One of the fundamental principles of the Chicago Convention is the principle of nationality of aircraft. It is the means by which the Convention attaches most of the rights and obligations that it creates to aircraft and state of registry, irrespective of who owns or operates the aircraft. Yet the rules of the Convention on nationality and registration can give rise to serious practical problems when an aircraft registered in one state is cooperatively arranged to be operated by an operator belonging to another state. / This thesis takes a closer look at the principle of nationality of aircraft in international aviation law and gives an outline of the history of this concept. Further, it explains how nowadays this principle is applied to aircraft operated by international operating agencies, and to aircraft registered in one state and leased, chartered or inter-changed by operators belonging to other states. / The concept of 'nationality of aircraft' should not be confused with the concept of 'nationality of airlines'. Another part of my thesis is dedicated to this concept of 'nationality of airlines', which is of major importance in aviation too. / This part contains a general explanation on this concept as well as some examples of the ownership and control requirements in different national laws. Besides introducing the Community Air Carrier concept, it focusses on the question if the ownership and control clauses included in bilateral agreements are compatible with today's trend towards global carriers and international mergers. (Abstract shortened by UMI.)

The aim of this thesis is to evaluate the practical utility of international norms to indigenous peoples. In recent decades, indigenous peoples have looked increasingly to international fora to secure what they see as their rights. It becomes important, then, to evaluate the potential utility of these efforts. Two conclusions dominate my assessment of the role of international law. Firstly, the lack of enforceability of the norms means that international law is unlikely to achieve change in the face of state resistance. Secondly, the vagueness of the norms, coupled with the complexity of self-government regimes, severely limit the principles' ability in achieving specific change. Instead, the utility of international law is seen to lie in changing attitudes amongst the general public and governments, by establishing common standards of treatment to which all indigenous peoples are entitled, creating new channels of communication and broadening the context of indigenous disputes.

This thesis deals primarily with the air carrier's liability in the case of passenger death or bodily injury under Warsaw System. It analyzes the problems of today and tries to offer solutions for the present crisis of the Warsaw System for the future. / The first chapter concentrates on an brief introduction of the development of the Warsaw System from the original Warsaw Convention, to the 1996 ICAO new draft instrument. The chapter gives the trend of development and explains the different characteristics of each Warsaw instrument. / The second chapter analyses the shortcomings of the original Warsaw Convention by comparing the rationales of the air carrier's limited liability in 1929 and the requirements of today. In this way, this thesis seeks to present the limited liability of air carriers as unreasonable and out of date. / In order to offer the suggestions and possible solutions for the future, the third chapter analyses the merits and shortcomings of the Warsaw Instruments, unilateral or group action, the ECAC recommendation, the IATA Intercarrier Agreement and its implementing Agreement, and the ICAO new draft instrument. Finally, for the integrity of the air carrier's liability, this thesis also briefly criticizes the shortcomings of baggage liability under the present Warsaw System and offers a better solution for baggage liability in the future. / In the last chapter, the author introduces the related legal regime of the Republic of China, compares it with the Warsaw System and attempts to develop a method to link the Republic of China with the rest of world in the field of private air law.

In this thesis the author explores the role of women as participants in the Rwandan genocide. The thesis is informed by the insights of Western feminist criminologists, as well as a consideration of women's status in pre-genocide Rwanda. The author then draws from empirical research conducted both with female genocide suspects in the Rwandan prisons and with persons working in the Rwandan criminal justice system to reveal that popular understandings of 'participation' in the genocide do not always equate with formal legal meanings. She also considers questions of power and women's motivations for participating in the genocide. She argues that despite the adoption of a formal 'equal treatment' approach to genocide suspects, gender comes into play at almost every step of the Rwandan and international criminal justice processes, with the effect that some women appear to be receiving impunity for their actions, while others are being unfairly disadvantaged.

This thesis proposes a legal regime for the environmental protection of outer space. The proposed regime aims to avoid the shortcomings of current environmental protection practices based on human self-interest by placing emphasis on respect for all of nature. Chapter I describes the physical parameters of human space activities, with an emphasis on near-Earth space, the Moon, Mars and Venus. Chapter II proposes the biocentric (life-centred) moral perspective as a rational basis for international environmental law on Earth and in outer space. Chapter III deals with four basic principles of international environmental law, which are analysed in order to develop a biocentric approach when addressing environmental issues on Earth and in outer space. Chapter IV describes existing principles and techniques of biosphere management and proposes a strategy of biosphere risk assessment for managing ecosystems according to the biocentric perspective. Chapter V analyses current international space law to ascertain what restrictions, if any, environmental principles of that law may impose on the biocentric approach to management of the planetary environment. Chapter VI proposes a protocol to the Outer Space Treaty designed to protect the planetary environment from harmful human space activities. Chapter VII applies the techniques of biosphere risk assessment to the hazards posed by space debris, the first major environmental problem in outer space arising from human activities.

The Single European Act's purpose is to set up a single free trade area by the 1st of January 1993 where there would exist a freedom of movement of persons, goods, services and capital. But such a purpose requires a certain degree of harmonization in many fields, among them the economic field. First and foremost the adoption of a common policy in the sphere of transport as defined in the article 3 of the Treaty of ROME will be necessary. / Because the task was so huge and difficult, the common policy for road transport of goods encountered real problems. But the European Communities soon realised that transport was the prime issue if they wanted to succeed in the establishment of a free trade area.

Recent years have seen major developments in the way commercial civil aviation is dealt with worldwide. / As 1992, the target date for the completion of the internal market rapidly approaches, a common air transport policy is slowly taking shape in the European Economic Community. In order to allow the EEC air transport industry to adapt progressively to the new competitive environment, a two-tier liberalization process is being pursued. / The second phase of the process has already commenced. Difficulties are being faced: on the one hand, the EC Commission is firmly determined to push for further liberalization; on the other hand, however, Member States are still reluctant to give up control over the airline industry. / Whether a common Community air transport system will be attained by the end of 1992 necessarily depends upon each EEC Member State's political will to contribute effectively to the process of European integration.

The last decade has witnessed the development of a private launch industry. Under international space law, in particular the Outer Space Treaty of 1967, States shall supervise and authorize the activities of their nationals, including private launch companies, in Outer Space. In the United States, a substantial set of regulations has been elaborated to exercise this control over the activities of the private launch industry. This thesis analyzes, in a first chapter, the evolution which led to these regulations. The Commercial Space Launch Act of 1984 and the subsequent regulations issued by the Office of Commercial Space Transportation, regarding the licensing process are dealt with in the second chapter. The third chapter examines the most important practical legal issue relating to private launch services, namely liability and insurance.

Iran Air Flight 655 was terminated by two missile attack on July 3, 1988. The aim of this study is to analyze the aeronautical incident of July 3, 1988 (IR655) from the point of view of general international law and air law. Specific attention is given to the consideration of the case by the Council of ICAO, the legal coordination of civil/military flight operation and the legal status of NOTAM. / The study also comments on the concept of self-defense in international law and responsibility of state. / The conclusion outlines the scope of the decision of the Council and compares it with the Council's previous decisions.

The concept of fundamental breach plays a crucial role within the remedial system of the U.N. Convention on Contracts for the International Sale of Goods (CISG), because the remedies available to the parties to a contract of sale depend on the character of the breach. The Thesis analyzes the concept. It canvasses the different approaches employed by scholars and courts in determining fundamental breach and examines whether they can be justified by the rules of interpretation under the CISG. This examination shows that none of the approaches can be applied to all potential situations of fundamental breach and that their concurrent application is likely to produce conflicting results. This Thesis introduces a new methodology, which is based on a single concept applicable in all circumstances. Such methodology would also provide greater certainty and predictability to international sales transactions as required by the needs of the business world.