Currently available political theories all fail to explain the nature or justification of territorial claims. My dissertation fills these gaps. In chapter one I distinguish between property and territory, explaining the inapplicability of property theories to territorial claims. Chapter two raises a challenge to egalitarian and cosmopolitan theories of global justice. The central claim of the chapter is that local democracy is an essential part of global justice, but that cosmopolitan theories cannot give due weight to local democracy. In addition, cosmopolitan theories are not entitled to the conception of equality or distributive justice to which they appeal; their failure in this respect is due to their failure to consider the distribution of land, which scuttles comparability and, with it cosmopolitan distribution principles. In contrast, there is good reason to think that a turn toward effective localized governance would promote democracy and the quality of life of all people. Chapters three, four, and five constitute the core of the dissertation. Chapter three isolates the particular sort of claim I hope to elucidate: prima facie primary rights to territory. Chapter three also defines what I call the "problem of relevance": the problem of finding political principles that could even speak to the issue of connecting peoples to places. Such principles are not forthcoming from mainstream political philosophy. Chapter four solves this problem with a geographically influenced conception of cultures. Chapter five defends the value of cultures so conceived, by arguing that stable cultural membership is an important component of individual freedom, and so merits protection and promotion through political and economic institutions. Finally, chapter six aims to situate the theory of prima facie primary rights to territory within the context of an "internationalist" theory of global justice. Such a theory takes from cosmopolitan theories a sophistication about global institutions and their effects on distributive schemes and power relations. But the theory also takes from culture-based theories an appreciation for the value of communal life and local, grassroots control of the institutions under which we live.

The legal control of nuclear power sources (NPS) regulates the use of an advanced technology necessary for the exploration of outer space but which nevertheless presents potential hazards. The legal control of the use of NPS results from international space conventions and, since 1992, from the Principles Relevant to the Use of NPS and established preventive and emergency measures, and a liability and compensation regime. Several areas call for improvement to increase efficiency and comprehensiveness of the control. Proposals for revision encompass reinforcing the 1992 Principles (scope, applicability, binding force etc.). Other proposals want to integrate to the existing regime the principles elaborated for terrestrial applications of nuclear energy. It is also broadly recognized that an efficient control must take into consideration the space debris issue. Modalities of the revisions proposed as well as their potential framework vary as opinions differ as to the extend of the revision to be conducted.

This thesis analyses the international legal protection of the world built heritage. It points out the democratic and cultural values of the architectural patrimony as a source of knowledge, self-identification, social and historical continuity of peoples, and as a source of common enrichment of mankind. It examines the extent to which this cultural heritage relates to natural and human environments, and reasserts the need to prevent monuments or any of their original fabrics from removal for the illicit trade of artefacts worldwide. It argues in favour of the continued commitment of sovereign States and of international society as a whole in order to preserve the cultural rights of present and future generations as stated in the Conventions and Recommendations of the United Nations Organisation for Education, Science and Culture. It emphasizes the interest to implement the international law of architectural conservation in peacetime and wartime and to improve means of cooperation and emergency assistance for the safeguard of the common heritage. For the integration of the legal instruments of conservation and their formal recognition by governments, with the help of professional experts in several international organisations, provide the actual basis for an increasing number of conservation programs in different regions of the world. A further significant territorial development of thee law of architectural conservation is the involvement of local communities in the preservation and management of cultural sites and buildings, as participatory and decentralized means of conservation strongly impact on the social development of people and their political organisation.

Following slavery, capital punishment is slowly finding its way toward abolition. This trend is manifested both in international criminal law norms and international human rights norms. / In the international criminal law field, capital punishment, accepted under the Nuremberg and Tokyo Charters, was rejected half a century later in the Statute of the International Tribunal for Former Yugoslavia, then in the Statute of the International Tribunal for Rwanda, and most recently in the Rome Statute. / Parallel to developments in the international criminal law field, a similar evolution was experienced in the area of international human rights. The trend towards abolition in the human rights field began with the restriction of the death penalty application to a certain group of people and crimes. However, a European human rights instrument, Protocol No. 6 to the ECHR, shifted the trend from restriction to abolition of the death penalty. / For the abolitionist cause to succeed, the abolitionist trend should be accepted by retentionist countries such as the US and the Islamic states of the Middle East and Africa. (Abstract shortened by UMI.)

The invention of the airship and subsequently, at the beginning of the last century, of the airplane made legislators think about comprehensive legal regulation of navigation in airspace. The scope of the first laws and international treaties was limited to the regulation of navigation performed by a vehicle deriving its support in the air from reactions against the air, either aerostatic or aerodynamic. As technical developments have advanced, new vehicles capable of navigating in airspace have been invented using different principles of support in the air. Due to their different support in the air, they fail to comply with the definition of aircraft in its present wording, as set forth in the regulatory system of the Chicago Convention, the only multilateral international treaty dealing with basic aspects of navigation in airspace. / Generally, there are at present three categories of vehicles capable of navigating in airspace---non-aircraft, state aircraft, and civil aircraft. Consequently, there are three legal frameworks---a legal trichotomy---to apply for navigation in the air. An analysis of this trichotomy and its impact on the safety of navigation is the objective of this thesis. (Abstract shortened by UMI.)

This paper examines the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) on domestic control. The paper explains why intellectual property became part of the global trade agenda. The author considers arguments both for and against stronger global protection for intellectual property rights. Through analysis of the World Trade Organization (WTO) cases on the TRIPS Agreement, the author argues that the TRIPS Agreement has effectively removed from WTO Member states control over their intellectual property regimes. The author focuses on the negative impact that a rigid application of the TRIPS Agreement is likely to have on developing countries.

This thesis addresses the relationship between the GATT/WTO and environmental protection, particularly the relevance of its principles to trade-related environmental measures (TREMs). / Environmentalists generally believe that the GATT/WTO is not relevant to TREMs, arguing that the GATT does not have the mandate to deal with environmental issues. In addition, environmentalists believe that the GATT rules on non-discrimination and "like products" could act as barriers for individual countries attempting to adopt TREMs. The prohibition against creating "trade barriers" could result in the same barriers. Economists, on the other hand, generally believe that the GATT/WTO is relevant to TREMs. They argue that nothing in the GATT/WTO prohibits individual countries from adopting TREMs provided that the measures are primarily designed to achieve environmental objectives and are adopted in a legitimate manner. They also contend that the GATT does not prohibit individual countries from employing TREMs when they deal with a "product" standards. / This thesis examines relevant GATT/WTO principles and cases, studies and observations made by experts on the issue of trade and environmental protection. The examination confirms the relevance of many GATT/WTO principles to TREMs, which give individual countries the flexibility to adopt TREMs. This thesis also confirms the need for new interpretations and rules to make the existing principles more relevant to TREMs. It would suffice to reinterpret and to develop several new rules.

From an economic perspective, globalization is dismantling national barriers to entry and is transforming domestic markets into a global market. To meet the challenges posed by the integration of markets, corporations are joining forces with their former competitors to expand their presence in the global market. Rapid growth in transnational mergers to create global corporations is one of the key features of globalization. As multinational corporations are uniting, so should antitrust agencies that regulate them. / Antitrust agencies around the world are realizing that the consumers whom they are mandated to protect are being adversely affected by decisions made beyond their national borders. By using the "effects" test, countries bring within their jurisdiction review of any merger or acquisition involving foreign companies with significant revenue or assets within their jurisdiction. / The proliferation of merger control laws, in the absence of a mechanism to coordinate the transnational merger review, places an unnecessary burden on merging parties, and runs the risk of divergent outcomes, which at times cause friction among nation-states. / Both to alleviate unnecessary burdens imposed on corporations and to reduce inefficiencies produced by the disparate review of a single transnational merger by several countries, this thesis proposes an International Merger Control Regime integrated into the WTO. The proposal focuses on ways to operationalize a "Lead Jurisdiction" model of oversight rather than on the creation of a new supranational decision-making agency. WTO dispute settlement and arbitration would be used to resolve conflicts arising out of the inability of a Lead Jurisdiction to arrive at an outcome satisfactory to other significantly affected jurisdictions.

The thesis reviews the 50 year history of the GATT/WTO trading system in order to assess how far the system has achieved the goals and objectives of its principal founders, with a view to recommending proposals for completing the same in the context of the next major round of WTO negotiations. Emphasis is laid throughout the work on actions which need to be taken to ensure that the world trade system has a set of integrated rules which address the realities of increasing international economic interdependence. The conclusion of this work incorporates various steps that can be taken towards achieving this objective. / A principal thesis of this work is that the actual achievements of the GATT/WTO system are less than those intended by Cordell Hull, the principal founder of what became the initial GATT arrangements, and, accordingly, a series of proposals are advanced to complete Hull's original vision. Most significantly, important elements of the failed Havana Charter, which was to establish the International Trade Organization (ITO), have yet to be incorporated into present GATT/WTO disciplines. In particular, the Havana Charter included provisions dealing with investment and private restraints on trade, which are now indispensable, as contemporary restrictions on the ability to truly contest international markets originate more from the internal structuring of domestic markets, rather than from border measures. This reality has been recognized in regional trading arrangements, and, accordingly, an examination of the principal non-multilateral trading systems is made in this respect, particularly the European Union, and the NAFTA. Based on a review of the need for the same, this work proposes new WTO disciplines for investment and competition policy, as well as a series of proposals to facilitate regulatory reform in services, the area in which they are most needed. Finally, a series of proposals are made to restructure the basic WTO agreements to remove inconsistencies which have evolved in the last 50 yews, and to facilitate truly effective P. market access, i.e. the ability to actually contest international markets. Collectively, these proposals are fundamental prerequisites to the orderly operation of the contemporary world trading system.

There is little doubt that the current Warsaw System should be modified, mainly because the compensation limit is too low. The most trenchant problem has been to maintain the concept of uniformity while different economic conditions have become increasingly the order of the day and to cope with the increasing disparity between industrialized and developing nations. Overview of the problems of the current system is made, using the KAL flight 007 case. / This thesis explores the relationship between passengers and air carriers, which should be interpreted as a common interest. It also examines the term "unlimited" which, frequently, leads to confusion. Even though the purpose of "willful misconduct" is to provide higher compensation for the passenger, it would be better to interpret it as "no-limit" so as not to confuse it with unlimited liability (full-compensation). / The present thesis next explores unlimited liability (full-compensation) as being unrealistic in practice in the international community. The rationale of Montreal Protocols No. 3 and No. 4 and their opponents' opinions are also examined. / In conclusion, we will propose that the Montreal Protocols No. 3 and No. 4 are an acceptable solution to modernize the Warsaw System.