[Summary]: This thesis provides a comprehensive study of OPEC. It seeks to ascertain and analyse the international legal status of OPEC and its characteristics, to examine how OPEC functions and what its stated aims and objectives are, to evaluate the performance of OPEC in the context of these objectives, and to suggest improvements for the future. OPEC was originally established in 1960 by a group of developing oil-producing countries as an institutional response to the need which they all felt to assert their independence and ensure their economic survival. In this context Part One examines and analyses the general pre-history and overall background of OPEC from a variety of different perspectives including but not limited to such relevant areas as international conflicts over the distribution of wealth and power between producers and consumers in particular, and between the developing and developed countries in general. Part Two considers the constitutional legal foundations of OPEC which are to be found in the original OPEC Resolution of 1960 and in its subsequent OPEC Statute (as amended) which defines the Organisation's aims and objectives, its internal structure, its decision-making processes, its financial resources and its dispute settlement procedures. Part Three of the thesis enlarges on this initial survey by examining OPEC's structure, composition, organs and membership in greater detail. Part Four considers OPEC's international legal status and its standing vis-a vis the larger international community and other international organisations. Part Four also considers OPEC in the context of the internationally recognised principle of a state's right to exercise permanent sovereignty over its natural resources, and therefore of the OPEC Members' rights to organise the production, marketing and pricing of their oil resources. Part Four also explores the proposition that although OPEC may not have been founded with the express contemplation of such international legal and economic milestones as the Havana Charter and the General Agreement on Tariffs and Trade (GATT) in mind, it has in fact proved to be quite consistent with International Commodity Agreements (ICAs) in more than one respect, while at the same time displaying characteristics which are uniquely different from a typical ICA. Bearing the above in mind, Parts Five and Six seek to examine OPEC's track record since its inception thirty-eight years ago. Part Five examines the decision-making processes and financial contributions in OPEC, while Part Six then focuses on OPEC's actual policies and resulting activities - and their legal significance. Finally, Part Seven is concerned with a general evaluation of the main features and relative failures and successes of OPEC up to now, as well as with a conclusion as to its future role, including - in order to enhance that role - recommendations as to how OPEC's practices and policy could perhaps be improved in the years to come. (N.B.: A more comprehensive summary appears in the Abstract on pages xi - xiv. )

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The study examines the work of the coroner. The thesis is sociological in orientation and method, drawing where necessary from other disciplines, e.g. law, philosophy. The study concentrates upon the nature of coroners' categorisations and the production of the socially recognised 'facts of sudden death'. While detailed consideration is given to the inquest and inquest verdicts, the whole range of coroners' work is examined. Differing but complementary research methods are employed to yield essentially qualitative material. Existing sociological studies, e.g. of 'official statistics' and of suicide, are evaluated. Coroners' methods of ascribing meaning to sudden death are examined. An important aim is to render processes of construction 'visible' for sociological study.Part One (Chapters One and Two) opens with a review of theoretical issues in sociology. The methodology of the study is 'located' within sociological theory. Part One continues with an historical discussion of the office of coroner, and an outline of legislation and formal medico-legal procedure.Part Two (Chapters Three, Four and Five) forms the largest section of the study, consisting of material collected by field research, i.e., interviews with the coroners of five counties, systematic observation of inquests, and unpublished/published statistics. Provisional conclusions are discussed as the study progresses, covering topics which include, inter alia: discretionary authority; the inquest as court of law; the differing perceptions of individual coroners; the relevance of historical factors; the Press; methods of constructing the verdict; the roles of doctors, pathologists and police; social control; official statistics; and historical and geographical statistical variations.Part Three (Chapters Six and Seven) draws overall conclusions about coroners' accounts of sudden death. It places coroners work within bureaucratic and ideological contexts. The work of the coroner is situated in terms of the ways society conceives of and deals with death as a whole.Two short appendices add further statistics and further methodological details.

This Master‘s paper is about problems, which arise out of jurisdiction regulation of cases with international element in national and international level. In the first part of this paper author gives a definition of international jurisdiction and discusses its significance to the recognition and enforcement of judgments. Later after having analyzed national laws of different states (Germany, France, U.K., Lithuania, etc.) and EU documents - Brussels convention (1968) and Regulation No. 44/2001, as well as some cases of Lithuanian Supreme Court, European Justice Court and USA courts and having done a sociological research of Lithuanian judges‘ opinion, detailed analysis of such problems as parallel litigation, exorbitant jurisdiction and forum shopping is given. Then author discusses how these problems can be solved and gives a way to solve each problem – respectively, lis alibi pendens, unification and forum non conveniens doctrine. Each way is seen through analysis of its advantages and disadvantages and how it can be applicable to Lithuanian civil procedure law. Research showed that national efforts to solve jurisdiction problems in the international civil procedure are not sufficient and (or) not effective. Thus first of all states must cooperate with each other and coordinate their positions.

This thesis examines the question of international responses to system criminality. It argues that the assignation of moral responsibility, expressed in the act of prosecuting individuals, expresses a fundamental conceptual shift towards an international polity. Although political rhetoric, the media and international legislation express the moral dimension of system criminality, the character of humanitarian law and the contingency of its operation is the most concrete indicator of such a development. The status of an embryonic international polity becomes particularly evident- with 'individual responsibility' being a criminally liable offence, as set against 'collective responsibility' which entails 'civil', (non-penal) liabilities. However, the principle of individual criminal responsibility, and therefore the expression of a nascent international polity, is by no means as well developed as it may appear because the moral consensus necessary to fully support this shift is still undeveloped. A thoroughly radical re-orientation to a potential international polity had not fully arrived with the Nuremberg Principles and a paucity of individual prosecutions for system crimes indicates the limits of this development. Nevertheless, the contribution to knowledge of this thesis lies in its finding that with the radical developments of criminal tribunals and the International Criminal Court there has been a qualitative shift in the structure of international legal norms.

In the 1980s, in support of the Sanctuary Movement for Central American refugees, cities across the United States began to withdraw information and resources from the boundary making processes of the federal state. Inspired in part by a 1971 initiative in Berkeley, California to provide sanctuary to soldiers refusing to fight in Vietnam, “Cities of Refuge” issued statements of non-cooperation with the Immigration and Naturalization Service (INS). They passed policies that prevented police and service providers from asking the immigration status of the people they came into contact with in the course of their daily duties, and limited information sharing with the federal authorities. Drawing on archival research and interviews, this dissertation maps the shifting meaning of Sanctuary as a constellation of practices and logics which has troubled the boundaries of national citizenship. Struggles to establish Cities of Refuge reveal the complex interplay between two different political trajectories in the United States: one deeply implicated with the state’s authority over migration controls and what Agamben has understood as the sovereign exception, and the other with city sanctuary, as a form of urban citizenship. The genealogy of city sanctuary reveals the multiple and sometimes contradictory threads or genealogies that have been woven into American citizenship over time, raising questions about the ostensibly hardened relationship between sovereignty, membership, and the nation state. Exploring the interactions between the daily practices of state institutions and Sanctuary reveals the performative aspects of exception: it is produced and maintained only through the constant repetition of discourses and practices that maintain the boundaries of citizenship and reproduce the state’s authority to control the movement of people across its border. Bringing the study of sovereignty into the city, and exploring alternative assertions of sovereignty reveals the exception not as an underlying logic, but a geographically specific, ongoing struggle.

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Where the investigation into computer-based crime occurs between two or more countries, there is a need for the two teams to understand the legal and cultural differences between them. Whilst the legal differences are written, interpreted and can be made explicit, there is less knowledge on the cultural differences between two countries, working in an emerging scientific field. The outcomes of this research directly compare the Australian and Taiwanese cultures as they apply to the field of computer forensics. As such, the most tangible outcome is a framework for Australian and Taiwanese law enforcement, forensic science community, and the court. / The suggestions for cross-cultural, cross-border and collaborative digital forensic investigations can be provided based on the discoveries of this research. This thesis essentially helps the mutual understanding between Australian and Taiwanese computer forensic investigators. The understanding is able to improve the chances of success of future cooperation between Australia and Taiwan. / Thesis (PhD)--University of South Australia, 2008.

This is a collection of essays about the restraint of trade doctrine as laid down in the courts of the United Kingdom and the British Commonwealth. Generally, I will not give an account of the restraint of trade doctrine in the United States of America, for even although each individual state (apart from the civil jurisdictions California and Louisiana) and the federation itself, has a common law system, for reasons peculiar to those jurisdictions, the restraint of trade case law there has become so vast and so confused as to be unsuitable for my purposes. More importantly, however, the common law restraint of trade doctrine in the United Kingdom and the British Commonwealth has been laid down by courts without any significant consideration of the state of the law in the United States. Davies v Davies (1887) 36 Ch D 359, 370 by contrast, the period during which the Privy Council operated as a supra national court of final appeal has resulted in considerable harmony in the doctrine within the British Commonwealth. Even now the House of Lords is influential in Australia and Canada and the influence is increasingly reciprocal. By way of an exception I will discuss the purposes of the anti-trust legislation in the United States. This is necessary because I intend to show that the common law restraint of trade doctrine was not able to be, and was never intended to be, a means of regulating the economy in contradistinction to the United States anti-trust legislation and related legislation in the British Commonwealth. This account is not merely a description of the law relating to the restraint of trade doctrine although I do purport to describe the law. There are other accounts of the restraint of trade doctrine which do that well. Accounts of the restraint of trade doctrine include: Matthews & Adler, The Law Relating to Covenants in Restraints of Trade (London, 2nd ed 1907); Sanderson, Restraint of Trade in English law (London, 1926); Heydon, The Restraint of Trade Doctrine (London, 1971); Trebilcock, The Common Law of Restraint of Trade; A Legal and Economic Analysis (Toronto, 1986); Dean, The Law of Trade Secrets (Sydney, 1990); Mehigan & Griffiths, Restraint of Trade and Business Secrets: Law & Practice (London, 2nd ed 1991); Holdsworth, History of English Law IV (3rd ed, 1945) 343-54, 373-9; VIII (2nd ed, 1937) 56-42. There are other, less detailed accounts in contract law textbooks. The purpose of this dissertation is to describe aspects of the doctrine as it developed between the medieval period and the twentieth century and then to use that account as a basis for an analysis of how the law has taken a number of paths during the twentieth century which cannot be justified by the rules and their justifications which existed in the law prior to that time. Such a development has had important consequences for the restraint of trade doctrine and even the law in general, most of which have been detrimental. I do not intend to give a continuous historical narrative covering the whole of the doctrine. The history has been described before. For example, I do not intend to give a discrete account of the process by which the absolute rule against general restraints of trade gave way to the rule of reason, although I do mention this process where relevant for other purposes. The history, so far as it is relevant, is integrated into each chapter. I will argue that historically the restraint of trade doctrine was a rule or complex of rules, of a certain form and content. The form and content of the rule are important because they bear on the meaning of the class term "restraint of trade" which is an element of the rule. The meaning of that term began to change around the year 1890. Beginning first with certain classes of trade combination, courts began to classify as restraints of trade covenants which did not in fact restrain trade. Then the courts similarly treated the exclusive dealing contract and certain forms of property transaction. Another trend in the law which added to the confusion about the meaning of restraint of trade was the failure by the courts to make definitive findings one way or another as to whether a particular covenant was in restraint of trade. The courts were then faced with a dilemma. The law required a court to refuse to enforce a covenant in restraint of trade unless the covenantee could justify the restraint by presenting evidence to the court from which the courts could assess whether or not that particular restraint was within the reason for the restraint of trade doctrine or not. Such considerations were entirely inapt in the case of covenants which, in accordance with the traditional view, did not restrain trade. Yet if the courts did not validate these contracts, catastrophic consequences would have followed for the parties to such contracts and, indeed, to contract as an institution. To solve the dilemma the courts began to interpret the famous statement of the restraint of trade doctrine by Lord Macnaghten in Nordenfelt v Maxim Nordenfelt Guns & Ammunition Co [1894] AC 535, 565 (HL) literally, rather than contextually. Ultimately this has resulted in the obscuring of the rule underlying the restraint of trade doctrine itself. There were many minor confusions along the way. It is important that the doctrine is coherent and its use consistent with its justifications because it is still a fruitful cause of legal change. In the last year the force of the rule has caused a radical restructuring of Association Football in Europe Bosman’s case. The rule has even penetrated the collective consciousness of the community at large. The broad thrust of the development and the detail will be outlined in the next thirteen chapters.

The purpose of this thesis is to examine and evaluate the present common law relating to trade unions in New Zealand. It is proposed that this examination and evaluation should not be limited to the “black-letter” law, but should take place in the wider social context of how trade union affairs, and industrial relations, are in fact conducted in this country. Where the common law is weighed in this balance and found wanting, it is intended that the possibility of statutory reform be considered.