examines the relationship between the private enforcement of EU competition law and forum shopping with a particular focus on cross-border collective end-consumer redress. There is no coherent framework across the EU for these types of cases. This lack of uniformity has the potential to create recourse to different national courts. Lawyers may engage in forum shopping when filing lawsuits on behalf of the victims of mass torts. Such practices can provide Member States with incentives to amend their laws to attract collective proceedings and create competition between national judicial systems. However, forum shopping is not the only concern. There appears to be a paucity of cross-border collective claims. This is coupled with an apparent lack of motivation for end-consumers to seek a remedy, particularly if the only choice is to litigate outside their own legal regime. Addressing this situation is vital given that end-consumers regularly suffer harm in the form of higher prices, lower output, reduced quality and limited innovation as a result of antitrust infringements but they are rarely compensated due to legal and practical obstacles. To each end-consumer the harm may indeed be de minimis. However, the aggregate harm can amount to a considerable sum. In the absence of effective redress procedures, infringing undertakings retain the spoils of their unlawful conduct. Against this background, this thesis examines the extent to which the conflicts-of-laws rules encourage forum shopping and considers the appropriate forum and the appropriate procedural measures that need to be adopted in order to facilitate effective and equal access to justice for end-consumer victims of EU competition law violations.

One of the most comprehensive collective rights regimes has been developed in the area of indigenous peoples and respective land and resource rights in particular. International legal instruments (ILO C169 and UNDRIPS) and Inter-American jurisprudence (e.g. the Saramaka and Sarayaku cases) significantly safeguard such rights. The latter materialise in the form of prior consultation mechanisms regarding natural resource extraction and ultimately exemplify indigenous peoples’ self-determination. However, practice shows that such collective mechanisms are established without truly taking indigenous peoples’ representative institutions according to their customs and traditions into account. This can be attributed to the fact that the interplay and local dynamics between indigenous communities, leaders and representative organisations are too complex to be reduced to collective wholes. In order to disentangle such dynamics, power relations between the players, issues of legitimacy, representativity and accountability of participatory mechanisms, and the inclusion of subgroups and individuals in collective decision-making are examined. By combining international legal standards and ethnographic research, a legal anthropological perspective informs this piece of research. Firstly, insights are gained by understanding individual or ‘subgroup’ rights in relation to collective claims in international and regional legal standards. Secondly, this relationship is observed by means of two case studies in the Bolivian Lowlands that shall shed light upon the implementation of such standards in the extractive sector. Thereby, specific subgroups are chosen to illustrate participatory exclusion and inequalities, including women (I), different age groups (II), monolingual people and persons with lower education levels (III) and local leaders (IV). Empirical insights draw on a prior consultation process with Guaraní people in the hydrocarbon sector and collective decision-making mechanisms in the case of Chiquitano people in the mining sector. Based on such empirical observations, a catalogue of guiding principles will be proposed in order to refine the existing UNDRIPS framework.

Paragraphs 138 to 140 of the Outcome Document of the 2005 UN World Summit not only elevated the element of prevention to a prominent place within the principle of “responsibility to protect” (R2P), but also restricted the scope of R2P to four specific crimes under international law: genocide, war crimes, ethnic cleansing, and crimes against humanity. This thesis explores the conceptual and practical consequences of linking R2P to the concept of international crimes, with a particular focus on the preventive dimension of R2P, the socalled “responsibility to prevent”. To date, much of what has been written about the “responsibility to prevent” borrows primarily from conflict prevention theory and practice. Such conflict prevention inspired accounts of the “responsibility to prevent” tend to depict the principle as a long-term agenda that seeks to build societies resilient to atrocity crimes; that rests primarily on pillars one (state responsibility) and two (international assistance and capacity-building); that is supportive rather than undermining of state sovereignty; and that can largely adhere to the traditional conflict prevention principles of impartiality, consent, and minimal coercion should more direct prevention efforts become necessary. Drawing on literature from criminology, this thesis develops an international crimes framework for operationalizing the preventive dimension of R2P. The framework, combined with three case studies of international crime prevention (Bosnia 1991-1995; Kenya 2007-08; and Libya 2011), challenges key assumptions of the conflict prevention accounts, arguing that linking R2P to the concept of international crimes turns the “responsibility to prevent” into a principle that is more focused on the short-term, rather than on so-called root causes of atrocity crimes; more focused on individuals, rather than on state structures and capacity; more partial regarding perpetrators and victims; and more coercive, intrusive, and controversial than is commonly acknowledged in academic writing and policy debates on the subject. More broadly, the thesis concludes that taking R2P’s focus on the prevention of international crimes seriously requires re-rethinking the “responsibility to prevent” in important respects.

Submitted by Rosina Valeria Lanzellotti Mattiussi Teixeira (rosina.teixeira@unisantos.br) on 2015-05-20T18:14:24Z No. of bitstreams: 1 Rodrigo Cardoso Silva.pdf: 736123 bytes, checksum: 76c76dbf3932066bc749b0b2938f3599 (MD5) / Made available in DSpace on 2015-05-20T18:14:24Z (GMT). No. of bitstreams: 1 Rodrigo Cardoso Silva.pdf: 736123 bytes, checksum: 76c76dbf3932066bc749b0b2938f3599 (MD5) Previous issue date: 2013-05-13 / This scientific research examined the interdisciplinary aspect of government policy and strategic e-GOV websites of the Brazilian federal states based on the methodology of two global players: USA and UN. Nevertheless, the research adopted the methods used by stakeholder W3C aiming to bring research the link between the languages of ICT and Legal Sciences. The current scenario of e-GOV of the Brazilian subnational actors can be viewed as an evolving environment. However, the results of the survey were not absolutely optimistic for the Brazilian states, therefore adopting a program of e-government is much more than creating a government website. The portal of a state government is the embodiment of public administration web for the benefit of civil society and other national or international governments. It can be observed that the best practices implemented in the Federated States of the United States of America are in a much higher pattern than the Brazilian subnational actors. Internationally, represented by the UN, the result was almost similar, especially with regard to online services. Regarding stakeholder W3C recommendation, the results of the Brazilian Federated States show a connection with new technologies for Web 2.0 and that are essential for the smooth running of websites, unless some adjustments are needed to uniquely due to updates. The normative aspects of e-GOV in Brazil, especially for the Brazilian Federated States is a fact of classic gap in legislation that prevents the development of electronic services with more efficiency, transparency, visibility and quality for civil society. On the other hand, the United States is the precursor in the practice and institutionalization of e-GOV, Federal Law AN ACT Government Electronic of 2002 and federal and state councils. Finally, the survey noted that to achieve positive results in the e-GOV Brazilian states is essential that the political leader has the perception that government websites are an extension of government services, which also encompasses direct democratic participation. It means, the political strategies associated with cyberspace and technology to achieve the sensitivity of the society as a whole. / A presente investigação científica analisou o aspecto interdisciplinar da política governamental e estratégica de e-GOV nos websites dos estados federados brasileiros com base na metodologia de dois players globais: EUA e ONU. Não obstante, a pesquisa adotou os métodos aplicados pelo stakeholder W3C com o objetivo de trazer para a pesquisa o liame entre as linguagens de TIC e Jurídica Social. O cenário atual de e-GOV dos atores subnacionais brasileiros podem ser visualizados como um ambiente em constante evolução. No entanto, os resultados obtidos pela pesquisa não foram absolutamente otimistas para os estados brasileiros, pois adotar um programa de e-GOV é muito mais do que criar um website governamental. O portal de um governo estadual é a materialização da administração pública na Web em proveito da sociedade civil e demais governos nacionais ou internacionais. Podese observar que as boas práticas implementadas nos estados federados dos EUA são muito superiores do que dos atores subnacionais brasileiros. No âmbito internacional, representado pelas Nações Unidas, o resultado foi quase semelhante, especialmente com relação aos serviços on-line. Com relação à recomendação do stakeholder W3C, os resultados dos estados federados brasileiros mostram sintonia com as tecnologias novas para a Web 2.0 e que são imprescindíveis para a boa execução dos websites, salvo alguns ajustes que excepcionalmente são necessários em razão de atualizações. Os aspectos normativos de e-GOV no Brasil, em especial para os estados brasileiros, constituem um fato clássico de lacuna na legislação, que obsta o desenvolvimento de serviços eletrônicos com mais eficiência, transparência, visibilidade e qualidade para a sociedade civil. De outra parte, os EUA são os percursores na prática e na institucionalização do e-GOV, com a Lei Federal AN ACT Electronic Government of 2002 e conselhos federais e estaduais. Por fim, a pesquisa observou que para alcançar resultados positivos no e-GOV estadual brasileiro é essencial que o líder político tenha a percepção de que os websites governamentais são uma extensão dos serviços da administração pública, que engloba também a participação democrática direta. Isto é, a vontade política associada às estratégias de tecnologia para o ciberespaço e a sensibilidade de alcançar a sociedade como um todo.