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A critical evaluation on combating child sexual abuse and the limitations of international law : a case study of United Arab EmiratesAlMatrooshi, Ali Mohammed Juma Majed January 2018 (has links)
Child sexual abuse is a heinous crime. It consists of a variety of pernicious practices which include, but are not limited to, online child pornography, rape and incest. Globally, an estimated 15 million female adolescents have been coerced into sex during their lifetime, whilst the figure for boys is unknown.1 In many instances, this crime is perpetrated by those who are closest to the victims. Child victims may be severely traumatised and as a result become dysfunctional members of society. Child sexual abuse harms the very fabric of society and society thus pays a heavy price for continuing to tolerate this crime. As such, as this crime predominantly takes place behind closed doors and victims only very rarely report cases,2 a comprehensive legislative and policy approach must be adopted in order to effectively combat child sexual abuse. Legislators around the world as well as the international community must therefore make combating child sexual abuse a priority. However, the question arises whether there exist difficulties and weaknesses within international law which contribute to the persistent problem of child sexual abuse. Accordingly, this research probes whether international law accords adequate protection to the rights of the children and, if not, whether it fails to adequately protect children from sexual abuse. For this purpose, a detailed examination of relevant UAE laws is undertaken in the form of a case study. It is argued that international law has failed to clearly establish norms and also lacks enforcement mechanisms. The main international instrument, the Convention on the Rights of the Child, fails to determine the age of the child. Instead, it empowers domestic law to do this. Other shortcomings also limit the effectiveness of international law, particularly implementation issues. In the context of the UAE, the fundamental problem is that cultural values entrenched in Islamic criminal and family law have not shown an understanding of the child sexual abuse paradigm. Instead, the honour ideology has been reinforced.
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Diplomatic immunities ratione materiae under the Vienna Convention on Diplomatic Relations : towards a coherent interpretationShi, Xinxiang January 2018 (has links)
Rules of diplomatic immunity, which nowadays are enshrined in the Vienna Convention on Diplomatic Relations, play an important role in interstate diplomacy because they ensure the efficient performance of diplomatic functions. This thesis investigates a particular form of diplomatic immunity - diplomatic immunity ratione materiae. Unlike diplomatic immunity ratione personae, which pertains to the personal status of a diplomatic agent, diplomatic immunity ratione materiae depends in essence on the official nature of a particular act In practice, however, the determination of diplomatic immunity ratione materiae may meet with many conceptual and practical difficulties. For one, it is not always easy to distinguish the official acts of a diplomatic agent, who represents the sending State in the receiving State, from his or her private acts. In case of disagreement between the two States, questions may also arise as to who has the authority to make a final determination. The Vienna Convention does not offer much guidance on these issues; on the contrary, the Convention complicates them by employing, without adequate explanation, distinct formulas for different kinds of diplomatic immunity ratione materiae. This thesis examines these formulas in detail. On a general level, it is submitted that diplomatic immunity ratione materiae for certain types of activity constitutes not only a procedural bar to court proceedings but also a substantive exemption of individual responsibility. More specifically, it is argued that each formula must be understood in the light of the rationale behind immunity, the type of immunity concerned, and the specific functions or duties performed. In case of controversy, weight should be given to the opinion of the sending State, although the authority to make a decision lies ultimately with the court of the receiving State.
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International commercial arbitration and public policy : with principal reference to the laws of Australia, France, Switzerland, the United Kingdom and the United States.Tarlinton, John January 2003 (has links)
University of Technology, Sydney. Faculty of Law. / The paper examines the evolution of the recognition and enforcement of "foreign" arbitral awards prior to the introduction of the various international arbitration conventions by referring to court decisions of the relevant countries, primarily the United States and the United Kingdom. The scope and importance of the New York Convention will be canvassed, with specific reference to cases. The Dissertation traces the evolution of judicial and legislative attitudes towards arbitration (in particular, the issue of arbitrability), from the original position of antipathy towards arbitral processes, to the active promotion of arbitration and a "hands-off" approach to its processes by legislators as well as courts. The introduction of the arbitral process to developing countries will be discussed in the context of some recent controversial arbitrations in Indonesia and Pakistan. Public policy as the criterion for the enforcement of awards by national courts will be discussed and relevant authorities referred to. The reasoning adopted by courts in this area will be examined and discussed. The paradigm shift in the enforcement of awards and the leeway granted within the parameters of the arbitral decision making process will be highlighted by two case studies. Both demonstrate clearly the current negation of public policy considerations. The first is a decision of the English Court of Appeal which was mirrored by a subsequent arbitration awardin 'which the discarding of public policy considerations was particularly remarkable as constitutional issues were involved, which normally would have given rise to the expectation of deliberations as to the notions of public policy. NOTE CONCERNING "UNITED KINGDOM" AND "ENGLISH" LAW The title of the Dissertation inter alia refers to the " ... laws of ... the United Kingdom." Within the text, there are references to both the "United Kingdom" and "England." The constitutional and legislative position in the United Kingdom is perhaps more complex than in other jurisdictions and a brief outline is necessary. United Kingdom Parliament Parliament is called the "Parliament of the United Kingdom of Great Britain and Northern Ireland." (Great Britain is comprised of England, Scotland and Wales). The United Kingdom Parliament comprises the monarch, the House of Lords and the House of Commons. Until relatively recently, Parliament was regarded as the supreme law-making body within the United Kingdom; however, European Community law is now paramount within the United Kingdom's constitutional framework. The legislation of the United Kingdom Parliament is presumed to apply to the whole of the United Kingdom, although there can be an express or implied exclusion of a part of the United Kingdom from the operation of a particular Act. Legal systems England and Wales have the one legal system. As from the Sixteenth Century, "English law" has prevailed in Wales. Scotland has a distinct legal system and its own courts, with, in civil matters, rights of appeal to the Appellate Committee of the House of Lords. Northern Island also has its own courts, with rights of appeal to the House of Lords in both civil and criminal matters. Devolution The United Kingdom Parliament has legislated for the devolution of power to regional assemblies - to the Scottish Parliament, the Northern Island Assembly and the National Assembly for Wales. The Scottish Parliament has the power to pass primary legislation, subject to certain subject matters being reserved by the United Kingdom Parliament. The Northern Ireland Assembly also has power to enact primary legislation, but the Northern Ireland Assembly is also presently suspended. The National Assembly for Wales has no power to enact primary legislation - that power remains with the United Kingdom Parliament. Consequently, at present, the Scottish Parliament alone has power to pass legislation which has equal force to that of the United Kingdom Parliament. Dissertation In relation to the expressions used in the Dissertation; generally, references to legislation will be referred to as United Kingdom legislation, as Parliament is the United Kingdom Parliament. It should also be noted that it is the United Kingdom which is the contracting State to the New York Convention. References to decisions of the House of Lords and the Court of Appeal will be described as "United Kingdom" and "English" decisions respectively. As noted above, whilst each of Scotland and Northern Ireland has its own courts, there are rights (in the case of Scotland, in civil matters only). of appeal to the House of Lords. The House of Lords, consequently, hears appeals from the whole of the United Kingdom. The English Court of Appeal is the Court of Appeal for the unitary system of England and Wales. Given that "English law" was historically also the law of Wales, it is more appropriate to refer to decisions handed down by it as "English" decisions. Decisions of other Courts (such as Queen's Bench and Chancery) will also be referred to as "English" decisions.
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The Influences on and Effectiveness of Environmemntal Policy-Making and Implementation in Japan: The Issue of Wildlife PreservationDanaher, Mike, n/a January 2004 (has links)
This dissertation provides a descriptive-analytic study of the reasons and influences underlying Japan's less than progressive policy record on wildlife preservation, domestically and globally, since 1980. This research is important for a number of reasons, but mainly it helps us to test a number of theoretical models about: policy-making in Japan; Japanese environmental diplomacy; social movements; and corporatism. I hypothesise that apart from a common sense of purpose that binds the different policy actors together, Japan's poor record on wildlife preservation is a derivative of the way environmental NGOs have been marginalised and excluded from the policy process. This hypothesis links to Japan's public safety, and food and economic security concerns whereby these concerns tend to frame and guide policy-making on wildlife and nature issues. Using case study and participant observation methodologies to gather empirical evidence, this dissertation analyses both Japanese state behaviour towards global and domestic wildlife issues, and the changing relationships between the Japanese state, foreign pressure and environmental NGOs, in order to confirm or deny the hypothesis. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Ramsar Convention are the two environmental regimes which provide the context and issues for the analyses. The research concludes that there is convincing evidence to support the hypothesis. The research also reveals the positive, although subtle, sea changes which are occurring in Japanese environmental politics in the light of the continuing changes taking place in both Japan's broader political economy and in the international community.
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High doctrine and broad doctrine a qualitative study of theological distinctives and missions culture at Lakeview Baptist Church, Auburn, Alabama /Bush, Jeffery Scott, January 2007 (has links)
Thesis (D. Min.)--Covenant Theological Seminary, 2007. / Includes abstract. Includes bibliographical references (leaves 152-157).
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Lay leadership development in the context of church planting in California Southern Baptist churchesHulbert, Darren D. January 2004 (has links)
Thesis (D. Min.)--Dallas Theological Seminary, 2004. / Abstract. Includes bibliographical references (leaves 121-126).
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Visits: An Essential and Effective PillarPearson, Graham S., Dando, Malcolm R. 01 1900 (has links)
No description available.
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Leadership Style and Teaching Orientation of Pastors of Solo-Pastor SBC ChurchesHiggins, Victor Anthony 16 May 2011 (has links)
The purpose of this research was to analyze the relationship between the leadership style and teaching orientation of a random sample of pastors of solo-pastor churches in the SBC. The leadership styles that were analyzed were autocratic leadership and democratic leadership, as identified by Lewin (Lewin et al. 1939; Bass and Stogdill 1990). The teaching orientations that were analyzed were pedagogical orientation and andragogical orientation, as identified by Knowles (Knowles 1984; Knowles et al. 2005). This study was designed to clarify and build upon the findings of previous researchers who have examined the relationship between leadership and teaching (Ang 1984; Mattia 1991).
This research was descriptive in nature. It used a one-phase, quantitative, correlational study model (Gall et al. 2005; Leedy and Ormrod 2005). Consistent with this type of research design, the aim was to collect data pertaining to both pastors' and congregational members' perceptions of pastoral leadership style and teaching orientation, in order to better understand the extent of the relationship between the dimensions of leadership and teaching.
Specifically, through this study, the researcher sought to determine whether leadership style and teaching orientation were dependent variables, independent variables, or just related characteristics of individuals who practice both leadership and teaching. While this research study did find that a perceived change in one dimension (either leadership style or teaching orientation) did correlate to some measurable perceived change in the other dimension, the researcher concluded that leadership and teaching were largely complementary pastoral competencies, and not strictly corollary; meaning, the relationship between leadership and teaching was best expressed in quadrants, and not on a strict continuum. This research did not assess adequately whether or not a solo-pastor could either be a leader without being a teacher, or be a teacher without being a leader.
The findings of this study offer limited support for two theoretical models: Situational Leadership Theory (Hersey and Blanchard 1995; Hersey et al. 2001) and Staged Self-Directed Learning (Grow 1991). Additionally, based on the findings in this study, the researcher proposes a theoretic model of Cross-Perceptual Teaching.
KEYWORDS: ADLS, Andragogical, Autocratic, Congruency, Democratic, EDQ, EOQ, Knowles, Leadership Style, Lewin, Mattia, Molero, PADLS, PLTOQ, Pedagogical, RBLS&TOQ, Situational Leadership, Teaching Orientation.
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Climate refugees, refugees or under own protection? : A comparative study between climate refugees and refugees embraced by the United Nations Refugee ConventionClarin, Malin January 2011 (has links)
Global warming is a current topic on the international agenda. The rise of temperature in the atmosphere threatens populations living on island, deltas and coastal areas, and people living nearby the Arctic and areas covered by permafrost are threatened. In turn this leads to the people in these areas being projected to be homeless or displaced due to climate change and the rising numbers of natural disasters. Those people are what you can label as climate refugees. According to IOM and Brown (2001) climate refugees are persons who for compelling reasons of change in the environment which change their living conditions have to escape their homes, either within their country or abroad.The United Nations Refugee Convention is the binding legislation followed by 147 (in 2008) of the UN member states. Either the UN Refugee Convention or any other international law recognizes climate refugees, and those people are due to that not granted any legal status. Who will protect these people when they have to escape their homes? This paper aims to explore what distinguish climate refugees from the refugees embraced by the UN Refugee Convention by a comparative literature review, for in this way be able to recognize the assumptions that make the United Nations to not classify climate refugees with refugee status. Both groups of refugees has in common that they live under the pressured decision they have to make as they flee their native homes to ensure their own and their families survival according to Grove (2006).In the long run both climate refugees and the UN Refugee Convention embraced refugees face the same traumatic experiences escaping their homes and have due to that the similar right to get the same mental help and be protected under international law. But populations facing the effects of global warming do not want to leave their land and believe it is an issue of human rights.
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Inquiring into clearance facilitation and risk management in customs of U.S, China and TaiwanChu, Li-i 10 July 2008 (has links)
Most intensified competitions among international markets are accompanied with free trade and economic globalization. Enterprises have created a business style of ordering and manufacturing in large scale, global purchasing, zero inventory and real time producing, anticipating the Customs in response to strengthen scientific management and promote clearance facilitation.
The Customs¡¦ enforcing and advancing customs-related affairs, focuses its two main functions on anti-smuggling and tax levying. As competitions among international markets grow more and more fierce, and global trade continues to boom¡Athe business volume dealt with by the Customs increases significantly. Furthermore, to feed the state-need of international cooperation and self-development, the Customs has broadened its administrative sphere from traditional fields of anti-smuggling and tax levying to environmental protection, social security, information resources and strategic weapon proliferation. Business load as well as scope of customs custody expands, however with relatively limited and inadequate human resource. The contradictory problem has drawn a phenomenon that managing resources, executive regulations and officers¡¦ intellectual structure extremely do not accommodate.
International organization codes require the customs provide proprietors with a clearance environment of transparency, facilitation and simplification, and cut down customs-barriers which aren¡¦t necessary. Additionally, some rules in Kyoto Convention were revised to define the essence of risk management. The Customs takes the advantage of extracted information to locate the potential problem-links and then makes priority scrutiny, encouraging enterprises to comply with laws and get rewards of facilitation.
To deal with the mentioned contradictory, the Customs introduce the risk-management measure to elevate efficiency in terms of physical custody under the customs. Since Taiwan owns the membership of WTO and APEC, frequently participating global-trade activities, she is obliged to abide by all the codes and agreements stipulated by international organizations, and dedicated to world trade security and facilitation.
This study suggests Taiwan customs take the following approaches to facilitate clearance procedures¡GFirstly, make timely reviews of all regulations to determine if improper. Secondly, negotiate with concerned authorities to loosen or simplify related regulations. Thirdly, put the risk management into practice, develop scientific equipment actively, cultivate the personnel of specialty, and practice internal integrity and ethic of all the officers to decrease possible risk.
With all these done, customs clearance could be more facilitated, and the purpose of risk management to efficiently execute customs custody and anti-smuggling achieved.
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