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Crafting International Legal Orders: Horizontal Legal Integration and the Borrowing of Foreign Law in British CourtsLittlepage, Kelley 14 January 2015 (has links)
My dissertation project seeks to understand when and how do national judges play an active and significant role in how international legal orders do or do not affect their polities. Specifically, I look at when and how British judges play a role in how European Union law through the European Court of Justice and European human rights law through the European Court of Human Rights affect the British polity. These international legal orders contain both vertical and horizontal aspects. Vertical aspects include the highest court and its judges defined by the treaty, which operates as the international, hierarchical authority on the treaty and is tasked with ensuring the compliance of the member states of the treaty. Horizontal aspects include member state courts and judges who interact with other member state courts and judges as equals voluntarily to share an understanding of the law.
Britain is interesting because it may seem like a counterintuitive place to find such dynamics. Britain has a strong resistance to international authority, a deeply entrenched idea of Parliamentary Supremacy, and a dualist legal tradition where Parliament translates international law into domestic law prior to its use by the courts, which contributes to a lack of expectation of British judges engaging in international judicial activism, making Britain a hard case. In this context, we should expect that international law only matters to the extent that domestic actors are forced to incorporate it by a strong international legal order with vertical supremacy and unambiguous authority.
To the contrary, my dissertation shows that British judges are quite active in many international legal orders in ways that do not merely reflect the degree of established vertical legal authority. Through dynamics that are quite autonomous from British politicians' difficult interactions with international authority, British judges play a very active role in managing and integrating international law into British politics. To see these dynamics and understand how international law has affected British politics, we must pay special attention to horizontal legal integration. Horizontal legal integration occurs when judges intentionally and selectively borrow legal concepts and precedents from other national or international jurisdictions.
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An investigation of the usefulness of an international organization to a small island developing state : the case of Seychelles and the CommonwealthBru, Janick Beatrix Angelay 06 1900 (has links)
A major aim of many international organizations is to support development in member countries but despite the importance of this objective in international relations and international cooperation, there are surprisingly few evaluations regarding the effectiveness of development assistance as perceived by recipients. This study, which was conducted using qualitative research methods, addresses the issue as it applies to Seychelles and the Commonwealth.
The focus of the Modern Commonwealth, an association of 54 countries, is to fulfil the agenda of member countries as stated in periodic declarations of heads of states. The association has been particularly active, and vocal, in supporting small, least developed, and vulnerable states, including small island developing states.
The Republic of Seychelles, a member of the Commonwealth since 1976, is a microstate with limited resources to support national development. Relying heavily on overseas development aid, then on commercial loans, the country attained remarkable levels of socio-economic development despite reaching the verge of bankruptcy in 2008 – when help was sought from the IMF. The continued existence of deep political dissensions has also earned it the label of „unquiet islands‟.
Despite considerable support received from the Commonwealth, few individuals in positions of responsibility in Seychelles think that this assistance has had an impact on the country‟s development. Commonwealth support in areas which could potentially change the future of the islands, such as maritime boundaries and petroleum prospecting, are generally invisible to most.
It is clear that some Commonwealth assistance is visionary and sustained but according to recipients in Seychelles, the bulk of it falls short of expectations. This perception is due mostly to the inability of people in-country to connect with the Commonwealth or to understand how the Commonwealth functions.
Commonwealth officials also seem unaware of the effects of their assistance programmes on intended recipients in Seychelles.
The study reveals that communication systems that are inclusive rather than exclusive, approaches that show sensitivity to national context, and a focus on relationship-building, could improve both the content and relevance of the assistance provided by an international organization as well as recipients‟ perception of the value of this assistance. / Development Studies / D. Litt et Phil. (Development Studies)
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An analysis of South Africa's relationship with the Commonwealth of Nations between 1945 and 1961Makin, Michael Philip 04 1900 (has links)
This thesis provides a survey and an analysis of South Africa's relations with the British Commonwealth (Commonwealth of Nations) between the years 1945 and 1961. It outlines and explains the deterioration of this relationship in the context of the crisis in South Africa's foreign relations after World War II. Documentary evidence is produced to throw more light on the relationship with Britain and, to a lesser extent, other Commonwealth countries. This relationship is analysed in the context of political, economic and strategic imperatives which
made it necessary for Britain to continue to seek South Africa's co-operation within the Commonwealth.
This thesis also describes how the African and Asian influence began to be felt within the Commonwealth on racial issues. This influence was to become particularly important during the crucial period after the Sharpeville incident. The attitudes of Britain and other Commonwealth countries at the two crucial conferences of 1960 and 1961 are re-examined. The attitude of extra-parliamentary organisations in South Africa towards the Commonwealth connection is an important theme of this thesis in addition to the other themes mentioned above. It is demonstrated how Indian and African opinions became increasingly hostile towards what was seen as British and "white" Commonwealth "appeasement" of South Africa. These attitudes are surveyed in the context of an increasing radicalisation of black politics in South Africa. The movement by English and Afrikaans-speaking white South Africans toward a consensus on racial and foreign policy is also examined. Finally, the epilogue to this thesis discusses the return of South Africa to the Commonwealth in 1994. It includes a brief survey of developments in the Commonwealth attitude to South Africa since 1961. / History / D. Litt. et Phil. (History)
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Universidade na comunidadeVanin, Gerusa Rocha 20 December 2005 (has links)
Orientador: Vera Lucia Xavier Figueiredo / Dissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Educação / Made available in DSpace on 2018-08-05T19:52:33Z (GMT). No. of bitstreams: 1
Vanin_GerusaRocha_M.pdf: 746709 bytes, checksum: 53403c6eebfe0c70a8ae2ecc858338a4 (MD5)
Previous issue date: 2005 / Mestrado / Educação, Ciencia e Tecnologia / Mestre em Educação
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Administration and its personnel under the Protectorate of Oliver Cromwell, 1653-1658.Spring, Bernard January 1968 (has links)
The administrative history of the Civil Wars and Interregnum has been largely ignored and dismissed as an aberration in the main stream of development. Yet the administrative history of the period is of great interest and significance both in itself, as an integral part of one of the most vibrant periods of English history, and as a part of the general development of the nation's administrative history. However, the period of the Civil Wars and Interregnum is too large a subject to be dealt with in its entirety. Consequently, the study limits itself to a consideration of only one part--the Protectorate of Oliver Cromwell.
The administration of the years 1653 to 1658 will be dealt with in three inter-related parts. The first section sets out to establish what administrative machinery existed in these years. The preceding period of the Long Parliament, 1642-1653, discontinued the use of and even abolished some of the traditional machinery and created other new departments. This part of the paper establishes what existed under the Protectorate, when it was created, what' its purposes were and what officials were concerned with it. The dual nature of the administration of these years is established--the old traditional machinery, in various stages of use, and the new machinery organized on a Committee and Commission basis.
The second part of the paper deals with the terms of employment of the office-holders under the Protectorate. Changes from conditions of entry and service prevalent under the monarchy are noted. It is found that in general there is a marked alteration in means of payment, the exaction of fees and the nature of tenure under the Protectorate. In fact, the administration under the Protectorate can he called far more tightly controlled or centralized, and somewhat more honest and efficient.
The third and last part of the paper concerns itself with the personnel of the administration. A group of fifty-eight office-holders were found to have been particularly significant under Cromwell's administration. This Key group, selected from the ranks of the extremely important but secondary level of officials, is then analyzed to see if the nature of the group can add to an understanding of Cromwell's rule. The Key officials were found to be essentially a group of Cromwellian placemen. Analysis of geographical distribution, social origins and other factors determines that a large number of them represent a "lesser" and minor social class of men, originating from the backwaters of the English countryside.
The Cromwellian administration is found to be a transitional phase between the Republicanism of the Rump and the Restoration of the Monarchy. It was tightly controlled from the centre, by Cromwell and the Council of State, and was fundamentally efficient and free from corruption. / Arts, Faculty of / History, Department of / Graduate
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Analysis of membership education : a study of the CCF Party in B.C., 1933-1961Carle, Judith Jane January 1982 (has links)
A new Canadian political party arose out of the depression years as a protest to the economic, social and psychological conditions of that period. In 1932 the Co-operative Commonwealth Federation (CCF) was established, and the founders of this new political movement believed that their ideology of democratic socialism was the solution for the problems facing Canada. The CCF, later renamed the New Democratic Party (NDP); was a movement that offered a critique of the prevailing society, and was committed to the principles of democratic socialism. The CCF was a reform movement and a political party that challenged the prevailing Canadian ideology of capitalism, and as a result, needed to educate people to its cause.
The CCF devoted a great deal of energy and volunteer time to education of party members. It was the only political party that organized correspondence courses, established study groups, provided lengthy and detailed reading lists, published study guides for recognized political books and had six separate party newspapers in simultaneous publication. In addition, the CCF encouraged book clubs, education clubs and ran summer schools and held educational conferences.
Political scientists and historians have acknowledged for some time that the CCF in its early years held a strong belief in the necessity to educate its membership (Avakumovic, 1978; Robin, 1973; Young, 1969b; Zakuta, 1964). However, there has never been an attempt by adult educationists to study the CCF and its educational programs. The present study is an examination of the educational programs conducted by the CCF in British Columbia from 1933 to 1961.
In addition, the study is an analysis of' a shift in educational emphasis as a reform-political movement evolved into a competitive political party.
The CCF movement was avowedly educational in its early years, recognizing the need to explain democratic socialism to its new membership. Major political successes and advances during the war years swayed the CCF towards education for the general public. The post-war years were a time when the CCF evaluated its political goals and direction, as well as its commitment to education. With the "Cold-War" and the affluent fifties, the CCF swayed once again from its original ideological and educational emphasis. In the late fifties and early sixties an effort was directed to forming a new political party, which emerged in 1961 as the New Democratic Party.
This study on CCF membership education in British Columbia divides the evolution of the work into five periods. Economic and political concerns, a world war and national and provincial elections had a discernable effect on educational emphasis and programming,
The research concluded that in British Columbia the content and extent of various educational programs, activities and the literature changed during the CCF's 28 year history. The early movement years were marked by a great deal of creative activity occurring in numerous educational projects. The later years saw a political party replacing its educational emphasis with an organizational and campaign emphasis. The educational program of the CCF was very much influenced by the political concerns of the CCF as it met its political obligations, and as it responded to a changing world. / Education, Faculty of / Educational Studies (EDST), Department of / Graduate
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The Co-operative Commonwealth Federation and small business /McEachern, Cameron James January 1987 (has links)
No description available.
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Reasons for Local Smart Growth Efforts: An Evaluation of the Commonwealth Capital Program and its Outcomes in MassachusettsJia, Jia 13 May 2011 (has links)
The Massachusetts model illustrates the latest approach to smart growth - the incentive based program. This study examines the reasons for and actual outcomes of local smart growth efforts through one of the Massachusetts’ smart growth incentives - the Commonwealth Capital (CC) Program.
The main objectives of this research are built on two conceptual models through a mixed approach that combines qualitative and quantitative methods. The qualitative method is mainly utilized to evaluate the implementation of the CC program. The results indicate that the program is a good measure of municipal smart growth efforts representative of goals of the state. Communities with diverse land bases have some advantage, as a variety of zoning methods can be employed. It is not obvious that communities have changed their own zoning in response to the stimuli of the CC program.
The first model is applied through various statistical tests to investigate the relationships among the towns’ characteristics and CC data. Homeownership, education and access to the highway system are significant factors related to municipal smart growth efforts in Massachusetts. Wealth, population and quantity of open spaces are only significant for certain type of communities (e.g. maturing suburbs, developing towns etc). Municipal political preferences (e.g. forms of municipal governance, DEM/GOP preference etc) and municipal planners’ efforts have some influence on the adoptions of smart growth policies, though the specific outcomes might vary case by case.
The second model tests the statistical relationships between CC data and the Urban Sprawl in Massachusetts. The urban sprawl are defined by Urban Sprawl Indicator (USI) as the amount of residential land consumed per building permit in the five past years per community in Massachusetts. The CC scores and USIs negatively fit the regression line well, indicating that local smart growth efforts have generally controlled land consumption in the past. In particular, the USIs in developing suburbs appear more responsive to the CC data. The spatial lag model shows sprawl is a net-effect phenomena and the cluster of sprawl in a region might weaken the effectiveness of particular municipal smart growth efforts.
Lastly, this research suggests that the design of state land use policies ought to follow the nature of geographic segmentation of municipal smart growth preferences.
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Dependency and development in the garment industry: Commonwealth of the Northern Mariana IslandsHeidebrecht, Sarah E. January 1900 (has links)
Master of Science / Department of Apparel, Textiles, and Interior Design / Joy Kozar / This study examines colonization, development, and globalization in the Commonwealth of the Northern Mariana Islands (CNMI) with respect to the garment industry, the main industry of the islands. A broad-reaching analysis examined population, gender, economic factors, and import/export data in order to explore the repercussions of garment industry development and subsequent decline on the CNMI. A quantitative analysis was conducted utilizing data from the United States Census Bureau, the CNMI's Department of Commerce, and the U.S. Department of Commerce Office of Textiles and Apparel.
This research illustrates how the effects of the garment industry in small developing nations are dramatically impacted by a trade arrangement, the Multi-Fiber Arrangement (MFA), which was a protectionist measure used to restrict manufacturing of certain product through a quota system. In addition, this study reveals the economic implications and societal outcomes for the CNMI after the collapse of the garment industry as a result of the 2005 MFA phase-out. Garment production orders shifted to large producer nations once quota restrictions were no longer in place. Factory closures, lost business revenue, and a loss of manufacturing positions affecting predominantly women plagued the CNMI as well as cost-of-living increases. Federalization of the CNMI took place in 2009 which further complicated the islands’ politics and guest worker population status. Tourism is now the CNMI's chief industry although its growth is dismal and heavily reliant upon world economies. A comparison between Mauritius, another small island nation, concludes the discussion with insight on women's development and future considerations for economic growth as a means of development and dependency in the CNMI.
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Demokracie v bývalých koloniích britského impéria / Democracy in former colonies of the British EmpireLukavská, Andrea January 2010 (has links)
This final thesis examines the influence of the British Empire on the spread of democracy over the world. The British Empire is not considered to be just the exploiter but mainly as an Empire, which enforced the free trade, freedom and building the democratic institutions in the world. Thesis compares the British Empire with other European colonial powers focusing on advantages of British government and on impact of this government on former colonies. In spite of the fact that democracy was not accepted in all former British colonies, the British Empire made a great contribution to the support and expansion of the democracy and freedom in the world.
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