Cette thèse présente trois études qui imaginent à nouveaux frais la définition et le rôle du droit international dans la réponse que l’on peut apporter aux menaces transnationales contre la santé et aux inégalités sociales. Le premier chapitre évalue les capacités qu’ont les lois internationales traditionnelles de promouvoir la santé mondiale, en étudiant en particulier quand et pourquoi des traités internationaux sur la santé peuvent être utiles. Une synthèse de 90 évaluations d’impact quantitatif de traités passés a été réalisée et un cadre analytique a été développé. Le deuxième chapitre s’appuie sur ce travail pour évaluer une large gamme de possibilités de travailler en vue d’une action mondiale collective portant sur la résistance aux antimicrobiens, dont celles qui impliquent la construction d’institutions, la conception d’incitations et la mobilisation d’intérêts. Ce chapitre soutient que leur impact sur le monde réel dépend de relations d’imputabilité fortes. Le troisième chapitre porte cette thèse au-delà des notions westphaliennes traditionnelles d’action collective en s’intéressant à la question de savoir si de nouvelles technologies perturbatrices peuvent théoriquement produire les mêmes effets de régulation sur les questions de santé au niveau mondial que des lois internationales négociées par les États. Dans un premier temps, ce chapitre présente un modèle relativement simple d’apprentissage automatique qui quantifie automatiquement la pertinence, la qualité scientifique et le sensationnalisme des articles et valide ce modèle à partir d’un corpus de 163 433 articles de presse mentionnant les pandémies récentes de SARS et de H1N1. / This dissertation presents three studies that reimagine the definition and role of international law to address transnational health threats and social inequalities. The first chapter assesses opportunities for traditional international laws to promote global health, specifically examining when and why global health treaties may be helpful. Evidence from 90 quantitative impact evaluations of past treaties was synthesized and an analytic framework was developed. The second chapter builds on this work by evaluating a broad range of opportunities for working towards global collective action on antimicrobial resistance, including those that involve building institutions, crafting incentives and mobilizing interests. This chapter argues that their real-world impact will depend on strong accountability relationships. The third chapter takes this dissertation beyond traditional Westphalian notions of collective action by exploring whether new disruptive technologies can theoretically provide the same global regulatory effects on health matters as state-negotiated international laws. As a first move, this chapter presents a relatively simple machine-learning model that automatically quantifies the relevance, scientific quality and sensationalism of news media records, and validates the model on a corpus of 163,433 news records mentioning the recent SARS and H1N1 pandemics.

The subject matter of the thesis is new as the phenomenon of the Box Corporation has not been the subject of a specialized investigation from the fiscal perspective before. A foreign subsidiary indirectly owned in a third country jurisdiction is in the thesis classified as a Box Corporation. The subject of the thesis is primarily to analyze and establish the following connections: the intended corporate objectives and ends and the modus operandi and the means that often require the Box Corporation as a necessary vehicle to attain those ends. The close connections between corporate law and tax law as intended legal results interdependent on one another. The application of the Box Corporation as an important vehicle for international tax planning by Swedish corporate groups on ever increasing competitive international markets and the special tax problems connected to the Box Corporation as it presents serious challenges to the pursuits for a consistent, neutral and undistorted Swedish corporate tax system. The thesis also investigates legislative and regulatory public reactions to the Box Corporation in the ways of CFC tax provisions, of denying tax treaty privileges by Limitation of Benefits clauses and of increasing domestic requirements on reportable transactions and international exchange of information and co-operation.

<p>The main aim of this study was to explore lived experiences of unaccompanied foreign minors in South Africa from a social work perspective. An important goal was to also explore the lack of guidelines on how to assist these young people. This study was conducted in a Children&rsquo / s Shelter, which is situated in the North-Eastern outskirts of Polokwane, where a group of unaccompanied refugee children from Zimbabwe were living. This study was qualitative and explorative in nature. Non-probability sampling was used to select participants for the study. Ten children were selected, ranging from age 14 to 18 years. Semi-structured interviews with the children and a focus group discussion with five care workers were held. Thematic analysis was used. The findings of this study revealed that services by government social workers are limited compared to those from social workers employed with nongovernmental organisations. It is hoped that this study will assist government and other role players in planning, advocacy and policy development related to the issues affecting unaccompanied refugee children.</p>

University of Macau / Faculty of Law

Not available / text

L'objet de ce mémoire est d'étudier la façon dont la limitation de responsabilité est appliquée dans le transport multimodal international de marchandises. La première partie du mémoire déterminera le concept du transport multimodal, ainsi que les origines de la limitation de responsabilité dans le transport de marchandises. On étudiera aussi comment la responsabilité est limitée dans les divers modes de transport qui peuvent composer le transport multimodal, avec un spécial intérêt sur l'Amérique du Nord. La deuxième partie du mémoire fera une analyse des diverses conventions et traités internationaux qui peuvent régir le transport multimodal international, en étudiant la façon dont la limitation de responsabilité est régie par ces conventions. De même, une analyse sera faite sur l'utilité et justification actuelle d'une limite à la responsabilité des transporteurs de marchandises. Finalement on étudiera les possibilités d'obtenir un traité international qui régisse le transport multimodal et qui puisse établir une limite de responsabilité uniforme a travers le monde. / The purpose of this thesis is to study the manner in which liabilities are limited in the international multimodal transport of goods. The first part of the thesis will establish the concept of multimodal transport, as well as the origins of the limitation of liability in the transportation of goods. We shall also study how the liability is limited in the various modes of transport that conform multimodal transport, making a special emphasis in North America. The second part of the thesis will analyze the different conventions and international treaties that may regulate the multimodal transport of goods, by studying the manner in which limitation of liability is regulated in these conventions. It will also analyze will be made about the present need and justification of a limitation of liability for transporters of goods. Finally, we shall study the possibility of an international treaty being created which will regulate the multimodal international transport of goods and which will establish a uniform limitation of liability through out the world. / "Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de L.L.M. en droit des affaires"

<p>The main aim of this study was to explore lived experiences of unaccompanied foreign minors in South Africa from a social work perspective. An important goal was to also explore the lack of guidelines on how to assist these young people. This study was conducted in a Children&rsquo / s Shelter, which is situated in the North-Eastern outskirts of Polokwane, where a group of unaccompanied refugee children from Zimbabwe were living. This study was qualitative and explorative in nature. Non-probability sampling was used to select participants for the study. Ten children were selected, ranging from age 14 to 18 years. Semi-structured interviews with the children and a focus group discussion with five care workers were held. Thematic analysis was used. The findings of this study revealed that services by government social workers are limited compared to those from social workers employed with nongovernmental organisations. It is hoped that this study will assist government and other role players in planning, advocacy and policy development related to the issues affecting unaccompanied refugee children.</p>

Several ways of understanding aboriginal rights surfaced in the wake of section 35 of the Constitution Act, 1982, which recognizes and affirms aboriginal and treaty rights. During my Masters’ studies, I journeyed these ways, propelled by a troubling dream that came to me while I was in law school. The dream prompted me to reconsider rights and to choose my words with caution and with care. And yet when I thought of what my dream might be trying to tell me, I was afraid. I was afraid to question rights, especially aboriginal rights. There seemed to be so much of me tied up in the cause and construction of aboriginal rights. All through law school I wanted there to be an answer I could find and defend. I wanted there to be a right way to think about aboriginal rights, something that would guarantee me a protected space to be. I wanted to continue pursuing that protection. And yet, there was my dream. Among the Anishinabe, dreams are considered gifts, for they lead us toward our greatest laws and teachings. Though I was loath to question aboriginal rights, I was not willing to question my dream. So I readied myself, preparing to put aboriginal rights into question. To my thesis, I brought all the learning I had done in and outside of law school. I also brought a question to guide me. To give me courage, I carried my faith in who I am, as Anishinabe. Knowing for all that I am Dawnis Kennedy, I am also Minawaanigogiizhigok, I set out to see what I would see. The question that led me through understandings of section 35 is this: do recent understandings of aboriginal rights within Canadian law enable Canadian courts to transform adverse relations with indigenous legal orders? The answer I found is, not yet. The interpretations of aboriginal rights I encountered have effected considerable change within Canadian law. However, my journey shows more is needed before the aboriginal rights framework can support respectful engagements with indigenous law. Indeed, without fundamental reorientation, I believe aboriginal rights jurisprudence will further entrench, rather than transform, Canadian law’s adverse relations with indigenous peoples. I would ask judges, lawyers, legislators, and all who shape Canadian law, to break away from attempts to reconcile indigenous and Canadian law within Canadian legal orders and reorient themselves towards fostering respect between indigenous and Canadian legal orders. In writing my thesis, I found cause for my concern with rights. And yet, this is not all that I found. Also, I found myself able to engage the world beyond the protective limits aboriginal rights provide. I found the ability to trust in another form of law, Anishinabe inaakonigewin, to understand my relations and actions in the world. This trust helped me to find the will to move beyond critiquing systems, toward engaging people.

This thesis examines conflict between Tsawwassen First Nation, the Host community and Delta Council representing the Settler community. The methodology is textual research and analysis of the historic and current relationship and the impact on the conflict of Delta filing a lawsuit to prevent the first Urban Treaty in British Columbia. It is a structural analysis of probable root causes of the conflict including political, economic and social linguistic barriers to understanding. The work begins with a political and policy analysis of First Nations challenges including the competing interests, fears and the public record of the Settler community. Differing worldviews, assumptions, language, core beliefs and values contribute to the walls which prevent Settlers from seeing the Host community clearly. Reconciliation or transformation of the relationship is the goal; achievable through recognizing and honouring difference. Cross Cultural Competence between the two communities is preferred to the limitations of Interest Based Negotiations.

This thesis scrutinizes &ldquo / flexible integration&rdquo / as an evolving concept within the European Union. It aims to understand the framework in which the debate on flexibility has taken place before the institutionalisation of the mechanism with the Treaty of Amsterdam through examining the different conceptualisations, past examples and the political debate associated with these examples. After analysing the Treaty provisions on flexible integration, the thesis attempts to answer the question whether this mechanism can be perceived as a tool for managing diversity in economic and political sense.