Thesis (Ph. D.)--University of Wisconsin--Madison, 1959. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 367-377).

International humanitarian law, international criminal law and international human rights law all share the common goal of seeking to regulate the behavior of international actors in relation to the three most serious offences under international law - genocide, war crimes and crimes against humanity. International legal rules, processes and institutions within these three areas of law represent the international community's ongoing quest to address and prevent the commission of these crimes - to create "a more humane world under law." International law has therefore been relied upon as the primary - arguably exclusive - mechanism for prescribing rules of conduct and for enforcing prescribed rules. It is clear, however, that the legal framework alone has not been able to bridge the gap between internationally agreed standards and substantive practice on the part of international actors. That international law comprises only a partial solution to the problem of human rights atrocities is well recognized. It is argued here that the international community's preoccupation with international law as the means for regulating State and individual behavior in this area has in fact contributed to continuing problems of non-compliance as much as it has assisted in engendering compliance with the law. In other words, law is as much a part of the problem as it is a part of the solution. It is argued that the international community must look beyond the law, to non-traditional, informal influences operating alongside the law, in order to move towards the goal of effective enforcement of the law prohibiting genocide, war crimes and crimes against humanity. Based on Constructivist thinking, four key strategies - departures from traditional Positivist-Realist conceptions of the international legal system - are suggested as focal points for enhancing compliance with the laws in this area, these being: active differentiation between the target subjects of the law; utilization of the dual power of international humanitarian law; employing social norms and ethical values as motivations for compliance with the law; and embracing the informal compliance-inducing activities and powers of non-state actors. Applying these strategies to the humanitarian law enforcement project, a reversal of traditional perceptions of the influence of ethics and law in relation to individual and State target subjects respectively, is proposed as a future direction for enhancing compliance and furthering the prevention project in relation to genocide, war crimes and crimes against humanity. / Law, Peter A. Allard School of / Graduate

This thesis examines the body of international law drawn upon during the Nuremberg trials after World War II. The work analyzes the Hague Conventions, the Paris Peace Conference, and League of Nations decisions to support its conclusions. Contrary to the commonly held belief that the laws violated during World War II by the major war criminals were newly developed ideas, this thesis shows that the laws evolved over an extended period prior to the war. The work uses conference minutes, published government sources, the official journal of the League of Nations, and many memoirs to support the conclusions.

Thesis (L.L.M.)--University of Waikato, 2007. / Title from PDF cover (viewed March 14, 2008) Includes bibliographical references (p. 151-166)

Univ., Diss.--Saarbrücken, 2004. / Literaturverz. S. 199 - 212.

Orientador: Jose Oscar de Almeida Marques / Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciencias Humanas / Made available in DSpace on 2018-08-06T22:28:41Z (GMT). No. of bitstreams: 1 Barnabe_GabrielRibeiro_M.pdf: 2707008 bytes, checksum: a7e84f9b9072afe3b22c10544cf5cf3e (MD5) Previous issue date: 2006 / Resumo: O realismo e o racionalismo são dois paradigmas que refletem os eixos que orientam as relações internacionais; a cooperação e o conflito. O pensamento de Hobbes, que se aproxima do realismo, entende o cenário internacional como predominante de conflito devido aos Estados buscarem a acumulação indefinida de poder e possuírem o direito natural sobre todas as coisas. Os pensamentos de Locke e Grotius se aproximam do paradigma do racionalismo, pois acreditam que os Estados podem ser racionalmente induzidos à cooperação. Para Locke, o cenário internacional é de paz enquanto a lei natural for cumprida. A violação da lei natural autoriza uma guerra justa. De acordo com Grotius, o homem possui naturalmente o desejo de viver em sociedade ordenada segundo sua reta razão. Grotius conjuga realistas e racionalistas ao argumentar pelo estabelecimento de regras mínimas para o mínimo de sociabilidade. A violação dessas regras mínimas autoriza uma guerra justa. Concluiremos que os pensamentos dos três filósofos são complementares para uma visão unificada dos fenômenos internacionais / Abstract: Realism and rationalism are two paradigms which reflect the main lines guiding international relations: cooperation and conflict. Hobbes' ideas, which approach realism, envision the international scene as predominantly conflictuous due to a quest of States to reach indefinite accumulation of power and to possess the natural right over all things. The thoughts of Locke and Grotius approach the paradigm of rationalism, for their belief in that the States can rationally be induced into cooperation. For Locke, the international scene is of peace as long as there is a fulfillment of natural law - the breaking of which would authorize a fair war. According to Grotius, man naturally possesses the desire of living in a society ordained according to his right reason. Grotius conjugates realists and rationalists when arguing for the establishment of a minimum of rules for a minimum of sociability. The breaking of these minimum rules authorizes a fair war. We shall conclude that the thoughts of the three philosophers are complementary for a unified vision of the international phenomena / Mestrado / Mestre em Filosofia

This thesis is a survey of the available material on the submarine issue during 1914-1917 as a factor in German-American relations which contributed to the American declaration of war in April 1917. No other scholarly work is devoted solely to the submarine issue during this period. The purpose of this thesis is to focus on the submarine as an international legal issue. German-American relations were strained during 1914-1917, because of the different interpretations of international law regarding the submarine. And this thesis was written in order to test the existing historical interpretations of the submarine issue as a focal point of German-American relations.

This thesis explores what Telford Taylor called the “ethos of Nuremberg” and how it shaped antiwar resistance during the Vietnam War in the United States. The Vietnam War was a monumental event in the twentieth century and the conflict provided lawyers, academics, activists, and soldiers the ability to question the legality of the war through the prism of the Nuremberg Principles, the various international treaties and U.S. Constitutional law. As many legal scholars and historians have lamented, the Cold War destroyed hopes for the solidification of an international court empowered to preside over questions of war crimes, crimes against humanity and crimes against peace. In the absence of cooperation among the international community, the antiwar movements in the United States and around the world during the Vietnam War utilized these legal instruments to form what I call a war crimes movement from below. A significant component of this challenge was the notion that individual citizens – draft noncooperators, military resisters, tax resisters, and the like – had a responsibility under the Nuremberg Principles to resist an illegal war. In the numerous United States military interventions after World War II, none had been challenged as openly and aggressively as the war in Vietnam. As this thesis will demonstrate, the ideas that crystallized into action at Nuremberg played a major role in this resistance.

Water has been used for military purposes in the past and still continues today, i.e. poisoning of enemy water, attacking enemy water installations, etc. This conduct denies access to water, affects the supply of water, health, supply of electricity, etc. Public international law, such as treaties (e.g. The 1949 Geneva Conventions), customary international law, etc, regulate the protection of water during armed conflict. Chapter I of the dissertation analizes the public international law ire the abovementioned. The application of public inteniational law, depends on the municipal law of the state concerned. This municipal law is, in the case of South Africa, found in the 1996 Constitution. The 1996 Constitution contains specific provisions regarding inter alia the legal obligations of the South African security services, the legal status of international agreements, as well as the application of customary international law and international law. Chapter II of the dissertation analizes the abovementioned wrt the legal obligations of the SA National Defence Force ire the subject matter. / Constitutional, International & Indigenous Law / LL.M. (Public International Law)

Water has been used for military purposes in the past and still continues today, i.e. poisoning of enemy water, attacking enemy water installations, etc. This conduct denies access to water, affects the supply of water, health, supply of electricity, etc. Public international law, such as treaties (e.g. The 1949 Geneva Conventions), customary international law, etc, regulate the protection of water during armed conflict. Chapter I of the dissertation analizes the public international law ire the abovementioned. The application of public inteniational law, depends on the municipal law of the state concerned. This municipal law is, in the case of South Africa, found in the 1996 Constitution. The 1996 Constitution contains specific provisions regarding inter alia the legal obligations of the South African security services, the legal status of international agreements, as well as the application of customary international law and international law. Chapter II of the dissertation analizes the abovementioned wrt the legal obligations of the SA National Defence Force ire the subject matter. / Constitutional, International and Indigenous Law / LL.M. (Public International Law)