Thesis (doctoral)--Universiẗat Frankfurt (Main), 2005. / Includes bibliographical references (p. ix-xxv).

Can international institutions work independently from the great powers in terms of autonomy and independence? To answer the question, this thesis analyzes 197 concluded arbitration cases and the Convention of the International Centre for Settlement of Investment Disputes (ICSID). But why the ICSID? Trade liberalization has long been sought by almost all the countries under multilateralism represented by the GATT and its successor, the WTO. However, due mainly to slow and laborious decision making, proceedings for dispute settlement and acquiring mandatory consent from all the member countries under the WTO, states -especially great economic powers - began to turn to Free Trade Agreements(FTAs) toavoid such problems. Most of the FTAs include Bilateral Investment Treaties and investment dispute settlement provisions. When investment disputes arise, the parties can resolve them bilaterally or they may bring their cases to an international dispute settlement institution. The ICSID is one of leading dispute settlement institutions in the field of international investments. Since the late 1990s, the cases argued at and the references to the ICSID began to increase sharply indicating that states have begun to perceive the ICSID as more important. So I analyzed the ICSID in terms of its autonomy and independence. The findings are as follows.Throughout the Articles of the ICSID Convention, the ICSID endeavors to keep its autonomy and independence. Although there are more arbitrators from developing countries than developed countries in the arbitration panel, developed country arbitrators have been selected more frequently as members of arbitration Tribunals of the ICSID. But the compositions of the Tribunals do not affect the winning rate especially fordeveloped country in the arbitrations. Although the durations of the arbitration proceedings vary in each party category, developing countries tend to show their lack of legal capacities and monetary shortage, especially needed for the due process procedures in arbitrations. As for compliance to ICSID awards, almost all the Contracting Statesfollowed the awards except for some cases, especially Argentine ones. In general, the ICSID has maintained its autonomy and independence though there also is some evidence and some cases where this argument is not supported. Asmore pending cases turn to concluded ones, there will be more cases available for furtherresearch on the ICSID.

According to § 2 of the swedish Competition Law it does not apply to agreements between employers and employees regarding salary and other working conditions. In the EC-treaty there is no such exception, but the European Court of Justice has established one. The purpose of this paper is to investigate if there are any differences between the two exceptions and, if so, how those differences effects the possibility to challenge swedish collective agreements from a competition law standpoint.

How does the recent wave of preferential trading arrangements affect, the incentives for further trade liberalization of member states, and the possibility of obtaining global free trade? And are there any differences in this aspect between custom unions and other forms of preferential trading arrangements? These questions are well debated and have divided international trade researchers into two camps, one in favour for preferential trading arrangements and the other side against them. I have used well acknowledged researchers in the area of international trade theory to make a literature study of the above mentioned key elements in the debate. When comparing the two sides I have focused mainly on their differences, assumptions and results. I have come to the conclusion that there is nothing to be alarmed by of the wave of regionalism that’s occurring in the world today, but caution should be applied and more research in this area is necessary before any certain conclusions can be drawn. Free trade association seems to be welfare enhancing in general, with a few exceptions. I have found that the crucial points of what affect Free Trade Agreements will have on trade liberalization seems to be whether they are open or closed, how asymmetric the world is and the size of the trading blocs. The matter concerning custom unions are more alarming and seems to harm further trade liberalization in many aspects but this area also needs more research to give more reliable answers.

Environmental Impact Assessment (EIA) is a planning process used to predict, assess, mitigate, and monitor the potential environmental and social impacts that may be associated with a proposed development project. Essential to the efficacy of EIA is follow-up - a post-decision process that attempts to understand EIA outcomes and provides feedback on project development and learning processes to improve environmental management practices. While considerable literature on follow-up related themes exists, the actual implementation and engagement of all stakeholders involved with follow-up in post-consent decision stages lacks or is not done well. That being said, in northern Canada, and in the mining sector in general, much of this post-decision activity is occurring under a new institutional arrangement: privatized community-industry Environmental Agreements and associated community-based monitoring programs. Based on a case study of follow-up in northern Saskatchewans uranium mining industry, this thesis examines both the institutional development of EIA follow-up and the role and contribution of community-based Environmental Agreements to EIA follow-up and impact management practices. This thesis adopted a manuscript-style format; both utilized a combined methodology of document review and semi-structured interviews. The first manuscript focuses on the institutional development of follow-up in the northern Saskatchewan uranium mining industry, giving context to the current situation. Results demonstrate that follow-up in Saskatchewans uranium industry has transformed and is characterized by four themes ranging from little or no follow-up to a new system that now includes a participatory yet privatized process based on privatized agreements. Results suggest that follow-up has evolved to a current emphasis on environmental management incorporating a community-centric approach, recognition of socioeconomic issues in monitoring programs, and an increased community and industry presence in follow-up and monitoring activities. The second manuscript examines the nature and scope of the northern Saskatchewan uranium industrys Environmental Agreement and its potential role in EIA follow-up. Results indicate that although privatized Environmental Agreements and community-led monitoring programs complement and supplement formal EIA follow-up processes and contribute to environmental management practices, they do not have the capacity to replace EIA follow-up. Results from this thesis advance current knowledge and understanding of the evolution of EIA follow-up and the current role and contribution of privatized agreements to post-decision follow-up and impact management practices.

A historical overview of the collective bargaining process in the three major American sports, and a comparative analysis of the current collective bargaining agreements.

Co-management agreements for land and resource management can be viewed as emerging forms of a participatory planning model. They strive for equal aboriginal involvement and result not only in more equitable management strategies, but also incorporate aboriginal worldviews and traditional knowledge. This type of planning model is an iterative learning process for all parties involved and is most effective when mechanisms and processes to develop a co-management agreement are situational and contextually appropriate to each location and aboriginal group involved. Co-management agreements should be valued as interim forms that bridge restrictions on and exclusion of aboriginal peoples’ use and influence in relation to land and natural resources, on one side, and complete control through self-government, on the other. This practicum assesses levels of co-management for two case studies by: reviewing relevant literature, analyzing the co-management agreements and plans of management and surveying key personnel at Uluru – Kata Tjuta National Park in Australia and the Gwaii Haanas National Park Reserve and Haida Heritage Site in Canada. The study does conclude that the degree of involvement of aboriginal participation is still wanting, but is higher than it would be if no such framework had been applied. To achieve the full benefits of equality in power distribution, the author suggests that co-management at the highest level should be negotiated either within or as part of land claims agreement or as part of a land title transfer to traditional owners. / October 2005

The common agricultural policy (CAP) is a much discussed policy in the European Union (EU). It allocates great sums to the European agricultural sector every year and has been accused of being trade distorting and outdated. This thesis takes a closer look at what protectionist measures the CAP has used. The policy’s effects on trade will be assessed employing the sugar industry as a reference case. Sugar is heavily protected and is one of the most distorted sectors in agriculture. The CAP effects on trade in the sugar industry for ten countries in and outside the EU from 1991 to 2011 are estimated using a gravity model. This particular type of estimation has, to the author’s knowledge, not been performed for the sugar industry before, which makes the study unique. The results of the empirical testing indicates that trade diversion occurs if one country is a member of the CAP and its trading partner is not. When both trading partners are outside the CAP cooperation, they are estimated to have a higher trade volume. This result indicates that the CAP decreases trade. Current economic theory, in particular the North-South model of trade developed by Krugman (1979), suggests that protectionism of non-competitive sectors should be abolished and funds should instead be directed to innovation and new technology. The CAP is in this sense not adapted to modern economic thought.

This thesis addresses the problem of how it is possible to understand the governing system for the school sector by studying how the relationship between the government and municipalities comes to the fore in the position held by the directors of education, who are the administrative directors of education in the municipalities. In order to put the position of the directors of education in its place in the government´s system for adminsitrating the school sector, we have studied how this office developed to be a part of the central adminsitration of school acivities in the municipalities. The study includes an analysis of how the position and function of this office changes up until the 1990´s, as well as what experiences the directors of education who serverd during the 1990´s had of the control and adminsitration of matters in the school sector. The empirical material of the study consists partly of documents and litterature - particularly hostoric texts, and partly of a questionnaire and interviews. The questionnaires have been carried out among all of the directors of education that served during the whole 1990´s. The results of the study show that the changes in the government´s system for governing the school sector have rendered the system itself seomwhat obscure. Positions of responsibility have not become clear. Hidden control becomes visible by the way in which economic issues are handled and by the existence of the agreement on school development - both of which are control instruments in the school sector, but not parts of the national control and adminsitration system. Underpressure has been developed in which the government, through its decrees, has strengthened the school level in issues that need to be solved in the municipal level in the present system, whithout the municipal level actually beeing strengthening.

Inuit exercise a significant degree of self-determination in Nunavut through the Nunavut Land Claims Agreement, particularly in the area of non-renewable resource development. Self-determination is linked to both Inuit and Canadian identity and conceptualized in its democratic form as relationships of autonomy and interdependence mediated by resource management institutions. This thesis argues that democratic self-determination depends on local experiences of reciprocity and legitimate institutional representation. Nunavut’s institutional actors have the potential to establish locally acceptable norms of reciprocity and representation through (quasi-) constitutionally mandated Inuit Associations, an Inuit public government at the municipal and territorial levels, and resource co-management boards. Using a qualitative research methodology involving document analysis, semi-structured interviews and participant observation, this thesis explores how residents of Cambridge Bay, Nunavut, are experiencing democratic self-determination from the perspectives of representation and reciprocity. Results indicate that conflict between municipalities and Inuit Associations over the distribution of resource benefits can overshadow attitudes of reciprocity between public and Inuit spheres. Although both Inuit Associations and public governments are seen as legitimately representing local interests in resource development, each have distinct roles: Inuit Associations negotiate Impact and Benefit Agreements with industry as a matter of right, while public government’s role is the responsible delivery of social services. The legitimacy of Inuit Associations as representatives of Inuit interests was challenged by a minority of research participants who expressed concerns about elitism and unaccountability of Inuit officials, and educational barriers to non-elite participation in decision-making. Meanwhile the criticisms registered against the public governments illustrated contemporary attitudes of resentment based on a history of colonialism and distance from centre to periphery. The Nunavut Impact Review Board was found to be a valuable mechanism for managing Inuit-state relations in its ability to foster trust, though its ability to determine the just distribution of resource benefits is circumscribed. Ultimately, this research suggests that from the perspective of reciprocity and legitimate representation, the birth of Nunavut should not be considered an end to the struggle for greater local democratic control over economic and political destinies.