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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
621

New legal responses to illicit art traffic

Maillot, Stéphanie. January 1999 (has links)
This thesis presents an overview of the legal actions taken to deal with the growing phenomenon of illicit traffic in art in times of peace. / The first part evaluates the alarming situation of illicit art trade and reveals the underlying interests at stake in protecting cultural property. / The second part examines the effects of governmental actions both at domestic and international levels, embodied respectively by Canadian and French import and export regulations, the 1970 UNESCO Convention and the 1995 UNIDROIT Convention. / The third part surveys the repressive and incentive-oriented alternative non-governmental action and emphasizes their major impact. / This thesis contributes to the debate on the position of cultural heritage in the context of international trade. It advocates protection of cultural heritage by combining all legal approaches for more efficiency. It equally aims to highlight the need for effective protection of cultural heritage as the most valuable testimony of mankind's creativity and identity.
622

The impact of NAFTA on transborder data flows

Aldana, Mercedes C. January 1994 (has links)
This thesis examines the trade related aspects of transborder data flows (TDF), placing TDF issues within the economic context provided by trade in services and particularly within the scope of the North American Free Trade Agreement (NAFTA). It is based on the premise that TDF are nothing but the rendering of a service product, whether final or intermediate, across national borders. Recognizing that international trade has become increasingly dependent on information exchange systems, the thesis asks whether or not NAFTA provides a solid legal framework to deal with discriminatory regulations, conflicting technical standards and protectionist measures that hamper the flow of information within the North American territory.
623

The legal implications of low earth orbit (LEO) : constellations of communication satellites

Yug, Elliott D. January 1994 (has links)
This thesis explores some of the legal implications of communication satellite constellations in Low Earth Orbit (LEO), specifically the satellite systems that plan to provide Personal Communication Services (PCS). The thesis begins with a brief history of long distance communications and their evolution from wire systems to space-based technology; the types of service providers and users are also indicated. Next, some of the perceived shortcomings of the current telecommunications technology are examined and suggestions are made as to how they could be overcome by LEO-based PCS satellites. The legal requirements, national and international, that need to be met to secure interference-free operation of these satellites and services are explored. Also some of the risks and potential liability producing events are discussed, as well as ways of dealing with them. The thesis concludes that LEO-based communication satellite constellations are feasible, both technically and legally, provided that the relevant legal and technical issues are resolved before the deployment of these systems.
624

Sustainable development : a role for international environmental law

Zapata Lugo, Jose Vicente January 1993 (has links)
This study portrays the vital role that sustainable development has in environmental protection. It is argued that, due to an unnecessary polarization of efforts, the success of sustainable development has been rather limited. Thus, after surveying the tension between the ecological, economic development and ethical dimensions of the concept, the author demonstrates the balancing role that international environmental law can have. Two hypotheses, the hypothesis of "concavity" and that of "convexity", are presented to contribute to a more appropriate understanding of the concept. A survey of international environmental agreements and instruments is undertaken in order to present sustainable development as a field in itself. / It is further argued that sustainable development has not succeeded in enhancing environmental protection because of the erroneous efforts made to reduce it from a field of international environmental law to a norm of international environmental law. States, communities and individuals should be more concerned with developing new and firm principles in the field of sustainable development. These principles would eventually become the new norms of international and national law and thus, the cornerstone of an era of environmental protection that does not impinge upon the development that humankind is dependent upon.
625

Les aspects juridiques du transport des œuvres d'art /

Ancel, Marie-Eve Zoe. January 2002 (has links)
Not only usual goods are carried: some of a particular nature need particular regulations. The transportation of dangerous goods regulated by specific international rules is a good illustration while the example of artworks carried to be exposed in temporary exhibitions is less famous. Their material protection is insured by museum professionals and specialized carriers. Their legal protection is insured on two levels: on one side, detailed customs procedures are set up to regulate their movement; moreover, specific contractual rules have been created by professionals, but they do apply international conventions relative to international carriers liability. On the other side, one usually chooses specific insurance policy called "a nail to nail" contract. Confidentiality and mutual trust are the keystone to gain success in matter of transportation of artworks.
626

Economic integration and foreign direct investment in West Africa

Marong, Alhagi. January 1997 (has links)
Economic integration and foreign direct investment were adopted by developing countries particularly in Africa, as strategies for economic development. For these countries, economic integration became not only a tariff issue, but a strategy for development; hence the term "developmental regionalism". This thesis is a study of the concept of developmental regionalism in West Africa. It concentrates on the Economic Community of West African States (ECOWAS), which was formed in 1975. / It is argued that as a strategy for development, the ECOWAS integration effort was inadequate because of undue reliance on tariff reductions--- so called "negative integration" measures. It is suggested that to facilitate a more cohesive integration program, countries in the region ought to adopt positive integration measures in the form of common policies on money and payments, industrialization and most significantly, a common policy on investments. / With respect to investment regulation, it is my argument that because liberalization of investment laws at the national level failed to attract the desired flow of foreign investment to the region, ECOWAS Member States ought to harmonize their regulatory framework with a view to ultimately adopting a single legal regime for international investment. / As a framework for analysis, I adopt the criteria of economic efficiency. This is a cost/benefit analysis of the transformations that occur as the result of contractual transactions. Where the costs to the parties exceed or are likely to exceed the benefits of the transaction, it is said to be inefficient. Using these criteria, I argue that in order to inject a level of fairness in investor/host state relations, and to avoid the costs of FDI to host societies exceeding the gains therefrom, international law ought to make binding prescriptions to govern corporate conduct. Based on this reasoning, I suggest a framework for improving the investment climate in West Africa.
627

Stowage of goods in international Maritime transport

Andersen, Lars January 1994 (has links)
The paper presents and discusses the carrier's stowage duties under the Hague and Hague/Visby Rules and contrasts them with similar duties created in the Hamburg Rules. Particular attention is paid to stowage responsibilities in relation to the carriage of dangerous goods. A subsidiary examination considers the extent to which international stowage regulations adopted to protect safety and the environment may affect what constitutes proper stowage under the contract of carriage.
628

Commercialisation of remote sensing U.S. and International law : towards a liberalization of economic regulations

Bourbonnière, Michel. January 1996 (has links)
This thesis analyses the International and American laws and regulations structuring the commercialization of space based remote sensing images. / Chapter one outlines the historical evolution influencing the present regulatory structure. Chapter two describes the technology of space based remote sensing systems. Chapter three analyses the international treaties and institutions along with their application to commercial remote sensing by satellites. Chapter four analyses the American legislative evolution and regulatory structure pertaining to commercial remote sensing. / The argument of the thesis is that a contextual evolution of the global geopolitical climate is forcing a regulatory retooling for commercial space endeavors. The contextual evolution has created new paradigms based upon international economic market values. The initial international treaties and institutions must evolve to reflect these criteria.
629

International trade law as a means to enforce workers' rights in developing countries : the way forward?

Vandaele, Arne D. A. January 1997 (has links)
This thesis examines the extent to which international trade law can serve as a means to enforce workers' rights in developing countries, considered from a human rights point of view. / The first chapter examines the protection of the most important workers rights under international law. The basic problem in this protection is that workers' rights are limited in their enforcement. Therefore, international trade measures could be used to enforce these rights. / A first way to use international trade law for the enforcement of workers' rights is by unilaterally imposing a set of workers' rights in the trade relations between two countries. This is the topic of the second chapter. These measures are used in both the United States and the European Community. Unilateral trade measures can be distinguished as non-reciprocal trade aid programs and reciprocal trade relations, the former being much less controversial that the latter from an international law point view. / In the third chapter, multilateral trade measures, the second way to use international trade measures, are discussed. This discussion focuses on the social clause in the General Agreement on Tariffs and Trade context and similar regimes. This study will demonstrate the position that a social clause is to be favoured, but only as an additional way to enforce workers' rights, and only if changes to the existing procedures are made. / The thesis concludes by calling for a social dimension in international trade regulation, but warns that a social clause in a multilateral trade agreement should be approached with realism and prudence.
630

Analysis of the legal framework on the use of foreign satellites : North America

Riva Palacio, Mariana. January 2001 (has links)
Over the last years satellite communications remained as a government monopoly in most countries. Recently, that situation has changed and we have witnessed liberalization on trade in satellite services where governmental entities that provided satellite services were privatized. Also, countries started to allow the entry of foreign satellites to their markets. / The international scenario on trade in satellite services is of great relevance and it will be analyzed in this thesis. We will see Mexico's, Canada's and the US's specific commitments on satellite communications services made in the General Agreement on Trade in Services (GATS). Likewise, we will see Mexico's, Canada's and the US's background on satellite communications, and their regulatory framework on the use of foreign satellites will be analyzed.

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