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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.
21

Providing Arms and Weapons to Parties Involved in Civil Wars: The Legal Framework for EU Member States

Lerer, Iotam Andrea 04 September 2020 (has links)
At a time when the majority of conflicts are non-international, providing arms to the legitimate government or to the opposition forces may influence and even determine the outcome of a civil war. It is, therefore, not surprising that such a provision is subject to a web of rules. This dissertation focuses on those applicable to the EU Member States, which arise from international, European, and domestic law. Sanctions regimes are an integral part of this legal framework. Of primary importance are, naturally, sanctions adopted by the Security Council under Chapter VII, but also the more controversial EU restrictive measures are accounted for. The dissertation aims to clarify to whom EU Member States can legally provide arms and weapons during a civil war. This investigation is justified also in light of the positions adopted by individual EU Member States vis-a-vis the conflicts in Libya, Syria, and Yemen, three conflicts particularly relevant in political and economic terms for the EU and its Member States. By analysing these three case studies and putting the whole legal framework to the test the dissertation sheds light on how EU Member States justify their intervention. The adoption of these specific case studies allows for the assessment of their positions both when they provide arms to parties that intervene on request of the legitimate government and when they provide support to opposition forces. Despite being EU Member States subject to common European rules on arms exports and being all party to the Arms Trade Treaty, their practice is far from uniform. The result of these differences is far-reaching and has an impact not only on the civil war where the arms are provided but also on the EU.
22

Police Officer Perception of Body Cameras in East Tennessee

Murr, Sadie 01 August 2022 (has links)
The purpose of this study was to explore police officer perception of body cameras. There had been little previous research done on the police officer perception of body cameras in rural areas. Several research questions were pursued, including the impact of body cameras on citizens, the impact of body cameras on police officers, use of force and body cameras, body cameras effects on calls, and the officers’ support of body cameras. The study gathered data through qualitative interviews with 16 police officers in East Tennessee to address these questions. Results obtained provided interesting and useful information regarding the police perception of body cameras, which are discussed in detail. Implication of the research as well as ways to further the research are discussed as well.
23

Professionalism in Policing: Do Increased Education Requirements Improve Police Performance and Procedural Justice?

McMahon, Kelsey Peyton 25 June 2021 (has links)
With the increased attention to police brutality against people of color in recent years, the credibility of police departments is being called into question. Prior research suggests that a police force can improve their trustworthiness in the eyes of the public through prioritizing procedural and outcome justice. However, less is known about how to achieve these goals. Can education requirements play a role in increasing levels of procedural and outcome justice in police departments? By using rates of use of force rates as a measure for procedural justice and clearance rates as a measure for outcome justice, I investigate whether increasing the education requirements of police departments is associated with greater procedural and outcome justice. Data for this comparative quantitative analysis of police departments are drawn from the Law Enforcement Management and Administrative Statistics survey (LEMAS), the Uniform Crime Reporting survey (UCR), and the US Census. Through multivariate analyses, I find that raising education requirements increases use of force and decreases clearance rates, and community policing training for police recruits increases clearance rates but also increases use of force. Community training was more likely to exist at departments with increased education requirements. These findings suggest that departments with evidence-based policing methods have higher clearance rates. Careerism from increased education requirements may cause use of force to increase, however, this situation may be improved by switching the department style from legalistic to service policing. I argue that police departments should implement higher education requirements while also altering the organizational goals of police departments to be service-oriented and requiring community policing training for all police recruits. / Master of Science / With the increased attention to police brutality against people of color in recent years, the credibility of police departments is being called into question. Prior research suggests that a police force can improve their trustworthiness in the eyes of the public through prioritizing respectful interactions with citizens and effectiveness in crime-solving. However, less is known about how to achieve these goals. Can education requirements play a role in increasing the fairness and effectiveness of a department? By using a department's amount of force used on citizens as a measure for fairness and the amount of crimes solved out of the number of crimes committed as a measure for effectiveness, I investigate whether increasing the education requirements of police departments is associated with greater police fairness and effectiveness. Data for this study are drawn from the Law Enforcement Management and Administrative Statistics survey (LEMAS), the Uniform Crime Reporting survey (UCR), and the US Census. Through my analyses, I find that raising education requirements increases use of force and decreases the amount of crimes solved, and community policing training for police recruits increases crimes solved but also increases use of force. Community training was more likely to exist at departments with increased education requirements. These findings suggest that departments that use scientific approaches in their policing policies can typically solve more crimes. College-educated officers are more likely to try and advance their career no matter what, so increased education requirements may cause use of force to increase. However, this situation may be improved by making the priorities of a department geared towards helping the community rather than making arrests. I argue that police departments should implement higher education requirements while also altering the goals of police departments to be geared towards public service and requiring community policing training for all police recruits.
24

Non-State Actors, Terrorism and the United Nations: A Critical Analysis through Three Case Studies Examining the United Nations'Effectiveness in Addressing the Threat Imposed by Violent Non-State Actors

Gorman, Fitzalan Crowe 29 May 2009 (has links)
The purpose of this study is to determine if the United Nations is structured in a manner that allows for it to effectively protect its principles while meeting the challenges emerging from the increasing number of security threats carried out by violent non-state actors. The United Nations, through the strategies of collective security and sovereign equality, aspires to have its member states prevent war through the peaceful settlement of disputes. This thesis argues that, by examining the legal norms that govern the methods in which member states are authorized to use force, the foundation and principles of the United Nations are to promote collective security through the avoidance of war. The United Nations' Charter only outlines a method for how sovereign states are to handle disputes with other states. The Charter fails to establish an effective method for states to respond to violence that originates from a non-state source. States therefore have elected to respond to aggression by non-state actors in terms that are not in accordance with the United Nations' Charter. This thesis therefore argues that any member state that chooses to use force against another state, specifically due to that state being the perceived origin of violent non-state aggression, without the approval of the United Nations Security Council, is doing so illegally and undermining the integrity of the organization. Since the United Nations' Charter fails to make provisions for the use of force against violence by non-state on state actors, it would seem wise for the United Nations to update its Charter to reflect a more efficient method for states to respond to non-state aggression. Unless the United Nations modernizes to respond to this tactic and outlines a strict method for states to respond to these situations, the United Nations will grow increasingly irrelevant. The thesis is organized into four main parts. The introduction describes the legal foundation of the United Nations and argues that its integrity is based upon the concept of collective security. This examination will explore the historical growth of collective security through the successes and failures of organizations who have previously employed its principles. This section will go into detail on the main principles of the United Nations Charter, specifically when the use of force is permissible by the organization. The first chapter offers a historical examination into the growth of non-state actors and the terrorist tactics they have employed. Terrorism is a tactic that aspires to disrupt society through the threat or usage of violence. This tactic typically uses or threatens to use violence in an attempt to gain footage in political, economic, religious or social issues. This analysis will offer evidence into the effectiveness of this tactic for inflicting civilian casualties and disrupting the peace of states. The second chapter is an analysis of how the United Nations has evolved to address the global growth of terrorism. This analysis will be supported by the legal documentation that the United Nations has passed to address terrorism. The main method in which the United Nations has employed to suppress terrorism is sanctions. This section will detail cases where the United Nations has used economic sanctions as a method to punish states that support terrorism. The third chapter of this thesis will offer an in-depth analysis of instances where, despite structures that the United Nations has in place to suppress terrorism, member states have determined that their state is not adequately protected from terrorism. In turn, these states have used force against another sovereign state without a Security Council mandate. By doing this, the member states have violated United Nations articles governing the use of force and the notion of collective security. The final section of this thesis will offer recommendations on necessary changes to the United Nations Charter regarding the use of force against violence by non-state on state actors. More efficient legal framework is necessary in the United Nations Charter to allow for states to capably and legally respond to the growth of terrorism. This thesis demonstrates that the current structure of the United Nations is incapable of controlling or responding to violent non-state actors. Additionally, with the mounting number of occurrences where a member state elects to use force against another sovereign state in response to terrorism, the core principles and purpose of the United Nations are becoming moot. This thesis will conclude by exploring possible reform within the United Nations by allowing for member states to legally and effectively respond to the terrorist activities of violent non-state actors. This reform would be achieved by outlining legal action allowed by a state when attacked or threatened with an attack by a non-state actor. / Master of Arts
25

Intervence na ochranu vlastních občanů z pohledu mezinárodního práva / Intervention to protect a country's own nationals from the perspective of international law

Filipková, Tereza January 2015 (has links)
The concern of this thesis is the intervention to protect nationals from the perspective of international law, which is part of a broader issue of the use of force in international relations. Although this type of intervention was already a part of the international community before the Napoleonic era - even in the 20th century it was not a minor feature - it is still controversial, and subject to many different interpretations. There are not only big differences between the opinions of particular states of the international system, but also among the international law scholars. The main goal of this Master's thesis is to answer the research question: Is the intervention to protect nationals legal according to the rules of international public law? Besides the Introduction and Conclusion this thesis is divided into four chapters. The first is devoted to the definition of the given phenomenon. It is an integral part of my thesis, because there is no legal definition of the term intervention to protect nationals or of the term intervention. The second chapter deals with the rules of use of force within international relations - above all with Article 2(4) of the UN Charter (which prohibits the use of force) and its exceptions. The interpretative controversies are also included in this chapter. The...
26

Oprávněné použití zbraně / Lawfull use of force

Lipert, Jan January 2012 (has links)
of my Master's degree thesis in English Lawful use of firearms The purpose of my paper is to draw attention to the lawful use of firearms in self- defence. The relation between the lawful use of firearms and self-defence is not explained sufficiently today. For example, it is not clear in what situations police officers have authority to act in self-defence and what their liability would be should they exceed the regulation of lawful use of firearms. The author offers possible solutions to this issue and describes their consequences. The paper is composed of three chapters. Introduction brings the reader into the issue. First chapter serves as an extension to the introductory part and defines basic terminology used in the paper such as defences, necessity, self-defence, dangerous offender, lawful use of firearms. Chapter Two deals with relevant international, constitutional and statutory legislation with a focus on the lawful use of firearms and its regulation. Chapter Three introduces basic knowledge from practice split into rulings and case studies. Author of this Master's degree thesis searched and chose the most relevant rulings with relation to the lawful use of firearms. Case studies include two cases of lawful use of firearms by the Police to which the author had access. Chapter Four looks...
27

Pojem a právní důsledky překročení mezí nutné obrany a krajní nouze / The concept and legal consequence of the excessive use of self-defence and necessity

Krejčíková, Radka January 2013 (has links)
The topic of this diploma thesis is the concept and legal consequences of excessive self-defence and necessity. The aim of the thesis is to introduce and describe the conditions of using these defences and to focus on issues of case law in connection with them. Criminal law is an essential part of everyday life. This diploma thesis focuses on analysis of all conditions imposed by Czech legislation as well as Irish legislation. It is composed of seven chapters and each chapter deals with different issues. The first chapter is an introduction to the whole thesis: it sets out aims and the methods used for achieving them. The second chapter deals with the definition of the concept of justification with the basic features of these circumstances and highlights the basic foundations for behaviour under self-defence or necessity. The third chapter is fully devoted to regulation of necessity, focusing on its basic conditions. Each condition is explained and described separately with references to the case law. One part of this chapter deals with the excess in behaviour under necessity and the following solutions in criminal trial. The fourth chapter deals with the concept of self-defence in the Czech Republic, defining it and analysing its basic conditions. Examples from the case are discussed and analysed...
28

The Regulation of Cyber Operations Below the Threshold of Article 2(4) of the Charter : An Assessment of Rule 4 of the Tallinn Manual 2.0

Nordström, Caroline January 2019 (has links)
The cyber domain poses great challenges to the existing international law framework, resulting in the international community's frustration in finding sustainable long-term solutions to the international regulation of cyberspace. This thesis reflects upon foundational concepts of the jus ad bellum framework, such as State sovereignty and the use of force. The principal issue discussed in this thesis is the emergence of a customary international norm prohibiting violations of sovereignty, essentially targeting lowintensity cyber attacks. Violations of sovereignty were classified as a primary rule in Rule 4 of the Tallinn Manual 2.0 (2017), which sparked a debate about the rule's true existence as a customary norm. This thesis assesses whether violations of sovereignty can currently be extrapolated as a primary rule of customary international law. It thereafter discusses the need for such a rule, as well as the risks of such a rule emerging as a customary norm.
29

The legal limits of intervention by invitation of government in civil wars

Shattock, Alexander Harry January 2019 (has links)
It has become widely accepted that if a state sends troops into another state following a government request, it will not breach the prohibition on the use of force set out in Article 2(4) of the UN Charter. This is known as "intervention by invitation." However, it is clearly open to abuse, especially when invoked as a legal justification for intervening in a civil war, allowing allies of ineffective governments to help suppress genuine popular revolts. Thus, many 20th century writers argued that intervention by invitation in civil wars was not lawful, on the basis that it would necessarily breach the principles of self-determination and non-intervention. Several 21st century writers have maintained this position. This thesis will challenge those claims. Its focus will be on the legal limits on intervening in a civil war: the key question being what circumstances, if any, preclude a state from responding to a government invitation to intervene in a civil war. Part I will set out the key doctrinal issues and the scope of the research question, including the definition of a civil war. In contrast to previous studies of intervention by invitation, it will critique the alleged prohibition on intervention in civil wars by analysing its two constituent elements, self-determination and non-intervention, from a historical and theoretical perspective, concluding that neither principle is sufficiently clear in definition or application to support a general prohibition on intervention by invitation. Part II will analyse recent state practice on intervention by invitation, in order to determine whether it is an evolving norm in light of new developments such as the global war on terror and the apparent decline of the effective control doctrine. It will also consider potential limits to intervention by invitation in civil wars in the absence of a general prohibition, such as loss of government status, coercion and the ways in which an invitation can be communicated, and the extent to which these limitations have been challenged or confirmed by recent state practice.
30

A problemática do uso excessivo ou indiscriminado da força na atuação policial em Moçambique

Mabote, Noa Querino January 2017 (has links)
O presente trabalho apresenta um estudo sobre o excesso de poder da força na atuação policial em Moçambique. Apresenta como plano de fundo a análise da atuação da polícia, no que concerne ao uso excessivo ou indiscriminado da força no exercício das suas funções, e a busca de soluções técnico-científicas para a redução desse problema. Assim, evitando a violação dos direitos humanos. A partir desta perspectiva, busca-se compreender a problemática do uso excessivo ou indiscriminado da força na atuação policial em Moçambique, vivida nos últimos anos pelo país, tendo em vista sugerir políticas a serem traçadas para minimizar, colmatar, e estancar o problema de tal forma que se extrapole este flagelo que atinge a sociedade moçambicana. Os ditames do art. 254 da Constituição da República de Moçambique datada de 1990, alterada em 2005, preconiza que a polícia deve assegurar o respeito pelo Estado de direito democrático e a observância estrita dos direitos e liberdades fundamentais dos cidadãos. Embora a Constituição e a lei proíbam tais práticas, a polícia, inadequadamente preparada, usou frequentemente força excessiva ou indiscriminada, além de cometer abusos físicos severos durante as apreensões, interrogatórios e detenções de suspeitos criminosos, inclusive em manifestações democráticas em todo o país. Em conformidade com o disposto no art. 358º do CPP/Mz que “proíbe a toda a autoridade ou agente de autoridade de maltratar ou fazer qualquer insulto, violência física ou psíquica. Neste sentido, as armas de fogo só devem ser utilizadas para defender as pessoas contra a ameaça iminente de morte ou ferimentos graves ou para impedir uma ameaça grave à vida e apenas quando meios menos extremos forem insuficientes. A força letal só deve ser utilizada quando for estritamente inevitável para proteger a vida. Em diversos casos de violações dos direitos humanos praticados pela polícia, não houve qualquer investigação e nem foram tomadas quaisquer medidas disciplinares contra os responsáveis e, de fato, nenhum agente da polícia foi processado. Pois, os autores deste crime continuam impunes e cometem outras violações. O ser humano é titular de um direito e é considerado como um membro da sociedade e goza de todos os direitos garantidos pela Constituição os quais não podem serem violados. / The present work presents a study about the abuse of power of the police force action in Mozambique. The purpose of this study is to analyze the police's behavior regarding the excessive or indiscriminate use of force in the exercise of their functions and to seek technical-scientific solutions to reduce this problem, thus avoiding the violation of human rights. From this perspective, the aim is to understand the problem of the excessive or indiscriminate use of force in the police action in Mozambique, which in recent years the country has lived and, with a view to suggesting policies to be drawn up to minimize, stop, or prevent problem so that this scourge that undermines Mozambican society is extrapolated. In the dictates of art. 254 of the Constitution of the Republic of Mozambique of 1990, amended in 2005, advocates that the police must ensure respect for the democratic rule of law and strict observance of citizens' fundamental rights and freedoms. Although the Constitution and the law prohibit such practices, the police, inadequately trained, often uses excessive or indiscriminate force and severe physical abuse during the seizures, interrogations, arrests of criminal suspects even in democratic demonstrations throughout the country. In accordance with the provisions of art. 355 of the CPP / Mz, that "prohibits any authority or agent of the authority from mistreating or doing any insult or physical or psychic violence. In this sense, firearms should only be used to defend people against the imminent threat of death or serious injury or to prevent a serious threat to life and only when less extreme means are insufficient. Lethal force should only be used when it is strictly unavoidable to protect life. In several cases of human rights violations committed by the police, no investigation was carried out and no disciplinary action was taken against those responsible and, in fact, no police officers were prosecuted. For the perpetrators of this crime remain unpunished and commit other violations. The human being holds a right, and he/she is considered as a member of society and has all the rights guaranteed by the Constitution and cannot be violated.

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