蔡俊威. / "2013年9月". / "2013 nian 9 yue". / Thesis (M.Phil.)--Chinese University of Hong Kong, 2013. / Includes bibliographical references (leaves 131-148). / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstract in Chinese and English. / Cai Junwei.

published_or_final_version / Law / Doctoral / Doctor of Philosophy

This dissertation investigates factors that predict compliance with international regimes, specifically the Non-Proliferation Regime. Generally accepted in international relations literature, is Krasner’s (1983) definition that regimes are “sets of implicit or explicit principles, norms, rules, and decision-making procedures around which actor expectations converge in a given [issue] area of international relations.” Using institutionalization as a framework, I hypothesize that compliance is a function of the respect for which a nation has for the rule of law. I investigate the NP regime through the lens of United Nations Security Council Resolution 1540, a mandate for member nations to enact domestic legislation criminalizing the proliferation of Weapons of Mass Destruction. Using NP regime compliance and implementation of UNSCR 1540’s mandates as dependent variables, I test the hypotheses with the following independent variables: rule of law, political competition, and regional compliance. I also present qualitative case studies on Argentina, South Africa, and Malaysia. The quantitative results of these analyses indicated a strong relationship between rule of law and regional compliance and a nation’s compliance with the overall NP regime and implementation of UNSCR 1540. These results indicate a nation will institutionalize the NP norms, and comply with the specifics of implementation. The results of in-depth analysis of Argentina, South Africa, and Malaysia showed that predicting an individual nation’s compliance is more complex than descriptions of government capacity or geography. Argentina and South Africa, expected by the hypotheses to exhibit low to medium compliance and implementation, scored high and well above their region for both measures. Malaysia, expected to score high in compliance, scored low. Findings thus reveal that rule of law is probably less influential on individual cases and regional compliance and cooperation better predictors of a nation’s compliance with a security regime.

Thesis advisor: Robert G. Murphy / Rule of law has recently emerged as a possible solution for the promotion of functioning market economies and economic growth in developing countries. It has been argued that an established legal system provides individuals with a clear understanding of the law and consequently, should be more influential on the behavior and decisions of those individuals. This study explores the effects of an established rule of law environment on the relationship between foreign direct investment and economic growth. Several previous studies have analyzed the direct relationship between foreign investment and economic growth. However, none of these studies control for varying levels of legal incentives and property protection. Established legal institutions provide the type of stability that makes investment in a given country more attractive to foreign companies. I also test whether the combination of rule of law and FDI affect the estimated rate of GDP growth. The combination of these two effects would imply that FDI is more likely to create positive economic growth when applied to an economy with established legal institutions. Although the analysis does not fully support the effect of this rule of law—FDI interaction on growth, my analysis does suggest that FDI inflows are most efficient at promoting growth in countries with less legal development. / Thesis (BA) — Boston College, 2008. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: Economics. / Discipline: College Honors Program. / Discipline: Economics Honors Program.

Thesis advisor: Jennie Purnell / Thesis advisor: Gerald Easter / This thesis seeks to explore how drug cartels achieved de facto sovereign control over the favelas of Rio de Janeiro between 2000 and 2010, effectively preventing the Brazilian state from guaranteeing the rule of law uniformly throughout national territory. It also investigates the extent to which Brazilian citizens have suffered human rights abuses as a result. Drawing on both primary and secondary evidence, I argue that drug cartels gained sovereignty over these enclaves as a combined result of state weakness and cartel strength. The Brazilian state forfeited these territories a century ago, because it was infrastructurally weak to such an extent that it was unable to systematically penetrate them in order to monopolize violence, enforce laws, and provide public services. The cartels, in turn, exploited the favelas as ideal locations for the transport, repackaging, and sale of drugs. Benefiting from the profits of illicit activities, the gangs transformed into well-armed, bellicose organizations that maintained authority over the communities by performing state-like duties. In due course, organized crime amassed sufficient control over the favelas to thwart most state encroachments. Examining the exceptions, I found that the limited police encroachments were largely rights abusive--save those made by the Pacifying Police Units. State weakness and cartel strength have disjointed the rule of law and undermined democracy in Brazil. / Thesis (MA) — Boston College, 2013. / Submitted to: Boston College. Graduate School of Arts and Sciences. / Discipline: Political Science.

<p>A non-corrupt judiciary is a fundamental condition for the endorsement of rule of law and the ability to guarantee basic human rights in society. The judiciary must therefore be an independent and fair body that fights corruption, not the other way around. This essay systematizes different binding and non-binding international, and to some extent regional, norms and standards regarding corruption in the judiciary and judicial independence, and presents potential factors and effects of judicial corruption, through an inventory of documents recognized by organizations such as the United Nations and the Council of Europe. Further, the essay presents different anti-corruption strategies and the dilemma of implementing such strategies with regard to judicial independence. The advantages and disadvantages of different anti-corruption strategies are reviewed through the study of some successful and unsuccessful examples.</p><p>There are several definitions of corruption, this essay emanates from the definition of ‘abuse of office for personal or private gain’, a definition that is wide but yet well recognized. The factors of judicial corruption are many and often overlapping, but they vary from state to state and must hence be analyzed individually to find the factual reasons for what generates corruption. The effects are detrimental and break down the very core of rule of law and corrupt judges neglect fundamental principles such as equality, impartiality, propriety and integrity. With regard to the different factors and effects, the norms and standards, and the anti-corruption strategies, a discussion follows about how to rid the judiciary from corruption with preservation of the respect of judicial independence. The discussion also raises the predicament that malpractice of various fundamental principles e.g. judicial independence can occur and further distort unhealthy judiciaries. The main conclusion regarding anti-corruption strategies is that they must be carefully weighed against the principle of independence.</p>

A special role amongst various efforts to combat transnational criminal activity belongs to extradition, which has transformed into a form of international cooperation and became an indispensable tool for ensuring criminal responsibility in any part of the world. However, for a long period of time, an individual in the process of extradition has been treated as a passive object of intergovernmental relations which have a significant political component. In this thesis, the claim is that treatment of an individual as a rights bearer and an active subject of legal relationships among other parties of the process, combined with transfer of final decision-making right from the executive to judiciary branch of power, is capable to enable application of the Rule of law principles to particular extradition cases, limit broad discretion of decision makers and minimize political component of extradition.

A special role amongst various efforts to combat transnational criminal activity belongs to extradition, which has transformed into a form of international cooperation and became an indispensable tool for ensuring criminal responsibility in any part of the world. However, for a long period of time, an individual in the process of extradition has been treated as a passive object of intergovernmental relations which have a significant political component. In this thesis, the claim is that treatment of an individual as a rights bearer and an active subject of legal relationships among other parties of the process, combined with transfer of final decision-making right from the executive to judiciary branch of power, is capable to enable application of the Rule of law principles to particular extradition cases, limit broad discretion of decision makers and minimize political component of extradition.

This dissertation is mainly anchored in police administrative neutrality. First of all, according to political literature, it analyzes the role of the police when they execute the governance power in a state. Secondly, from police science literature, it explores the reasons the police involve with politics. Thirdly, based on legislative procedure, it analyzes the different opinions a government and legislature have regarding to ¡§civil service administrative neutrality.¡¨ This dissertation also, according to the study of administrative neutrality from foreign administrative law and professors, seeks the criterion of police administrative neutrality. Finally, throughout the previous media reports, it sorts out the police administrative bias and turns it into study material and judgmental source for this thesis. The author discovers three steps to examine police administrative neutrality, and delivers a case study: mass media expose police administrative bias during the police enforcement tasks of the 11th presidential election. 1. Rule of law: to analyze if the police achieves tasks based on law, and due process of law or standard operating procedures. 2. Execution Neutrality: to analyze if administrative discretion is proper and impartial according to administrative principles. 3. Administration Neutrality: to analyze if politics interferes with police duties. If this occurs, it may result in a partial administration. The police symbolize the governance power of a state, and play different roles as government changes. In an authoritarian state, the police are a tool to suppress people against the ruler; in a democratic state, police authority is restricted to a certain level. Lately, political environment and political party change has become normal. The police ought to acknowledge a truth; governments change but administrations remain. To strengthen democratic functions as the police performs duties, they should prioritize public interest, follow rule of law, adopt political policies, assure legality of human rights, maintain equality of political parties, and present the appropriate assistance to people in the specialization area of public order maintenance.

This research is to discuss the Chinese pre-Qin legalist school, Shang Yang's political thought. First, the purposes of the research are as follows: 1.To understand the background of Shang Yang¡¦s political thought and analyze the foundation of his political thought. 2.To discover the principles of Shang Yang¡¦s political thought. 3.From the principles of Shang Yang¡¦s political thought, analyze his political objectives. 4.To analyze Shang Yang¡¦s actual policies of agriculture and fight. 5.To sum up this research results to comment on Shang Yang's political thought. Therefore, based on the purposes of the research, the principles of Shang Yang¡¦s political thought is rule by law, attempt to achieve the powerful nation. The concrete method is the policies of the agriculture and fight. So, the following are the results of the analysis of this research: 1.Shang Yang advocates ¡¥rule by law.¡¦ 2.Shang Yang promotes anti-wisdom. 3.Shang Yang advocates despotism. 4.Shang Yang contends that clear reward and hard punishment can make the monarch rule smoothly. 5.Shang Yang proposes that the monarch rules by the system, rather than by man.