The thesis seeks to answer the question whether the European Union (EU) constitutional treaty offers improved protection for human rights in the EU jurisdiction. Within this context, it first seeks to find out what the incorporation of the Charter of Fundamental Rights in the constitutional treaty promises for the human rights&rsquo / field. Furthermore, it examines how the possible accession of the EU to the European Convention on Human Rights will affect this field. Then, it focuses on what the constitutional treaty offers for third countries concerning human rights. Finally, in the light of the recent developments on the treaty, the discussion enlightens the role of the constitutional treaty on protecting and developing human rights in the EU.

The purpose of this study is to document and analyze patterns of institutional constraints and supports that emerge when an urban elementary school, sponsored by a local university, is conceived and created in a high-stakes accountability environment. The study considers the regulative, normative, and cultural-cognitive pressures placed upon the school in its early years. In its mission to provide a model of exemplary education to a minority population, it is influenced by institutions of governance, traditional schooling, the local community, the university, and others. The author documents the social and political context of the school's creation, in addition to the institutional pressures related to the school's regulatory environment, normative outlook, and cultural-cognitive beliefs and assumptions. This study uses New Institutional Theory as a framework for analyzing data from interviews, documents, and observations. The study is both a theoretical effort to demonstrate the value of New Institutional Theory in education research and a case study which attempts to answer the question: In what ways is the elementary school constrained or enabled by the institutional nature of its creation and on-going effort to be a demonstration site for best practices for elementary level education in an urban setting? This study provides a review of literature regarding New Institutional Theory and the many issues surrounding the current accountability movement. It also suggests avenues of research, including research for education policy development that may usefully address the needs of urban education today. The author aims to provide a case study that is rich enough in detail to provoke discussion of the challenges inherent in the creation of this new educational model, the university sponsored charter school in an urban environment. The author also wishes to draw a theoretical connection between the New Institutional Theory and the dynamics of teacher practice in today's political climate. The case study exemplifies the difficulty of policy implementation when the policy is not designed inclusively. Policymakers need to be sensitive to a diversity of viewpoints and sub-cultures actively operating in the environment in order to develop policy that will build local capacity for increased learning and school improvement. / text

This study looks at the relationship between charter school presence and neighborhood quality in Los Angeles. Using data from the Los Angeles Department of Education, Zillow Real Estate, and the Los Angeles Sheriff, this paper attempts to find whether changes in charter presence influence the price of surrounding real estate or the occurrence of serious and petty crimes. The results find that charter schools tend to be associated with a decrease in home sale prices. The results on crime imply that crime increases upon the opening of charter schools, however they are statistically insignificant.

Taiwan successfully accomplished the second transfer of power in May 2008. During the presidential campaign period, one could easily discover that issues with respect to cross-strait relations always occupied the center of the attention both at home and abroad. The biggest difference on the issues of cross-strait policy between the two competing parties was regarded as conservativeness and openness. Among major proposals presented by the Kuomintang (KMT) during the campaign in 2008, the key incentive and quickest way to improve and rejuvenate Taiwan’s sluggish economy was to introduce cross-strait direct charter flights and encourage Mainland tourists to visit Taiwan. As of July 2013, there are 616 direct passenger flights flying to and from Mainland China on a weekly basis and over seven million Mainland tourists have visited Taiwan. This thesis utilized Secondary Data Analysis to investigate the negotiation process and developments of the cross-strait direct air transportation. This thesis does not aim at evaluating the comprehensive impacts of the full implementation of cross-strait direct air transportation; instead, it emphasizes the political view, policy-making considerations, and the negotiation process made by Taiwan’s ruling parties at different eras and interactions with their Mainland counterparts in an effort to offer productive recommendations for the competent authorities across the Taiwan Strait. / Taiwan successfully accomplished the second transfer of power in May 2008. During the presidential campaign period, one could easily discover that issues with respect to cross-strait relations always occupied the center of the attention both at home and abroad. The biggest difference on the issues of cross-strait policy between the two competing parties was regarded as conservativeness and openness. Among major proposals presented by the Kuomintang (KMT) during the campaign in 2008, the key incentive and quickest way to improve and rejuvenate Taiwan’s sluggish economy was to introduce cross-strait direct charter flights and encourage Mainland tourists to visit Taiwan. As of July 2013, there are 616 direct passenger flights flying to and from Mainland China on a weekly basis and over seven million Mainland tourists have visited Taiwan. This thesis utilized Secondary Data Analysis to investigate the negotiation process and developments of the cross-strait direct air transportation. This thesis does not aim at evaluating the comprehensive impacts of the full implementation of cross-strait direct air transportation; instead, it emphasizes the political view, policy-making considerations, and the negotiation process made by Taiwan’s ruling parties at different eras and interactions with their Mainland counterparts in an effort to offer productive recommendations for the competent authorities across the Taiwan Strait.

Mokslinio tyrimo problema Prieš keturis dešimtmečius Vienos konvencija dėl tarptautinių sutar-čių teisės įtvirtino, kad tarptautinė sutartis turi būti aiškinama laikantis geros valios principų, atsižvelgiant į joje vartojamų sąvokų įprastinę reikšmę sutar-ties kontekste ir atsižvelgiant į sutarties objektą bei jos tikslą. Šios taisyklės paprotinį statusą yra pripažinęs ir Tarptautinis Teisingumo Teismas. Nepai-sant to, kartais abejojama tiek dėl to, ar įmanomos aiškinimo normos, (t.y. ar ne tiksliau jas vadinti principais) tiek ir dėl jų naudingumo (t.y. ar ne geriau būtų palikti jas nerašytinėmis) – į tai dėmesį buvo atkreipusi ir pati Tarptauti-nės teisės komisija, rengusi šios taisyklės formuluotę. Kita vertus, jau sutarties rengimo metu buvo aiškūs nuomonių skirtumai dėl tarptautinių sutarčių aiški-nimo, o priėmus Konvenciją mokslinės Niuheiveno grupės atstovai prognoza-vo jos nesėkmę dėl jos „įkyrios, praktikoje nepritaikomos, konformizmo reika-laujančios pažodinio aiškinimo taisyklės.“ Šiuo požiūriu tarptautinės sutartys turėjo būti vertinamos kaip tęstinis šalių bendravimo ir bendradarbiavimo pro-cesas, kuris reikalautų į kontekstą atsižvelgti kur kas labiau nei tai numatė Vienos Konvencija, t.y. sutartis turėtų būti aiškinama siekiant nustatyti ben-druosius šalių ketinimus įsipareigoti sutartimi, o aiškinant sutartį būtina atsi-žvelgti į tarptautinės bendruomenės vertybes. Nepaisant šių akcentų, tekstas būtų išlikęs kaip reikšmingas šalių lūkesčių rodiklis:... [toliau žr. visą tekstą] / Research problem It has been four decades since conclusion of the Vienna Convention on the law of treaties. The Convention included a provision that a treaty shall be inter-preted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. The customary status of this rule has been accepted by the International Court of Justice. Disregarding that, some question whether the rules, as opposed to principles, of interpretation are possible (i.e. would that not be better not to reduce them to writing). The International Law Commission itself has com-mented on this. On the other hand, the differences concerning interpretation of treaties were apparent already at the time the treaty was drafted. When the Convention was finally adopted, a few scholars representing the so-called New Haven approach opined that they expected the Convention to fail due to its “insistent emphasis upon an impossible, comformity-imposing textuality”. In their view, conclusion of an international agreement was a continuous process of cooperation and collaboration of the parties, which required a much more detailed focus on the intentions of the parties than the Vienna Convention rule of interpretation envisaged. They called for interpretation which would search for genuine shared expectations, together with the complementary appeals for ‘supplementing’ and ‘policing’ communications in accordance with... [to full text]

This thesis examines the Safe Third Country Agreement between Canada and the United States from the perspective of Canada's obligations vis-a-vis asylum seekers under the Canadian Charter of Rights and Freedoms. The Safe Third Country Agreement requires asylum seekers to lodge their refugee claims in the first country of arrival, as between Canada and the United States. Asylum seekers on the United States side of the border who are seeking to enter Canada for the purpose of claiming refugee status will be deflected to the United States to lodge their claims there. By deflecting asylum seekers in this manner, Canada effectively conscripts the United States to carry out its obligations under the Charter to furnish procedural and substantive protections to asylum seekers. This thesis examines certain features of the United States asylum system to which asylum seekers deflected under the Safe Third Country Agreement would be subjected, in order to determine whether, according to relevant Charter jurisprudence, deflection constitutes a deprivation of security of the person under section 7 of the Charter and whether such deprivation can be justified under section 1.

No description available.

No description available.

Section 28(2) of the South African Constitution determines that every child has the right to have their best interests considered of paramount importance in all matters concerning them. Section 9 further provides that every person is considered equal before the law and has the right to equal protection and benefit of the law. Several grounds are listed relating to the unfair discrimination of persons, including their sexual orientation. The concept of care is incorporated in the Children's Act, and it entails a comprehensive description of parents' daily life regarding their children and the powers and duties expected to ensure the general protection, well–being and best interests of the child. The study aims to research the legal position when the sexual orientation of a parent is a considering factor in the granting of care, and the extent of which courts can give consideration to that factor. I commence by examining relevant national legislation relating to the concept of care and the best interests of the child standard in the Children's Act to establish how the sexual orientation of a parent is interpreted by courts in the granting of care. I then proceed to examine relevant international and regional documents to determine the relevant rights relating to the interests of children in the granting of care to a parent in divorce proceedings. I then proceed to analyse landmark cases to establish ways in which the approach of the courts regarding homosexuality have changed since the beginning of the new political dispensation in 1994. Finally a conclusion will be reached on the nature and scope of the consideration of a parent's sexual orientation in the granting of care in the South African context. / Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2012.

Section 28(2) of the South African Constitution determines that every child has the right to have their best interests considered of paramount importance in all matters concerning them. Section 9 further provides that every person is considered equal before the law and has the right to equal protection and benefit of the law. Several grounds are listed relating to the unfair discrimination of persons, including their sexual orientation. The concept of care is incorporated in the Children's Act, and it entails a comprehensive description of parents' daily life regarding their children and the powers and duties expected to ensure the general protection, well–being and best interests of the child. The study aims to research the legal position when the sexual orientation of a parent is a considering factor in the granting of care, and the extent of which courts can give consideration to that factor. I commence by examining relevant national legislation relating to the concept of care and the best interests of the child standard in the Children's Act to establish how the sexual orientation of a parent is interpreted by courts in the granting of care. I then proceed to examine relevant international and regional documents to determine the relevant rights relating to the interests of children in the granting of care to a parent in divorce proceedings. I then proceed to analyse landmark cases to establish ways in which the approach of the courts regarding homosexuality have changed since the beginning of the new political dispensation in 1994. Finally a conclusion will be reached on the nature and scope of the consideration of a parent's sexual orientation in the granting of care in the South African context. / Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2012.