La notion de souveraineté est souvent analysée, interprétée et critiquée sous un angle purement individualiste, comme appartenant à l'État. Toutefois, en raison de la pluralité des États qui caractérise le droit international, la souveraineté est une notion nécessairement pluraliste. L'analyse de la structure normative et institutionnelle de l'ordre juridique international montre effectivement que la souveraineté appartient à l'ensemble des États et signifie et assure leur statut privilégié dans cet ordre juridique. Dès lors, la souveraineté devient une qualité pour justifier les privilèges et les exclusivités des États par rapport aux autres entités de la scène internationale: tout dérive des États et tout doit nécessairement et obligatoirement passer par les États. Cependant, il existe un certain nombre de phénomènes qui affectent cette configuration état-centrique de l'ordre juridique international. Il s'agit notamment des phénomènes dits de la mondialisation qui font fi des divisions spatiales fondées sur l'organisation politique des États. Dans ce processus de mondialisation qui rend floues et in effectives les frontières étatiques, le rôle des États se trouve de plus en plus affaibli et remis en question. L'émergence de nouveaux acteurs représentatifs et des normativités alternatives est la manifestationde cette évolution qui va dans le sens d'un dépassement de la conception état-centrique du droit international et, par conséquent, d'une remise en question de la souveraineté des États. / The notion of sovereignty has often been analyzed, interpreted and criticized in purely individualistic terms and deemed to belong to the State. However, due to the plurality of States characterizing the international law, the sovereignty becomes necessarily a pluralistic notion. The analysis of the normative and institutional structure of the international legal order shows, indeed, that the sovereignty belongs to ail States and also means and ensures their prevailing status in this legal order. As a consequence, sovereignty becomes a quality for justifying the privileges and exc\usivities of State in comparison to other entities on the international scene: everything derives from the State and must also necessarily and absolutely be achieved through the State. However, there are a number of phenomena affecting this State-centric configuration of the international legal order. These are the phenomena of the globalization, which flout spatial divisions based on the politicalorganization of the States. The raIe of State has increasingly become weaker and question able in this process of globalization, which renders State borders blurry and ineffective. The emergence of new representative players and alternative normativity reflects this development which is in line with an overrun of the Statecentric concept of the international law and, consequently, calls into question the State sovereignty.

Made available in DSpace on 2016-04-27T16:33:26Z (GMT). No. of bitstreams: 1 Moises Carlos Ferreira.pdf: 618560 bytes, checksum: 54751852a01c34fdf6a2ca97d2323a2f (MD5) Previous issue date: 2007-08-29 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / The research related in this thesis aimed to investigate the relation between an ETE (Public Technical School) in the city of São Paulo and an NGO (Non Governmental Organization) bearing in mind how these institutions take students from High School to do a traineeship in the job market. The initial point of such research is LDBEN 9394/96 and the based theory from CNE/CEB (National Council Education/ Basic Education House) n. 15/98, that emphasize the preparation of High School students to the job market and another based theory from CNE/CEB n. 35/2003, that regulated how these trainings would be done by those students. Considering their specific necessity of preparation for the job market, jargon from business expressions are being frequently used, such as flexibility , learning by abilities , the ability to adapt to changes within these educational institutions. In the same way, a creation of a new school educational paradigm has been noticed formed by the same uncritical business speech in relation to the employment crisis that shakes the contemporary world. In other words, this agreement shows itself as a spokesperson of this new educational paradigm, the one that considers the business view. The research consists in an analytic-descriptive study of students opinion about the trainings, its offerings and possibilities, considering the agreement ETE-ONG. This investigation has been done between 2006-2007, through forms applied to 15 students from High School in question who participated in some Training Programs and also through the analysis of official papers involving the relations that deal with this agreement ETE-ONG. The issues that concern the students training and their insertion into the job market are mainly considered in this analysis, as well as the observation of some workshops organized by the NGO that trains students. The analytical reference used in this thesis is based on authors like: Ferretti, Lopes and Zibas who criticize this educational model. The research allows us to infer that this kind of training represents certain flexibility of the CLT (Working Laws Consolidation), because it creates a cheap kind of labor to the companies and at the same time it brings the students involved to use this opportunity not to develop their curriculum abilities according to the official papers, but to enter, even though in an insufficient way, the job market / A pesquisa aqui relatada investiga a relação entre uma ETE (Escola Técnica Estadual) de São Paulo e uma ONG (Organização Não Governamental) no que se refere ao encaminhamento de alunos do Ensino Médio para estagiar no mercado de trabalho. O ponto inicial de tal pesquisa remete à LDBEN 9394/96 e ao Parecer CNE/CEB (Conselho Nacional de Educação/ Câmara de Educação Básica) n. 15/98, que enfatizam a preparação ao mundo do trabalho para a educação de nível médio e ao Parecer CNE/CEB n. 35/2003, que regulamentou a realização de estágios para alunos vinculados ao Ensino Médio. Em face desta demanda específica para o ensino médio a de preparar para o mundo do trabalho desenvolve-se, no interior das instituições escolares desse nível de ensino, o uso de um repertório empresarial visível na utilização freqüente de jargões como: flexibilização , aprendizado por habilidades , adaptação ao novo , bem como observa-se a criação de um novo paradigma para se referir à educação escolar, com a mesma carga do discurso empresarial pouco crítico em relação à crise do desemprego que abala o mundo contemporâneo. Ou seja, o convênio em tela apresenta-se como porta voz desse novo paradigma educacional, o empresarial. A pesquisa consiste em um estudo analítico-descritivo da visão de alunos do Ensino Médio sobre a oferta e possibilidade de estágios, no âmbito do convênio ETE-ONG. Foi realizada entre os anos de 2006/2007, por meio de: aplicação de questionários a 15 (quinze) alunos do Ensino Médio que se utilizam do expediente estágio; análise de documentos envolvendo as relações que tratam do convênio entre as instituições citadas ETE & ONG especialmente no que tange à formação dos alunos e ao seu encaminhamento para o mercado de trabalho; além de observações de Oficinas de Capacitação que formam os estagiários, organizadas pela ONG. Fornecem referencial de análise para a pesquisa autores como: Ferretti, Lopes e Zibas, que fazem crítica a este modelo educacional. A pesquisa permite inferir que esta modalidade de estágio representa certa flexibilização da CLT (Consolidação das Leis do Trabalho), pois acaba por gerar mão de obra barata para as empresas, ao mesmo tempo em que leva os alunos envolvidos a se utilizarem desta possibilidade, não para desenvolverem habilidades curriculares, conforme designam os documentos legais, mas para inserção, ainda que precária, no mercado de trabalho

Ce travail étudie l’affirmation de la « culture des droits » dans le contexte népalais, en explorant le rapport triangulaire qui relie les associations locales, le discours international sur les droits humains et la morphologie des transformations – sociales, normatives, institutionnelles – qui ont caractérisé l’histoire récente du Népal.L’enquête se fonde sur une ethnographie transversale des associations urbaines, qui traverse les différentes échelles territoriales où ces associations se mobilisent et les multiples registres sur lesquels elles opèrent (le social, le politique, le juridique). La première partie est axée sur le niveau micro-local du quartier et de la ville et concerne trois réseaux associatifs: les collectifs de mères, les associations pour le développement du quartier et les organisations des Dalit, les basses castes ; la deuxième porte sur les associations des minorités ethniques (ou « nationalités indigènes ») et sur celles des groupes parbatiya, les hautes castes des collines népalaises ; la troisième est consacrée à l'interaction entre justice et société civile au Népal, telle qu’elle émerge de l’analyse d’actions en justice introduites à la Cour suprême par des associations spécialisées dans la défense des droits humains.A partir de cette analyse, on cherche à dégager 1) les mécanismes à travers lesquels le discours sur les droits est devenu un langage hégémonique de formulation des revendications collectives et d’articulation des conflits sociaux ; 2) le rôle des associations de la société civile dans ce processus ; 3) l’impact de la culture de droits sur l’expression de l’éthique, des identités et des politiques locales, ainsi que sur le cadre normatif et constitutionnel du pays. / This dissertation examines the emergence of a culture of human rights in Nepal, by focusing on the triangular relationship between civil society organizations (CSOs), the international discourse on human rights, and the social, legal and institutional changes that have characterized the country’s recent history.The research is based on ethnographic work in the field of urban associations, at the various levels and across the various fields (social, political and legal) where they operate. My first part looks at the micro-local level of the neighborhood and city, through a study of three specific networks of associations: mothers’ groups, neighborhood development associations and Dalit (low-caste) associations. In a second stage, I focus on ethnic minority (or “indigenous nationality”) associations and on parbatiya (Nepali high caste of hill origin) groups. The third and final section of the dissertation is dedicated to the interaction between the judiciary and civil society in Nepal, as it emerges from an analysis of cases filed at the Supreme Court by associations specialized in the defense of human rights.The overall aim of this research is to identify: 1) the mechanisms through which the human rights discourse has asserted its hegemony, becoming the dominant medium through which collective demands and social conflicts can be articulated; 2) the role played by CSOs in this process, and 3) the impact of the culture of human rights on the expression of local ethics, identities and politics, as well as on Nepal’s legal and constitutional framework.

As Canada’s courts recognize and redefine the scope of Aboriginal title and rights in the country, alliances between Indigenous communities and environmental groups are playing an increasingly central role in the fight to stop fossil fuel infrastructure projects and address the global threats of climate change. Recognizing the importance of relationships between environmental non-governmental organizations (ENGO) and Indigenous peoples to environmental campaigns in Canada, and the need to include land-politics into the national conversation of reconciliation, this research project aims to investigate the role of reconciliation efforts in environmental campaigns in BC. Indigenous-ENGO relationships offer important opportunities to learn how actions and language of reconciliation are (or are not) being expressed in environmental campaigns, and to learn how ENGOs are approaching their work with Indigenous communities in an era of reconciliation. Using two campaigns as my case studies I explore these topics by interviewing ENGO staff and Indigenous peoples working collaboratively on the Site C Dam campaign in the Peace River region of Treaty 8 in northeast BC, and the Pacific Northwest liquid natural gas (LNG) terminal project in the Skeena River watershed region in the traditional territories of the Tsimshian, Gitxsan, and Wet’suwet’en nations of northwest BC. Informed by Indigenous and anti-colonial research methodologies, a principle of relational accountability is used to center relationships with land as a foundation for reconciliation, and for recommendations on how Indigenous-ENGO relationships can be improved. / Graduate

Homelessness is a pressing social and health concern that affects Māori disproportionately. This research explores the provision of mental health services to Māori who are homeless. The thesis has two primary aims. First, to document the experiences of Māori homeless people who live with mental health concerns and their relationships with mental health professionals. Second, to document the experiences of mental health professionals and how they interact with, provide care for, and build relationships with Māori Homeless. The skills of, and the difficulties faced by these professionals in provisions of quality of care are also considered. Three male and three female homeless participants were recruited from the Waikato and Auckland regions. All participants had received care from Non Governmental Organisations (NGOs) and/or District Health Board services (DHB). Participating mental health professionals included one female and five males. Mental health professionals included counsellors, therapists, psychologists, social workers, crisis team coordinator, and a cultural advisor. All participants took part in individual semi-structured interviews conducted in an open and conversational manner. Key themes for homeless participants included their general life histories of mental illness, mental health service use, relationship with professionals, cultural issues, and concerns that Māori homeless wanted to discuss. Key themes for mental health professionals included their approaches when working with homeless people, relationship building, barriers to working with this group and possible solutions, linking with other professionals or organisations, and issues mental health professionals wanted to discuss. Findings highlight the importance of strong therapeutic relationships between homeless clients and mental health professionals, the need for more joined up (multi-level agency) approach to service delivery, and the importance of Māori ideology in restoring wellbeing and dignity. Findings suggest that the effectiveness of mental health service delivery relies in part on information provided by stakeholders. Information provided by homeless people and mental health professionals informs both service delivery and the ways in which practitioners can best support the needs of homeless people.

受到氣候極端變遷的影響，近年來，世界各地接二連三地出現許多重大天然災害，讓我們賴以生存的地球，正面臨著嚴峻環境災難的考驗。面對這個重要課題，除了政府必須肩負的責任外，非政府組織從環境保護、減災預防、災難準備、以致災難發生時的緊急救援，到災後的復建與重建工作等環節上，也扮演愈來愈重要的角色，近代各國政府都把積極參與人道救援的非政府組織視為災難救援和賑濟上的重要伙伴。 人道救援和一般社會服務工作的動員模式與服務取向不同，除了必須在短時間內滿足無法事先確定的大量需求外，人道救援的目的是在有限資源的前提下，公允地維持受災民眾必要的生存環境、條件與尊嚴。是以，人道救援組織從平時救災人員的訓練、養成，救災器材設備與救援物資的整備，到災難發生時可以快速反應的動員能量，甚至災後不管復原或重建階段各項專業領域的參與，都需要掌握相當實力的資源，才能在必要的時候派上用場。 目前國內主要從事海內、外人道救援的民間組織，其從事人道救援的財源幾乎百分之百依賴民間捐款，而因應每次災難事件的不同，其所募得款項的多寡差異非常大，但國內相關影響重大災難募款金額多寡的因素研究卻很少，為使有限、寶貴的社會資源可以更合理、妥切地被運用，研究者以紅十字會在九二一大地震之後十年來十五起賑災專案募款的結果，運用個案研究的深度訪談以及焦點團體的探討，嘗試彙整出影響國人重大災難捐款的因素。 是以，本研究從災難本身、捐款人、勸募者及社會政經情境等面向，歸納出可能影響重大災難募捐款項的二十個因素，藉以分析說明並對照實務上募款金額的多寡。此外，本研究也提供了幾項重大災難募捐的特性，希望可以做為國人或後續研究者參用。 最後，本研究建議國人應該深切體認資源有限，整體社會的資源不管來自何處、流向何處，其總和也是不變的，因此，無論是資源的擁有者、分配者、執行者，以及在這個過程中可能影響資源分配運用的關係人，如政府、媒體等，都應該珍惜這個寶貴的資源，善用它，讓它發揮應有的社會功能。尤其，人道救援是一個關乎生命，非常嚴肅的議題，很多人認為重大災難捐款是一種衝動性捐款，但研究者卻堅信捐款行為只是表象，其真正是人的「愛心」在驅動，因此，必須從理性、審慎的態度來探究愛心背後可能影響捐款人作為的因素，並進而提供國人的愛心一個更好的捐款與資源運用環境。 / As a result of extreme climate changes, the world has witnessed many major natural disasters. Hence, the earth on which we live is confronting severe environmental challenge. To cope with such a severe challenge, other than the governments which must take up the responsibilities, NGOs are playing more important roles which include environmental protection, disaster prevention, disaster preparedness, as well as in the event of occurrence of natural disasters, emergency relief, recovery and reconstruction. Nowaday, the governments treat NGOs as their indispensable partners in the efforts of disaster rescue and relief. Humanitarian relief is different from social working network. The former must within a short period mobilize resources to meet unpredictable yet huge amount of need. The objective of humanitarian relief is to provide the people who were adversely affected by the disasters with resources, however limited, to live with dignity and fairness. Therefore, NGOs doing humanitarian relief must prepare themselves not only in the training of rescue teams, securing adequate equipments so that they can respond promptly to disasters, but also be in command of substantial resource so as to meet the urgent need in emergency relief, recovery and reconstruction. The humanitarian organizations of Taiwan, whom undertake disaster relief in Taiwan and oversea, obtain funding almost 100% from the private sector. Since the amount of fund raised in different disasters can be vastly different, to help rational allocation of limited yet valuable resources in disaster relief, the author has made efforts to collect data from 15 disaster-fund-raising events since the 921 earthquake in 1999, and to analyse the factors that are relevant to the donors’ behavior. The author has also carried out analysis of the factors by in-depth case study and focus group interview. On the basis of such data, case study and interview, the author has identified 20 factors from such perspective as nature of disasters, donors, fund-raising organizers, social-economic- political situation, etc. This paper also enumerates a number of important characteristics of fund-raising in major disasters. To conclude, the author likes to point out that the sum total of resources available to any disaster effort project is a constant. Therefore, all players in any major disaster relief project, including the organizers, the media, the government and others, must carefully use the resources and to achieve maximum utility of the resource for the benefits of those who are in need, to recover and to re-live from the disaster. Such an observation is meaningful because humanitarian relief is a serious subject and donation is not merely an act of impulse, it is also an act of “love”. Therefore, we must carefully explore the relevant factors that contribute to the donors’ behaviors. Only by so doing, we can structure a better environment under which fund-raising motivated by “love” can be truly successful and meaningful use of such resources to the maximum benefit of the people affected by the disasters be assured.

This study explores the factors that influence the management of a protected area situated on private land as well as the implications of these factors in the interaction between the NGO and the communities associated with this area. The protected area, Marine National Monument Cayos Cochinos, is an archipelago surrounded by reefs in the Honduran Caribbean. This area is home to a highly heterogeneous population of fisherfolk communities –most are members of the Garifuna ethnic group– and wealthy Honduran and foreign landowners. This case study also comprises three fisherfolk communities outside the protected area who fish in Cayos Cochinos. Local fishermen in Cayos Cochinos are settled in community-owned areas; however, these settlements started by the occupation of private lands. Wealthy landowners have either individual land titles or shares of a firm owning four of the islands. The protected area was established through the initiative of this firm to protect the natural resources. This area is nominally co-managed by a local nongovernmental organisation (NGO) and two government agencies; however in practice it is managed solely by the NGO. This study discusses the influence of the nature of the Honduran legislation regarding protected areas and of the co-management agreement on the management of Cayos Cochinos. This research also shows that the management priorities of this protected area are only partially based on the Honduran government’s laws and regulations and the guidelines specific for this area. Lack of government participation in the co-management of the area, financial constraints, influences on the NGO of stakeholders in higher positions of power with respect to it, personal preferences of the NGO managers and issues regarding the communities’ leadership, have all had an influence on the management priorities of the protected area since its constitution. The combined effect of these factors has influenced the management of the NGO towards prioritising the natural resource conservation. This area is managed under a ‘people-out’ conservation paradigm. The adoption of this paradigm has disadvantaged the fisherfolk communities inside and outside the protected area by restricting their access to the natural resources on which their livelihoods are highly dependent. However, the same situation has favoured the private landowners by limiting the access of the fisherfolk communities to the land owned by the former. The privileging of one community sector over another has created conflicts between the NGO and the fisherfolk communities. However, these conflicts have been fuelled by other factors such as the steady contesting of the land titles over the territories occupied by the latter, and by the support that external organisations have given to the latter at the expense of the original owners of the land. This research suggests that local NGOs in charge of the management of natural protected areas might have limited capacity to abide by national conservation and sustainable development priorities due to the likelihood to be influenced by external forces with different priorities.

<p>Civil society activism in traditional non-governmental organizations (NGOs) is seen as one of the cornerstones of a vibrant participatory liberal democracy in most Western democratic states. Whereas this issue has been explored from a variety of perspectives in a Western context, only limited research has been carried out in a post-Soviet context. This study presents unique survey data on civil society core activism in post-Soviet Latvia addressing the following two main questions: What are the characteristics and factors that influence a person to become a core activist in a civil society organization? How does the post-Soviet Latvian context influence civil society core activism?</p><p>Two nationwide surveys were carried out among core activists in all sorts of NGOs and for a comparative purpose among the population at large, from which non-activists have been extracted. Through cross-tabulations based on the three comparative dimensions: a) activists in general vs. non-activists, b) fields of interest and c) position in organization, this study indicates that many of the factors proven to be important when explaining civil society core activism in Western contexts also have explanatory power in post-Soviet Latvia. Important factors are an individual’s educational level, empathic ability and level of civic literacy, as well as the presence of activist role models and positive support for the decision to become involved in civil society activism. Citizenship and gender are other important factors, but unlike Western countries women dominate the civil society sector in Latvia. Two new factors are also suggested and tested, showing that the perception that one has the ability to organize activity and prior leadership experience from a communist organization are important for Latvian core activists.</p><p>Binary logistic regression analysis is further used to test the significance of each of the independent variables alone and in combination with each other, introducing different types of core activists based on gender, motives for activism, intensity of political, charity and recreational activity, as well as the positions they have in their organizations.</p>

Civil society activism in traditional non-governmental organizations (NGOs) is seen as one of the cornerstones of a vibrant participatory liberal democracy in most Western democratic states. Whereas this issue has been explored from a variety of perspectives in a Western context, only limited research has been carried out in a post-Soviet context. This study presents unique survey data on civil society core activism in post-Soviet Latvia addressing the following two main questions: What are the characteristics and factors that influence a person to become a core activist in a civil society organization? How does the post-Soviet Latvian context influence civil society core activism? Two nationwide surveys were carried out among core activists in all sorts of NGOs and for a comparative purpose among the population at large, from which non-activists have been extracted. Through cross-tabulations based on the three comparative dimensions: a) activists in general vs. non-activists, b) fields of interest and c) position in organization, this study indicates that many of the factors proven to be important when explaining civil society core activism in Western contexts also have explanatory power in post-Soviet Latvia. Important factors are an individual’s educational level, empathic ability and level of civic literacy, as well as the presence of activist role models and positive support for the decision to become involved in civil society activism. Citizenship and gender are other important factors, but unlike Western countries women dominate the civil society sector in Latvia. Two new factors are also suggested and tested, showing that the perception that one has the ability to organize activity and prior leadership experience from a communist organization are important for Latvian core activists. Binary logistic regression analysis is further used to test the significance of each of the independent variables alone and in combination with each other, introducing different types of core activists based on gender, motives for activism, intensity of political, charity and recreational activity, as well as the positions they have in their organizations.

La presente tesi di dottorato valuta i rapporti tra le organizzazioni della società civile e le istituzioni internazionali nel sistema della cooperazione per lo sviluppo, attraverso l'analisi delle politiche della Banca Mondiale e dell'Unione Europea, che risultano gli attori multilaterali più rilevanti nell'allocazione e gestione dei finanziamenti dell'Aiuto Pubblico allo Sviluppo (APS). Nel quadro di relazioni cooperative-dialettiche, si verificano le funzioni degli interlocutori della società civile nel rapporto con le due organizzazioni internazionali e i livelli di partnership. Si analizzano alcuni nodi problematici come la valutazione della performance dei progetti delle organizzazioni della società civile (OSC), per verificarne il valore aggiunto; la dicotomia tra un approccio top-down e bottom-up nella pianificazione di processi di sviluppo locale; la rappresentatività e l'efficacia del contributo delle OSC alla global governance per lo sviluppo. Si presentano anche due casi empirici di progetti realizzati da una stessa OSC, finanziati dalle due istituzioni considerate, al fine di favorire, attraverso l'analisi “micro”, la comprensione di eventuali diversità rispetto al quadro teorico, alle procedure sul “ciclo di progetto” e ai rilevamenti quantitativi presentati. Complessivamente, emerge che la cooperazione tra OSC e le istituzioni internazionali ha maggiori benefici che costi e conduce ad una partnership win-win per entrambi. / The present PhD thesis considers the relationships between the organisations of civil society and the international institutions in development cooperation's system through the analysis of the World Bank's and the European Union's policies. In the frame of cooperative and dialectic relationships will be verified the functions of the interlocutors of the civil society in relationship with the two international organisations and levels of partnership. Some problematic knots will be analysed such as the evaluation of projects' performance of the organisations of the social society (OSC) in order to verify the added value; the dichotomy between a top-down and bottom-up approach in the process planning of the local development; the representation and effectiveness of the OSC's contribution to the global governance for development. Two empirical cases of projects realised by an OCE will be showed. These are financed by the two above considered institutions in order to favour, through a “micro” analysis, the comprehension of possible differences regard to the theoretical picture, to the procedures of the project cycle and to the quantitative showed survey. Altogether it appears that the cooperation between the OSC and the international institutions has more benefits than costs and leads to a win-win partnership.