Many nations, except the United States, have long regulated non-scheduled air services under their bilateral air transport agreements. Though inconstant and largely superficial, this regulation has served to alleviate the constrictive effects of multifarious laws and regulations, enacted to keep charter expansion in check. / The (mainly) unilateral, diverse legal regimes charters have had to face have not stopped their growth. The late 1960s saw their worth: inter alia, their low fares facilitated tourism, filled empty aircraft seats, and injected some competition into a highly regulated industry. / The Americans then realised that, absent the legal uncertainty that continuously plagued charters, and fueled by free-enterprise concepts, non-scheduled US carriers, to their benefit, could move substantial national traffic. Legal certainty and competition, assured by bilateral treaties, led the United States to begin substantial bilateral regulation of charter services. / This evolution of non-scheduled air services, through bilateralism, is traced in this thesis.

In order to receive full compensation for damage caused during air transportation, plaintiffs try to get around the liability limitations of the Warsaw regime, inter alia, by alleging willful misconduct on the part of the carrier or its agents and servants under Article 25 of the Warsaw and Hague Conventions. On their part, carriers have an interest in limiting their potential liability under the said regime, and in avoiding any possibility of breaking the stipulated monetary limitation. Consequently, the said provisions are litigated frequently without, however, bringing uniform results in different jurisdictions of the world. / This thesis makes a study of the application and interpretation of the willful misconduct exception (Article 25) of the original Warsaw Convention as well as its subsequent amendments. The study reviews the treatment accorded to the relevant provisions in different common and civil law jurisdictions. Further, the problem is examined from the point of view of Muhammadan Islamic jurisprudence. This paper also traces the legislative history of the relevant provisions of the original treaty and its subsequent amendments. / The final chapter of the thesis assesses the possibility of a "new" consolidated regime for international air carriage and concludes that at present Montreal Protocols Nos. 3 and 4 may be allowed to work.

The thesis is mainly on EEC regulation of cabotage. Cabotage is carriage of passengers or goods within the territory of one State by a carrier from another State. / The thesis describes the EEC regulation of air, maritime and road transport and the positions of the different Member States. One of the aims of the thesis is to examine whether a common EEC transport policy already now--before the conclusion of the Internal Market in 1992--is in existence. The thesis also examines whether the three transport modes are so different that it is impossible to talk about a multi-modal EEC cabotage policy. / The emphasis of the thesis is on air transport, especially air cabotage and the EEC Member States' international treaty obligations, and the EEC-North America relationship.

The laws and regulations governing certification of aviation personnel constitute one of the essential elements of aviation legislation. They have a significant effect upon the global safety of the civil air transportation system. / This dissertation aims at describing the existing regulations in the field of pilot licensing. Its scope is narrowed down to the highest category of licence applicable to professional pilots and known as the airline transport pilot licence. The thesis depicts and analyses the process of creation and the contents of licensing standards and recommended practices as developed by various ICAO bodies and incorporated in Annex 1 to the Chicago Convention. / The survey of pilot licensing system currently in force in Canada provides the example of domestic legislation applicable in this respect. It is performed with the aim of exploring the compatibility of Canadian law with the global legal requirements as prescribed in Annex 1 and other supporting ICAO documentation.

In recent decades, hazardous waste generation has increased in industrialized countries, and disposal facilities, especially landfill spaces, have become scarce and therefore more expensive. As a result, exports of hazardous waste to developing countries, especially to Africa grew considerably due to low cost of "disposal". African countries lack the legal and industrial set-ups and technical capacity to dispose of the waste safely. / In an attempt to control such exports, African countries adopted the Bamako Convention in January, 1991. The Convention was modelled on the Basel Convention, an instrument adopted earlier on the same subject, but at a global level. Except with respect to certain issues like clean production methods, non-polluting technology and inter-African trade in hazardous waste, the Bamako and Basel Conventions are identical and contain similar shortcomings. / On account of Africa's reality, however, the Bamako Convention should have approached the problem of transboundary movements of hazardous waste within the context of a comprehensive legal, economic, political, ethical and environmental strategy. Reliance on people's participation, regional environmental assessment and co-operation with industrialized countries should have been emphasised. Furthermore, African countries should have sought solutions at global, regional and national levels.

Since 1991, the Israeli-Palestinian drama has shifted from the tragic course of war and violence, to a framework for peace. Israel's sovereignty is a fait accompli. The geo-political form of Palestinian self-determination is to be shaped by both parties, taking into account regional reality and international law. / This study serves as a modest examination of the application of certain international law concepts in settling two conflicting national aspirations within a unique factual context. / The main theoretical definitions of self-determination and its legal status in international law are first reviewed, along with the socio-juridical aspect of nationhood. The analysis of those topics constitutes a starting point for discussing basic Palestinian legal arguments related to Israel's right to exist, as well as to the scope of Palestinian national entity. / The abandonment of "armed struggle" as a legitimate course of action, and of Palestinian legal claims justifying a hostile policy against Israel, are necessary pre-conditions for co-existence, in which each nation determines its political fate. / Another vital element for the realization of such a modus vivendi is the development of a relationship built on trust. A restrained application of Palestinian self-determination might be necessary in the interim. The complete expression of Palestinian free will is, for many, still a utopian idea. Its achievement is largely dependant upon the negation of Palestinian legal claims which are aimed at the invalidation of Israel as a legitimate, sovereign state.

<p>This thesis addresses the role of geopolitical interests in the voting record of the UNSC (UNSC) in authorizing action, specifically humanitarian intervention, in the cases of genocide in Rwanda and Sudan. The classic theories of international relations, realism and liberalism, are applied to determine which theory has higher explanatory power in determining the level of involvement and humanitarian intervention by the UNSC in these specific cases. Realist assumptions would expect that the possible economic or strategic interests of states within the Council would influence the level of involvement or humanitarian intervention authorized. In contrast, liberalist notions would expect that the level of conflict severity or duration would determine the level of involvement or humanitarian intervention authorized. This thesis finds that the economic and strategic interests of the members of the UNSC can serve as a better indicator in determining the level of intervention authorized in these cases. Thus, realist theory holds higher explanatory power of the UNSC reactions to the cases of Rwanda and Sudan. </p>

<p>Over the past two decades, a substantial literature has focused on the geopolitics of strategically located Central Asian energy supplies. Some analysts have even regarded the international competition over the regional oil and gas as a New Great Game among the developed West, Russia, and the emerging Asian energy importers. Much less attention has been paid to the means employed by the various competitors in achieving their interests in the Central Asian hydrocarbon sector. This Master Thesis analyzes the competition over the energy resources in Kazakhstan between two regional powers Russia and China for the period from 1991 to 2011. The study assesses the concept of power in its political, economic, and military terms as a way to achieve desired outcomes in the regional energy sector. The analysis concludes that economic statecraft is the dominant tool used in securing interests in the Central Asian oil and gas sector and thus allows China's economic clout to guarantee favorable energy deals. At the same time, the results suggest that Russia's soft power along with the traditional military engagements help to secure other strategic interests in the region apart from the energy sector. </p>

On May 2, 1925, Benito Mussolini said in a speech to the Italian Senate: It is necessary to guarantee not only the Rhineland frontier but the Brennero frontier. On this point I wish to make the opinion of the Italian Government perfectly plain, especially in face of the propaganda which is being made in favour of the Anschluss in both Austria and Germany. It cannot be permitted. Thirteen years later, the Giornale d'Italia carried Mussolini's Genoa speech of May 14, 1938, which read in part: "Fascist Italy could not indefinitely assume what was the odious and useless task of the old Austria of the Habsburgs and Metternich---that of opposing the movement of nations towards their unity." This work will be an attempt to determine the factors which led Mussolini from the former to the latter position, from a virtual protectorate over the Republic of Austria to the complete elimination of Italian influence in the Danube area. Such a study lends itself to a critique of the events in Austria between 1933 and 1938 and to an examination of the wider international developments of the same period as reflected in Austrian and Italian policies. The organization of the events of the Austrian tragedy can be delineated into three distinct acts. These acts are the coup d'etat of July 25, 1934, with the death of Federal Chancellor Dollfuss; the Austro-German Agreement of July 11, 1936; and the Einmarsch of March 11, 1938. Immediately preceding each of these three principal acts are three seemingly secondary ones: the February revolt of 1934, the collapse of the Stresa front in May 1935, and the Berchtesgaden Protocol of February 1938, respectively. These latter events are in effect the direct result of Italian influence and policy, and carry an importance not apparent at first, being the causes of the more prominent occurrences in Austria. Implicit, then, in the course of developments leading to the Austrian Anschluss with Germany is the influence of the foreign policy of Mussolini and Fascist Italy. The significant circumstances of Austria's position prior to the Second World War are generally well-known, and the conflicts and frequently highly emotional drama of the First Republic have been subjected to critical investigation. However, these studies have confined themselves largely to Austrian internal developments, frequently biased or written to justify some party or principle. That these domestic developments are intrinsically due to external motivation is not so apparent. These external factors are obscured by their less publicized knowledge, by their overshadowing predominance in other spheres of international power politics, and by the portentousness of still greater factors crowding upon one another in this period.

This paper examines the question of when economic sanctions will be effectively instituted by states by looking at the role of the multinational corporation in the sanctioning process. Although governments have resources at their disposal with which to enforce their policies, the amount of resources that they are willing to devote to this enforcement are a function of their own cost/benefit calculations. They are also influenced by their predictions of the level of compliance of their private firms that conduct business in the target state. A game-theoretic model of the interaction between a sanctioning government and a private firm is offered and used to derive hypotheses on the conditions affecting a government's willingness to expend monitoring costs to enforce a sanctions policy. These hypotheses are then applied to the cases of the South African and Rhodesian oil embargoes.