The growth in the use of collective and unilateral economic sanctions in the post-Cold-War epoch calls for a re-examination of the legal basis and constraints on the implementation of sanctions. This thesis is an attempt to explore, from a legal point of view, the problems and restrictions associated with sanctions, and suggest ways in which economic sanctions can be rendered more legitimate in terms of international legal requirements. / Unilateral and collective economic sanctions are based on different legal premises: the traditional theory of retaliation and treaty principles respectively. It will be argued that a breach of an erga omnes obligation is also a legitimate legal basis for economic sanctions. / Key cases in which sanctions have been used will be reviewed and it will be contended that, in addition to traditional economic considerations, sanctions should be subject to other limitations such as respect for principles of international humanitarian law. Issues regarding the legitimacy of the Security Council's actions and authority will also be addressed and possible ways of controlling the actions of the Security Council will be put forth. / After determining the restrictions on implementation of sanctions, proposals for refining current practices of imposing economic sanctions are submitted. In conclusion, it is submitted that unilateral sanctions are subject to serious legal constraints and that collective sanctions have the potential of being used in a more humane and institutionally coherent way.

Thèse--Universit́e de Paris, Faculté de droit. / "Bibliographie": p. [224]-226.

No description available.

University of Macau / Faculty of Social Sciences and Humanities / Department of Government and Public Administration

Thesis (doctoral)--Université de Genève.

In 1919 Canada became a member of the League of Nations. In so doing she accepted the obligation to support the maintenance of peace by the collective measures defined in the League Covenant. This included the preservation of the territorial integrity and political independence of every League member against external aggression by the application of financial, economic and, if necessary, military measures. These sanctions were outlined in Article 10 and Article 16 of the Covenant. Canada accepted these obligations with mixed feelings. Some elements in the Dominion opposed from the beginning the assumption of any external obligations. Others considered the enhancement of the nation's international status as outweighing the burden of sanctions. Very few were of the opinion that it was to Canada's advantage to play an active role in the League and do all in her power to preserve peace by joining in collective measures against an aggressor. As time passed both government policy and public opinion became more hostile towards Canadian commitments to the League. From the Paris Peace Conference of 1919 to the Fourth Assembly in 1922 Conservatives and Liberals alike attempted to remove or dilute the irksome obligations. Canada initiated an attack on Article 10 and supported the movement for the weakening of Article 16. The effect on Canada of the abstention of the United States was immediate and profound. The period between the wars was marked by an ever increasing intimacy in the relations between the two states. Every Canadian government closely watched the prevailing attitude in the United States and supported any action by the League which might facilitate the entry of the United States. In addition, Canada's position on the continent of North America was used as an excuse for a negative role in the League. The government of Canada refused to accept the draft treaties or the Geneva Protocol for it was believed that these schemes increased the obligation to participate in collective measures. The Pact of Paris, on the other hand, was accepted with some enthusiasm. It contained no specific obligations and was endorsed by the United States. The economic depression, the failure of collective security and the breakdown of the League of Nations, and the rise of armed dictatorships increased the isolationist sentiment in Canada. By the end of 1935 the great majority of Canadians were inclined to favor a North American policy of aloofness towards Europe and the League. Their natural sympathies lay with the isolationism of the United States. Throughout the period from 1919 to 1926, from the birth to the death of the League of Nations, Canada's policy towards League sanctions was one of negation. This policy was subscribed to by every Canadian government and was supported by the Canadian people. This paper surveys the more prominent features and outstanding incidents of Canadian policy and opinion with regard to League sanctions. / Arts, Faculty of / History, Department of / Graduate

Inaug.-diss.--Würzburg. / Lebenslauf. "Literaturverzeichnis": p. 6-7.

Thèse--Univ. de Genève. / Bibliography: p. [245]-251.

Thesis (L.L.M. (Faculty of Law))--University of the Western Cape, 2008. / Includes bibliographical references (leaves 149-166)

In this technological age the distribution of information happens faster and easier than ever before. This ease of transfer of information brings challenges for international intellectual property rights protection. It addresses reasons governments work to increase enforcement and reasons governments do not comply with enforcement protocols. It assesses the pressure international agreements and incentives exert on governments to produce compliance. This paper evaluates 76 countries in three non-consecutive years on their level of enforcement. It includes a discussion of contributing factors to government choice in interaction and enforcement. The question of enforcement incentives is addressed both across time and across countries. / Department of Political Science