Este trabalho investiga quantitativamente as causas da adesão de países a tratados internacionais de segurança. Mais precisamente, tratados de controle de armamentos. O principal tratado a ser estudado aqui é o Tratado de Não-Proliferação de Armas Nucleares. Primeiramente fiz uma reconstrução racional dos programas realista e liberal das relações internacionais, com enfoque em regimes internacionais. Trata-se de uma abordagem qualitativa, feita com o intuito de subsidiar a pesquisa quantitativa. O cerne do trabalho é a análise econométrica do problema da adesão. Utilizo dados em painel na forma país/ano. Utilizo o universo dos países entre os anos 1968 e 2004. A técnica utilizada é a regressão logística com erro padrão robusto agrupado por país. O principal achado é que democracias aderem mais que autocracias na razão de dois para um. Por fim, temos uma modelagem formal, ainda bastante tentativa, do problema da adesão a tratados de segurança, feita com o intuito de prover uma ferramenta de policy implementation, com base num estudo de caso, qual seja, o da adesão de Índia e Paquistão ao Tratado de Não-Proliferação de Armas Nucleares. A metodologia usada nesta parte é a de desenho de mecanismo. / This study investigates the causes of adhesion to security treaties. The main case of study is the Non-Proliferation Treaty. The rational reconstructions of the liberal and realist research programs inform the quantitative work that follows them. The kernel of this piece is the econometric analysis. I use panel data and cluster robust logits to infer the causes of adhesion of countries to arms control treaties. The main finding is that democracies adhere more than authoritarian domestic regimes with a two to one odds ratio. Finally, I model the strategic situation between India and Pakistan. These two countries are not yet signatories of the NPT. I use mechanism design to come up with a means of promoting better equilibria.

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published_or_final_version / Law / Master / Master of Laws

University of Macau / Faculty of Law

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Disarmament remains a contested topic within the nuclear weapons debate and it is included as one of the mutually reinforcing pillars of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). However, when the Treaty on the Prohibition of Nuclear Weapons (TPNW) was mandated by UNGA in 2016 and later entered into force in 2021, it was immediately rejected by all nuclear-weapons states – China, France, Russia, the UK and the US – and their allies. The paradox of such a negative response to the new treaty despite their alleged loyalty to the disarmament pillar of the NPT was the starting point of the thesis and was examined through the theoretical lenses of constructivism, neo-liberal institutionalism and structural realism to pinpoint which offered the most tangible answer to the question at hand. The research was conducted by utilizing the method of qualitative content analysis on statements and working papers by the five nuclear-weapons states, and it concluded that – while all theories brought up interesting points – structural realism provided the most useful perspective on the matter through its take on states’ insecurity towards each other

Featuring an ethnohistory of two Coast Salish communities — the Suquamish Tribe in Washington State and the W̱SÁNEĆ Nation in British Columbia — this dissertation is a transborder study of Indigenous shellfish harvesting and foreshore rights in the Salish Sea across the twentieth century. It explores the history of the interface between land and sea within the context of treaty rights to resources and Indigenous nations’ sovereignty over marine habitats. This study also turns the ethnographic lens on the settler population. Using tools offered by recent scholarship on settler colonialism, it helps explain why the general public has resisted treaty and Aboriginal rights to fisheries and other resources. This dissertation also reveals Coast Salish nations’ responses to settler encroachment of their foreshores and state disruption of their management of the marine environment throughout the twentieth century and offers two community studies to illustrate how local Indigenous communities have re-shaped relationships between Indigenous peoples and settlers on the Salish Sea. The first study examines Suquamish’s right to shellfish under the Point Elliott Treaty and affirmed by the 1994 Rafeedie decision, as well as the interrelated 1980s tidelands case for ownership of the beaches attached to the Port Madison Reservation. The second examines W̱SÁNEĆ people’s defense of Saanichton Bay from a marina development, when the SȾÁ,UTW̱ (Tsawout) community wielded its Douglas Treaty rights in Claxton v. Saanichton Marina, 1987. Utilising Karl Jacoby’s concept of a “moral ecology,” this study argues that by ignoring Indigenous Knowledge regarding marine resource management, and by creating an overly complex regulatory scheme guided by principles of capitalism, settler officials on both sides of the border missed opportunities to avoid some of the greatest challenges to marine health and resource survival in the Salish Sea. / Graduate / 2023-04-12

This study analyzes the rule of the law of treaties permitting the provisional application of treaties or parts thereof, which usually occurs between signature and ratification (article 25 of the 1969 Vienna Convention). Chapter 1 reviews the negotiating record of article 25. Chapter 2 examines the reasons for provisional application, which include the urgency of the treaty and preparation for a new international organization. Chapter 3 considers article 25 in detail, while chapter 4 explores provisional application under customary international law, including the origins of the custom. The constitutionality of provisional application and the municipal effect of provisionally applied treaties are examined in chapter 5, along with provisional application in South African law and treaty practice. Chapter 6 considers the special role of provisional application in the field of arms control instruments. The main conclusion reached is that the principle of pacta sunt servanda applies during the provisional period. / Jurisprudence / LL.M