This thesis develops a potential strategy for carrying out humanitarian intervention in Syria using the legal justification and policy framework of the Responsibility to Protect (R2P) doctrine.

This dissertation examines the history of humanitarianism in international relations by tracing the relationship between moral obligation and sovereignty from the 16th century to the present. Its main argument is that moral obligations and sovereignty are mutually constitutive, in contrast to a widely held assumption in international relations scholarship that they are opposed to each other. The dissertation’s main theoretical contribution is to develop a framework, using a genealogical method of inquiry, for understanding the relationship between sovereignty and the shifting boundaries of moral obligation during the Westphalian period. This approach makes it possible to identify both elements of continuity and change in the history of humanitarianism and practices of sovereignty. The first chapter demonstrates how the extant literature on sovereignty and humanitarianism fails to adequately account for how states have participated in the construction of new moral boundaries even as they have sought to assert their own sovereignty. Chapter two lays out the dissertation’s theoretical framework, first by outlining an identity-based understanding of sovereignty in relationship to moral obligation, and then discussing the genealogical method that is used in three case studies. The following three chapters contain the dissertation’s empirical contributions, which are three historical cases that represent pivotal moments in the history of moral obligation and sovereignty. Chapter three examines the assistance offered by Elizabeth I to Huguenot refugees from 1558-1603, and relates England’s moral obligations towards Huguenots to the emergence of a sovereign English confessional state. Chapter four examines the relationship between British abolitionist arguments against slavery in the 19th century, and justifications for the extension of empire. Chapter five examines the emergence and evolution of the Responsibility to Protect (R2P) doctrine since 2001, whose advocates posit a modified conception of sovereignty that is explicitly tied to moral obligation. The concluding chapter discusses how the dissertation accounts for both the rise of humanitarianism and the persistence of sovereignty in international relations, as well as provides some reflections on areas for future research.

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The concern of this thesis is the intervention to protect nationals from the perspective of international law, which is part of a broader issue of the use of force in international relations. Although this type of intervention was already a part of the international community before the Napoleonic era - even in the 20th century it was not a minor feature - it is still controversial, and subject to many different interpretations. There are not only big differences between the opinions of particular states of the international system, but also among the international law scholars. The main goal of this Master's thesis is to answer the research question: Is the intervention to protect nationals legal according to the rules of international public law? Besides the Introduction and Conclusion this thesis is divided into four chapters. The first is devoted to the definition of the given phenomenon. It is an integral part of my thesis, because there is no legal definition of the term intervention to protect nationals or of the term intervention. The second chapter deals with the rules of use of force within international relations - above all with Article 2(4) of the UN Charter (which prohibits the use of force) and its exceptions. The interpretative controversies are also included in this chapter. The...

The thesis focuses on the responsibility to protect as a new concept of the international law designed to help the members of the international community in dealing with humanitarian crisis. Although it is quite new, it has undertaken dynamic evolution and changed its nature to a certain extent. The main aim of responsibility to protect is to ensure that when massive violations of human rights occur, the effective and proportionate response will come and will stop the violations and prevent them from appearing again in the future. First, the debate about state sovereignty and human rights protection was presented and the relevant fields of research were defined. This was followed by the examination of the humanitarian intervention as this concept focuses on issues that are common also to the concept of the responsibility to protect. However, whereas the issues are in common, the perspective is different. While the humanitarian intervention focuses mainly on states, the responsibility to protect focuses on populations striving from human rights violations. While humanitarian intervention deals with the reaction on humanitarian crisis, the responsibility to protect deals mainly with the prevention of the crisis. While the humanitarian intervention places the sovereignty and human rights protection...

Notre étude porte sur la protection des actionnaires à l’occasion de l’augmentation de capital des sociétés anonymes - étude comparée des droits français et irakien en vue d’une amélioration du droit irakien. Elle se focalise sur les risques pouvant toucher les droits pécuniaires, les droits politiques et les droits patrimoniaux des actionnaires et sur leurs traitements. Nous remarquons que la protection en droit français paraît plus avantageuse pour les actionnaires qu’en droit irakien. Nous démontrons que, même si cette protection des actionnaires dans le droit irakien comprend des points forts, elle n’est pas suffisante afin de garantir leur égalité de traitement. Cette protection peut être améliorée par le législateur irakien en s’inspirant des propositions auxquelles nous arrivons dans la conclusion générale de notre recherche. / Our study focuses on the protect shareholders during the capital increase of the joint stock companys - comparative study French and Iraqi law in order to improve Iraqi law. It focuses on the risks that may affect financial rights, political rights and the property rights of shareholders and their treatments. We note that the protect under French law seems more beneficial to shareholders that Iraqi law. We demonstrate that, although the protect of shareholders in Iraqi law includes strengths, it is not sufficient to guarantee their equal treatment. This protect can be improved by the Iraqi legislature on the basis of proposals which we reach the general conclusion of our research.

This dissertation examines the problems associated with the restrictive interpretation of Article 2(4) of the Charter of the United Nations (hereinafter referred to as UN Charter) to the threat or use of force. This restrictive approach appears no longer helpful in furthering the maintenance of international peace and security. Equally, it does not adequately protect the entire territory of States for the following two reasons. Firstly, the UN member States shelter in the first limb of Article 2(4) to engage in conducts that violate the territory of other States while claiming subservience to the provision of Article 2(4). This occurs through mere frontier incidents, covert and overt support of the activities of the non-State actors. However, the State practice shows that such conducts are always resisted by the victim State no matter how insignificant the breach might be. Secondly, the UN member States have asserted their jurisdiction in cyberspace by adopting appropriate legislation to regulate the cyberspace activities and to curb cybercrimes. To legislate is an exercise of the sovereign power which is by nature, territorial. Thus, it is difficult to equate the non-kinetic character of the cyberspace activities to physical armed attack if Article 2(4) were narrowly construed. Because of these developments, this dissertation advocates for a broad interpretation of Article 2(4), which is respect for the inviolability of State territory. The fact that State practice is repugnant to mere frontier incidents indicates that the restrictive approach is unacceptable. Moreover, Article 2(7) of the UN Charter which prohibits intervention in the internal affairs of a State supports a broad approach. This dissertation adds to the scholarly debate as to whether Article 2(4) applies in cyberspace. It answers in the affirmative if the international community accepts the broad interpretation it proposes. Otherwise, the answer would be negative given the non-kinetic nature of the cyberspace activities.

This thesis determines and examines the obstacles to Saudi women's right to work in terms of religious and cultural barriers and limited access to higher education through an analysis of Sharia sources, Saudi domestic law and international human rights treaties pertaining to Saudi women's right to work in the Kingdom of Saudi Arabia. It also delineates the provisions for women's right to work in Sharia and Saudi domestic law in the public and private sectors. The thesis also examines the reservations that the Kingdom of Saudi Arabia has entered into, and some of the international human rights treaties it has ratified, with a particular focus on the application of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). It also examines Saudi Arabia's obligations under International Labour Organization (ILO) Conventions. In the context of Saudi domestic law, it identifies obstacles that underlie Saudi Arabia's decision not to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR); it examines the arguments for the Kingdom of Saudi Arabia signing up to the ICESCR; and it examines Saudi Arabia's obligations to respect, protect and fulfil women's right to work under CEDAW. The protection of women's right to work under customary international law, by its sources will be explored. This section will look through customary international law elements; whether or not women's right to work is protected. Finally, the thesis provides recommendations for action which can be taken by the Kingdom of Saudi Arabia to provide Saudi women with equal rights to work. It also makes recommendations concerning ratified and pending international human rights treaties which have the capacity to protect Saudi women's right to work.

This thesis considers how the international response to egregious crimes can be made more consistent and effective. It focuses in particular on the Security Council as the authorising mechanism for intervention and comprehensively evaluates the proposals for its reform. It shows that contrary to several existing proposals, reform to the Security Council would not improve its authorisation of international action to address atrocity crimes. Similarly, the thesis considers proposals that seek to circumvent the authority of the Security Council but rejects their capacity to bring about a more consistent humanitarian regime. Finally, it robustly considers and argues for the use of regional organisations as alternative authorising mechanisms during mass atrocities.

HIV prevention programs in schools are acknowledged as one of the best prospects for controlling the world HIV epidemic. Epidemiological evidence indicates that deaths world-wide from AIDS are yet to peak. Although HIV notifications and AIDS deaths in the total Australian population have decreased', there has been an increase in rates in the Australian Indigenous population. There is also some evidence of complacency in HIV prevention vigilance in Australia which indicates a need for continued focus on prevention programs. The knowledge levels, attitudes toward HIV risk, and risk-taking behaviours of young Australians place them at risk of exposure to HIV. Appropriate prevention programs can be delivered to these vulnerable young people through the school setting. Programs delivered in schools have been shown to have a positive effect and teachers are vital to the delivery of these education programs. Without appropriate training, however, teachers may not optimise the outcomes of these programs. While it would be desirable for teachers to be trained in HIV prevention education in pre-service training this has not been the case in Western Australia (WA). When there is not an opportunity for pre-service training, professional development programs can be implemented to provide additional training required by teachers. Traditionally this professional development has been provided through workshops. These face-to-face delivery methods, however, do not always adequately serve the needs of all teachers, and in particular the needs of teachers in rural and remote areas. In an attempt to address the needs of these teachers, alternate methods of professional development delivery may be appropriate. The aim of this study was to test an alternate method of delivery. / The study designed, disseminated and evaluated the implementation of a flexible learning professional development program for teachers of HIV education. The program was based on print-based distance learning, supported by a video and tutors. Five objectives were developed for the study. These objectives were: Objective One - To determine factors associated with teachers' enrolment in the Protect Yourself Program (PYP). Objective Two - To determine the association between factors related to entry characteristics, social integration, external attribution, academic integration and incompatibility and amount of PYP completed. Objective Three - To determine the association between amount of PYP completed and factors related to the teaching of HIV lessons. Objective Four - To examine the context in which intervention and comparison group teachers were operating for this study. Objective Five - To evaluate the process of teacher recruitment to PYP, satisfaction with the flexible learning methodology, satisfaction with the PYP materials and completion of PYP. A comprehensive theoretical framework was constructed to guide the development of the empirical study and the professional development program, as little evidence was found in the literature of similar empirically evaluated studies. This framework incorporated: Adult Learning Theory; the Model of Student Progress; the PRECEDEPROCEED Model; the Health Promoting Schools Framework; Diffusion of Innovation and the Communication Behaviour Change Model. The study was conducted in two parts. Firstly, an exploratory study was conducted which provided a basis upon which to implement the second, larger empirical study. / A quasi-experimental study design was implemented due to restrictions placed upon the study by the WA Department of Health, the funding agency. The study sample was made up of teachers from government and independent, primary and second schools in WA. In total, 126 teachers were recruited to the intervention group and enrolled in the professional development program, and 128 to the comparison group, who completed some of the evaluation instruments, but did not participate in a professional development program. The professional development intervention program incorporated four comprehensive work modules, which were delivered in print form. A video and tutorial support supplemented the print materials. To evaluate the professional development program, seven instruments were developed. From these instruments five categories of variables were created, namely demographic, contextual, teacher characteristics, process and dependent. These variables were developed as single item variables, scales or indices. Quantitative data were analysed using the Statistical Package for the Social Sciences and a combination of univariate, bivariate, and multivariate techniques (logistic regression and analysis of covariance) were conducted. Qualitative data were analysed for themes. A binary logistic regression was conducted to evaluate Objective One: to determine factors associated with teachers’ enrolment in PYP. The analysis identified four factors which were associated with enrolment in PYP. / The teachers most likely to enrol in PYP had no pre-service training in health education and did not consider themselves to be a specialist or coordinator of health education. The majority of program participants had been teaching health education for between three and seven years and displayed a high level of acceptance of the flexible learning methodology. Objective Two: to determine the association between factors related to entry characteristics, social integration, external attribution, academic integration and incompatibility and amount of PYP completed was evaluated using a nominal logistic regression analysis with the intervention group sample only. Completion of the PYP program by participants was related to circumstances which were often beyond the control of the program, such as events occurring in a teacher’s personal life. However, teachers who showed a preference for flexible learning were found to be more successful in completing the program. The effects of PYP were measured by Objective Three: to determine the association between amount of PYP completed and factors related to the teaching of HIV lessons. Three of the six factors considered by this objective returned a significant association with program dose. Teacher perceived access to HIV education resources was found to be positively related to the dose of materials a participant completed. / Participants who completed a high dose of the program considered HIV resources to be relatively easier to access than participants completing a low dose. Teachers who completed a high dose of PYP reported being more comfortable to teach HIV lessons than teachers completing a mid dose. In addition, intervention group teachers showed a significant change in comfort with their ability to teach HIV lessons and specified HIV topics to Years 8, 9, and 10 classes and intervention group teachers of Year 8 students thought the HIV topics were less important for this level of students. The final variable to show a significant change over time when dose of the program was considered was teacher sexual conservativeness. Both high and mid dose participants reported being less sexually conservative than low or no dose participants from pre to midtest. The context of the teachers participating in the PYP study was investigated through Objective Four: to examine the context in which intervention and Comparison group teachers were operating for this study. Two factors were found to be associated with gender, six with school location and eleven with level of teaching. These associations provided important contextual information for interpreting the findings of the study. Objective Five evaluated the process of teacher recruitment to PYP, satisfaction with the flexible learning methodology, satisfaction with the PYP materials and completion of PYP. The recruitment strategies implemented for PYP were effective in having teachers from government and independent schools in WA recruited to PYP. / However, more than 90% of the intervention group were from government schools. Schools encouraged more than one teacher from a school to enrol, with nine primary schools, four district high schools, one community high school, one secondary college, four senior high schools and one combined independent primary and high school enrolling more than one teacher in the program. The flexible learning methodology was reported to be suitable for the needs of teachers who enrolled in PYP, as they felt comfortable with the learning methodology and appreciated the opportunity to choose when and where they completed the program. The opportunity for face-to-face contact, however, was still preferred by some teachers. The materials within the program were considered to be appropriate and useful. The writing style and activities were well received and the efforts of the tutors were welcomed by the majority of the intervention group. One third of teachers who enrolled in PYP completed at least some of the materials, but less than 10% completed the entire program. The most frequent suggestions made for increasing program completion rates were to set dates for completion of the program modules and to allow time release to complete the program. At baseline, this research showed that teachers considered it important for their students to have access to HIV education, but many of these teachers did not feel comfortable providing HIV education for their students. / As positive effects were observed in the PYP program of impact of program dose on factors affecting the implementation of HIV education, it would appear that flexible learning professional development was a suitable alternative to face-to-face professional development. Teachers' acceptance of flexible learning professional development as an alternate methodology, however, appears to be in its infancy and will require more empirical research. Future research, study design improvements and intervention design improvements can be informed by the following recommendations. Future research Recommendation 1: There be more rigorous investigation of flexible learning as a methodology for provision of professional development for teachers of health education. Recommendation 2: The status of claiming credit for professional development toward postgraduate qualifications for teachers continue to be investigated. Recommendation 3 : Further research be undertaken to evaluate available technologies and their acceptance by teachers as a delivery method for flexible learning professional development. Study design improvements Recommendation 4: design limitations of the PYP study. Future research be designed to overcome the study Intervention design improvements Recommendation 5: The findings of the PYP study and suggestions made by PYP participants be used to improve future health education professional development programs.