This paper raises questions about the accessibility of the Articles 14 & 15 submissions mechanism, a public complaint process that attempts to use the eyes of ordinary persons in Canada, Mexico and the US to monitor an important environmental treaty obligation: NAFTA signatories' commitment to effectively enforce their environmental laws. In order to consider whether the Articles 14 & 15 review tool is accessible, we assemble a set of indicators that nourish four hypotheses, which may reveal if the review tool is sufficiently well installed to attain its long term objectives in a significant measure. The hypotheses are: 1) that the CEC receives an insufficient amount of submissions; 2) that it takes considerable or random times to process them; 3) that it consistently takes longer, or has more troubles, to process Mexican and disadvantaged-group cases; 4) that few complainants harvest any benefits from complaining, being more likely that they do if they are rich environmental NGOs than if they are ordinary individuals. The information we present is based on primary research and statistical information on the processing of NAAEC Articles 14 and 15 submissions. Our chief objective is not to conclusively prove or disprove these hypotheses, but to provide a framework to respond these questions. By consistently focusing their efforts on evaluating the attainment of the ultimate objectives of this review tool, all authors who have critiqued the Articles 14 & 15 submissions process have failed to consider whether the complaint mechanism is effectively positioned to capture environmental law enforcement information from all of its target population. Instead, this paper explores the implementation of Articles 14 & 15 by generating information on the attainment of its midcourse objectives. This paper may be of interest to persons working on issues concerning the implementation and further elaboration of NAAEC Articles 14 and 15 and to those pondering whether and how the proposed FTAA and the Canada-Chile Free Trade Accord should be structured to deal with the environmental consequences of further economic integration.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal

Lasting peace in Sudan would reverberate throughout Africa, the Arab world, and globally. But signing a historic peace agreement will not guarantee successful post-conflict reconstruction in Sudan. Several critical openings must follow-with expanded roles for the Sudanese people and their international partners. Sudanese fighters from both sides will need to integrate into joint military units that defend Sudan's borders and gain capacity to deal with rogue elements. Sudanese politicians must expand the opportunities for fresh and excluded voices to participate in Sudan's governing structures (north and south, national, regional, and local) and its political processes. Benchmarks against which international assistance is measured could help guarantee this need, as would an inclusive constitutional drafting process. Sustained economic assistance and forward-learning decisions on reducing Sudan's debt burden will help move Sudan on the path to economic growth. At the same time, international pressure must be brought to bear on the Sudanese to ensure that revenue streams, particularly oil and are handled transparently and for the benefit of Sudan's people, not its leaders. Uncertainty, hatred and mistrust run deep within Sudan. Donors must focus on building connections among the Sudanese and bringing communities together around common goals. The past focus on north-south issues should give way to more inclusive programs that begin to address the political and economical marginalization that is fuelling discontent and conflict in Sudan's peripheral regions. Lasting peace will require not just changing attitudes within Sudan, but shifting outside practices to better confront the enormous challenges that will complicate reconstruction efforts. Sudan's coming peace presents an opportunity to move beyond almost forty years of intrastate war. The United State, the United Nations, African Union, and other friends of Sudan should now consolidate and capitalize on this opportunity. / Thesis (M.A. (Peace Studies and International Relations) North-West University, Mafikeng Campus, 2005

The purpose of this study was to assess the influence that Henry Knox had on the formation and the inplementation of American Indian policy during the period from 1786 to 1795. Henry Knox was Secretary of War under the Confederation government from 1786-1789. In 1786 his office was given statutory authority to deal with the Northern and Southern tribes on the frontier. In 1789 he was appointed Secretary of War in George Washington's cabinet with increased authority to deal with the Indians. This work deals only with the tribes and the territory in the Northern Department for a number of reasons. First, the geographical area involved is smaller and the tribes more varied than in the Southern Department. Second, in the Northern Department there was not the conflict of federal-state interests that complicated the acquisition of lands and the pacification of the Indians. Third, there can be seen in the Northern Department a continuation of British Indian policy as adopted and ramified by the United States, An examination of Indian treaties concerning this area and the concept of the Indians' right of soil brings into focus the problems that the United States faced when dealing with the tribes on the frontier.The research was planned to answer two questions. What were the vestiges of British and French Indian policy that were adopted by the American government in the period from 1786-1789? Second, what was Henry Knox's role in formulating Confederation and Federal Indian policy? Did he act as the sole agent for the formation of Indian policy or did he take his direction from George Washington and/or the Congress?The first part of the work develops the relationship between George Washington and Henry Knox. It traces the career of Knox during the American Revolution and emphasizes the close bond between Knox and Washington. It also examines the role that Henry Knox played in the negotiations with New England tribes before he became a member of the Confederation government,The second stage of the study concerns itself with British Indian policy from 1763-1775. It develops those threads of imperial control that were adopted and modified by American government with the outbreak of the American Revolution. Special consideration is given to the various demarcation lines, treaties, and organs of Indian control that marked British imperial rule.The involvement of Henry Knox in Indian policy began in 1786 with the reorganization of the Indian Department. The work examines the conditions on the frontier that Knox inherited from his predecessor. The treaties of Forts Stanwix, McIntosh and Finney are examined in detail to emphasize the unrest on the frontier from both Indians and whites. In this setting the efforts of Henry Knox to formulate consistent and just Indian policy is studied. The first stage of Henry Knox's career as a Cabinet Officer comes to an end with the formation of the Federal government. From 1789-1795, Henry Knox served as Secretary of War in the new government. He was given more authority by the administration to guide the conduct of Indian policy. This study deals at length with the problems that Knox encountered in his dealings with the Indians on the frontier and with the Cabinet members in Washington's government. The military defeats of Josiah Harmar and Arthur St. Clair at the hands of the Indians during this period are traced and evaluated as to their consequences on Knox's effectiveness as an administrator. The final solution to the Indian problem in the Northwest comes with Anthony Wayne's victory at Fallen Timbers in 1794. Knox's contributions to this effort and his legacy to future Indian policy are evaluated in the final portion of this study.

Considering that the concept of sustainable development has a function of normative integration in international law, Article 31(3)(c) provides a legitimate basis of such systemic integration. At the same time, it displays the limitations of the harmonious solution drawn from its application because it works only within the rigid consent-based framework in which the referenced rules should be legal “rules” and should be “applicable in the relations between the parties.” International jurisprudence suggests supplemental elements to overleap the consensual limitations in the application of Article 31(3)(c): a generic term and the object and purpose of the treaty. These text-based and the object-and-purpose-based developmental interpretative techniques enable interpreters to consider legal rules that are not “any relevant rules of international law applicable in the relations between the parties” under Article 31(3)(c).

The increase of antidumping measures could represent a source of mounting frictions in the trading systems among Canada, United States and Mexico. Mexico is an active user of antidumping measures suggesting that both private sector groups and government policy makers have found antidumping measures to be a convenient response to the pressures of import competition. / In the last two decades, Mexico has opened its economy to international commerce. Nevertheless, its economy and legal system are not comparable to those of the United States or Canada, although it has adopted analogous antidumping laws. The Mexican antidumping practice is based today on common law practices influencing civil law formalities. In the NAFTA context, more specifically, in its Chapter 19, legal problems facing the binational panel review system have arisen from Mexico's different legal tradition, notably in the areas of transparency and procedural issues, standard of review, parallel amparo and the power of panel vis-a-vis national courts. The procedural requirements of the Antidumping Agreement prove a challenge for Mexico and will likely lead to trade disputes concerning procedure because it lacks the tradition of administrative and legal process.

This thesis aims to analyze the Black Sea environmental regime, which consists of three main parts. The first part of the study, after a general introduction to the environmental aspect of international politics, puts forward the regime formation in the field of environment and the development of global and regional environmental policy and law for the protection of coastal and marine environments. The second part firstly describes the peculiar characteristics and the environmental problems of the Black Sea. Secondly, it analyzes the disintegrative and integrative motives behind the establishment of the regime. Lastly, the legal, institutional and financial framework of the regime together with the role of international donors in the Region are put forward. The third part identifies the challenges affecting the functioning of the regime as well as the opportunities for the future of the Black Sea. The main concern of this study is to have an insight of the Black Sea environmental regime to see whether the regime has been functioning sustainably to enable the protection of the Black Sea and the recovery of its ecosystem.

A core function of the United Nations over the past six decades has been the promotion and protection of human rights. In pursuit of this goal, the UN General Assembly has adopted numerous human rights treaties covering a vast array of rights. Because it has the highest number of ratifications, the Convention on the Rights of the Child (CROC), is often lauded as the most successful of all the human rights treaties. Although the breadth and depth of human rights treaties is impressive, the amount of research into their effectiveness is not. Very little scholarship has been undertaken to evaluate the extent to which human rights treaties are being complied with by countries that have ratified them and whether ratification of a human rights treaty has a positive impact on the human rights situation within a State Party’s jurisdiction. The research that has been undertaken has been largely quantitative and limited to studies of compliance with civil and political rights. This thesis builds on this limited scholarship by qualitatively analysing the ‘compliance’ levels of two States, Australia and the United States, with the norm in Article 29(1) of CROC relating to human rights education (HRE). Although the United States has not ratified CROC, it was selected as one of the case studies for this research in order to enable comparison to be made between HRE in a State that has ratified CROC, and a State that has not, thereby shedding light on whether ratification of a human rights treaty makes a difference.

Thesis (Ph.D.)--University of Melbourne, Faculty of Law, 2005. / Author's name on spine: H.K. Mutai. Typescript. Includes bibliographical references (leaves 263-284).

Thesis (MA.(International relations))-University of Pretoria, 2007. / Includes bibliographical references. Mode of access: World Wide Web.