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The ratification of international treaties.Camara, José Sette. January 1949 (has links)
The work begins with an etymological study of the word “ratification”, and a historical outline of the formality. It examines, next, the problem of the necessity of ratification for the validity of international agreements, with a discussion of Grotius’ traditional agency doctrine and Bynkershoek’s doctrine of the tacit ratification clause. The signature of treaties is then dealt with, particularly the question of its juridical nature. There follows a theoretical explanation of the various theories on the relationship between International Law and Municipal Law, as background for an adequate understanding of the next two problems: Ratification as related to Constitutional Law and the entry of treaties into force. Finally, consideration is given to the forms of ratification.
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The ratification of international treaties.Camara, José Sette. January 1949 (has links)
Note: Some text cut off in manuscript.
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Divorce in Ghana : an examination of woman's 'Property Rights'Atta-Boahene, Marian C.D. 10 October 1900 (has links)
Ghana has ratified international instruments that promote respect for and enjoyment of rights of
all persons including women. This includes the right of men and women of full age to marry and
found a family and its subsequent entitlement to equal rights as to marriage, during marriage
and at its dissolution.1 Article 23 of the International Covenant on Civil and Political Rights
(ICCPR)2 goes further as to place a responsibility on states to take appropriate steps to ensure
equality of rights and responsibilities of spouses as to marriage, during marriage and at its
dissolution. Article 16(c) and (h) of the Convention of the Elimination of All Forms of
Discrimination Against Women (CEDAW)3 also reiterates this and sets out in clear terms that
states must ensure the same rights for both spouses in respect of the ownership, acquisition,
management, administration, enjoyment and disposition of property, whether free of charge or
for a valuable consideration. At the regional level, Article 7(d) of the Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Women’s
Protocol)4 also provides that in case of separation or divorce, women and men shall have the
right to an equitable sharing of the joint property deriving from the marriage. Relating the above
provisions to women, it is evident that in addition to the right to marry, women have a right to
own property during marriage, and a right to access and ownership of such property on
separation or divorce and state parties are bound to ensure the protection of this right. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2010. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mrs. Seojore Biltoo of the Faculty of Law & Management, University of Mautitius, Mautitius. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM
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Implications for migrant workers rights in South Africa of ratification of the International Convention on the Protection of the Rights of all Migrant Workers and Members of the FamiliesArukwe, Chris Nwaneri January 2019 (has links)
No abstract / Mini Dissertation (MPhil)--University of Pretoria, 2019. / Centre for Human Rights / MPhil / Unrestricted
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Ratification of the twenty-sixth amendmentYowell, Anne Frazier 07 July 2010 (has links)
A general history of voting requirements, primarily minimum age requirements, was reviewed. Merits of and objections to the eighteen-year-old vote were brought out, as well as individual state action and past Congressional action to lower the voting age. However, the main emphasis of the paper concerned efforts to secure ratification of the Twenty-sixth Amendment, which provided that the minimum voting age in all elections be lowered to eighteen.
Common Cause, a nonpartisan, citizens' lobby, headquartered in Washington, D.C., was one of the principal organizations which lobbied for the passage of the Twenty-sixth Amendment. Their lobbying techniques and approach to individual states were investigated. Their campaign was successful in securing ratification of the amendment. It was also important because it was the first nationwide, state-by-state effort to lobby for ratification of a federal constitutional amendment and because of its effect on the ratification process. / Master of Arts
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The ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housingRippenaar, Shéan Jamie January 2018 (has links)
Magister Legum - LLM / Access to adequate housing is an important socio-economic right and is of central importance for the enjoyment of all rights. The right to access adequate housing is viewed as a fundamental human right and has been described in both International Law and by the South African courts as being essential to the dignity of human beings. Access to adequate housing thus plays an important part in ensuring human dignity for all persons. It is also one of the key elements needed to ensure that all persons have access to an adequate standard of living.
Access to adequate housing further plays a vital role in maintaining and improving the lives of all people as it provides both security and shelter. In modern day South Africa, access to adequate housing is held in very high regard. This is evident in the recognition it has received in the National Development Plan as two of the fourteen outcomes of the plan are to ensure that “all people are and feel safe” and “sustainable human settlements and improved quality of household life.”
The drafters of the South African Constitution recognised the importance of access to adequate housing as provision was made for the right to access adequate housing in the Final Constitution in section 26.
In considering the report submitted by South Africa, the United Nations Committee on Economic, Social and Cultural rights indicated (hereinafter referred to as the “Committee on ESCR”) the housing landscape in South Africa continues to be divided as a result of the past and that the apartheid spatial divide continues to dominate the landscape. Viljoen notes that despite numerous attempts to transform the housing regime from one which was grossly discriminatory to a welfare-orientated legal system that functions under the auspices of the rights and values entrenched in the Constitution of the Republic of South Africa the poorest households in South Africa remain subject to not only a lack of access to housing but also intolerable housing conditions. He writes further that the judicial enforcement of the right to access adequate housing is a difficult, complex and multi-layered issue with which the courts have been grappling for some time.
An examination of the housing rights jurisprudence reveals that housing rights and access to adequate housing has been one of the most fiercely contested and frequently litigated topics in the country. The jurisprudence also shows that housing is an area where much legislative, policy and infrastructure progress has been made.
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The Bane Of Liberty: Opposition To Standing Armies As The Basis Of Antifederalist ThoughtBrand, Charles 01 January 2013 (has links)
The severely neglected subject of Antifederalism is the focal point of this project. As the framing ideology opposed to the ratification of the U.S. Constitution, Antifederalism has not been treated with the same historical care as Federalism, the successful and currently operational ideology. This is both an intellectual and ethical mistake that ignores the role that Antifederalism played in procuring the Bill of Rights, and still plays in the sphere of political dissent. The de facto successors to the Revolutionary mentality, Antifederalists took it upon themselves to conclusively secure the American conception of liberty, already wrested from British hands, from a growing threat—those whom they deemed domestic imperialists. Even Thomas Jefferson, architect of the Declaration of Independence, espoused the principles behind Antifederalism, especially when confronted with those of Hamiltonian Federalism. Moreover, Jefferson’s Revolution of 1800, which gave rise to the Democratic-Republicans, consisted of many former Antifederalists. While wholly relevant and increasingly indispensible, the few studies that do examine Antifederalism fall short of finding or acknowledging its lasting significance, owing to supposed internal dissension, socioeconomic in nature. However, Antifederalists featured ideological unanimity in at least one area: opposition to standing armies. This opposition is evident in both the theoretical (why they were against standing armies) and practical (what to do about it) areas. The imperial legacy of hostility, a historical and lived experience for Americans of the time, drove Antifederalists to make their objections to ratification obvious, of which the standing army issue played the most elemental part. Informed and inspired by this lengthy history of distrust for military forces maintained in time of peace, which included their own Revolution, Antifederalists sought to safeguard their liberties from future encroachments, for future generations. By arguing iii that Antifederalists, regardless of region or class, objected to standing armies, this thesis seeks to elevate Antifederalism to its rightful place in the contexts of political history and the encompassing American tale.
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En studie om miljöklassningssystemet CEEQUAL : Civil Engineering Environmental Quality Assessment and Award Scheme / A study on the environmental classification system CEEQUAL : Civil Engineering Environmental Quality Assessment and Award SchemeEl Masry, Seham, Hoang, My Ngoc January 2014 (has links)
Syftet med examensarbetet är att främja den hållbara utvecklingen i anläggningssektorn. Målet med rapporten är att visa hur miljöklassningssystemet CEEQUAL kan förbättras samt hur användningen kan främja hållbar utveckling i mark och anläggningsprojekt i Sverige. CEEQUAL är ett miljöklassningssystem inom infrastruktur och anläggning som har utvecklats i Storbritannien av Institution of Civil Engineers. I examensarbetet har följande frågeställningar undersökts: Hur fungerar CEEQUAL i praktiken? Vad är den svenska erfarenheten från användningen av CEEQUAL? Hur kan anläggningssektorn förbättra miljö/hållbarhetsarbetet genom miljöklassning med CEEQUAL? Hur kan man förbättra miljöklassningssystemet CEEQUAL? Frågorna har besvarats genom metoderna litteraturstudie och dokumentanalys men även genom intervjuer med olika aktörer inom anläggningsbranschen. Denna rapport innehåller en kort sammanfattning av vad hållbar utveckling betyder och en fördjupning inom miljöklasscertifieringssystemet CEEQUAL samt dess användning inom anläggnings- och infrastrukturprojekt. En jämförelse mellan CEEQUAL, de 16 nationella miljömålen och Kretsloppsrådets mål har också utförts för att se om de behandlar samma miljöområden. En certifiering sker i flera olika steg. En certifiering genomförs av en utbildad assessor som bedömer och ger poäng på svaren av frågorna som återfinns i CEEQUAL:s manual. Betyget beror på hur väl projektet uppfyllt de krav som CEEQUAL efterfrågar. Det kontrolleras sedan av en oberoende granskare och godkänns till sist av CEEQUAL som ger ett slutbetyg. Certifieringssystemet CEEQUAL har både har för- och nackdelar. En av de största nackdelarna är det inte finns någon svenskanpassad version. Frågorna i manualen är på engelska och svårtolkade vilket leder till att det tar tid att förstå dem samt att det med tiden ökar risken till att CEEQUAL tappar sin trovärdighet. TGOJ-porten (TGOJ står för Trafikaktiebolaget Grängesberg-Oxelösunds Järnvägar) är ett anläggningsprojekt där syftet var att byta ut en järnvägsbro till en betongbro som gjuts i krossmaterial. Resultatet visar att de stora förbättringsåtgärderna som exempelvis återanvändning av material samt inköp av krossmaterial var redan identifierade innan CEEQUAL beslutades att användas. / The purpose of this work is to promote sustainable development in the construction sector. The goal of this rapport is to show how environmental classification system CEEQUAL can be improved and how their use may promote the sustainable development of land and construction projects in Sweden. CEEQUAL is an environmental classification system for infrastructure that has been developed in the UK by the Institution of Civil Engineers. The following questions were investigated in the thesis: How does CEEQUAL work in practice? What is the Swedish experience from the use of CEEQUAL? How can the contruction sector improve the environmental work through an environmental classification with CEEQUAL? How can the environmental classification system CEEQUAL be improved? The questions were answered by the methods literature studies and document analysis but also interviews with various actors in the construction market. This report contains a brief summary of what sustainable development means, a specialization in environmental classification system CEEQUAL and its use in the construction and infrastructure projects. A comparison between CEEQUAL, the sixteen environmental quality objectives and The Ecocycle Council objectives has also been done to see to see if they deal with similar environmental areas. A certification is done in several steps. The certification is carried out by a trained assessor who assesses and gives points for the answers of the questions found in CEEQUAL's manual. The score depends on how well the project met the requirements that CEEQUAL demand. It is then checked by an independent verifier and approved finally by CEEQUAL giving a final grade. The certification system CEEQUAL have both advantages and disadvantages. One of the main disadvantages is that there is no Swedish adapted version. The questions in the manual are in English and difficult to interpret which leads to that it takes time to understand them and also that it over time increases the risk that CEEQUAL loses its trustworthiness. TGOJ-port (TGOJ stands for Trafikaktiebolaget Grängesberg-Oxelösunds Järnvägar) is a construction project where the aim was to replace a railway bridge to a concrete casted in crushed aggregate. The results shows that the major improvement measures such as recycling of materials and the purchase of aggregate materials were already identified before CEEQUAL was decided to be used.
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The US Constitution: Creation, Debate, and RatificationMayo-Bobee, Dinah 21 January 2015 (has links)
No description available.
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Examining the Risks of Joining the International Criminal Court and Ways to Increase RatificationLi, Chenyu 01 January 2019 (has links)
The International Criminal Court (ICC) is a permanent court created by the Rome Statute to prosecute persons for the most grievous crimes of human rights: war crimes, genocide, and crimes against humanity. Based on the very idea that the protection of a set of universal human rights is the responsibility of the international community as a whole, the ICC today, however, finds itself uncertain about its future. Most notably, a number of non-signatory states, including traditionally major players in international politics such as the United States, China, and India, have been adamant against joining the Court because of their perception of potential indictment. When the leaders of these states seek to predict the possibility of an indictment, they have reason to believe that the current criteria for indictment used by the ICC judges are likely to lead to a situation in which national judicial independence and personal security of high-profile officials and other state actors including soldiers are unreasonably challenged.
This thesis argues that, while some criteria used by the ICC judges can be inferred from previous judgements, these criteria do not constitute the sum total of the criteria for decision-making in the ICC and thus do not form an essential incentive for major outliers to join the Court. This thesis offers three solutions, focusing on the refinement of the Rome Statute, structural changes to the Court, and the elimination of the crime of aggression from the Statute.
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