Includes bibliographical references.

Note:

Thesis (LL.M.)--University of Hong Kong, 1994. / Includes bibliographical references (leaves [114]-118). Also available in print.

This thesis evaluates Canada‘s compliance with human rights-based complementary international protection. Through an analysis of the roots of international refugee protection, it first links the evolution of the latter with the development of human rights law instruments. It then defines complementary protection as the corpus of legal bases for asylum claims outside of the Convention Relating to the Status of Refugees. It uses various human rights instruments to outline international protection obligations, which take three different forms of complementary protection. The first one consists in independent protection mechanisms outside of the Refugee Convention, the most important being the formulation of non-refoulement in the Convention Against Torture. The others are rights that expand the application of existing protection mechanisms, and protection mechanisms established by the UNHCR outside of existing international treaties. This thesis argues that Canada‘s application of these norms reflects partial compliance with its obligations, as it acknowledges important humanitarian concerns regarding international protection, while attempting to preserve its prerogative to exclude individuals based on national security.

No abstract available. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

Acknowledging a relationship between international human rights and international trade law adds to the legitimacy of economic, social and cultural rights already enshrined in the Universal Declaration of Human Rights 1948. The World Trade Organization (WTO) is the central institution for international trade law and it has demonstrated a commitment to enhance human rights. This commitment has been realized through WTO efforts to enhance human dignity and eradicate poverty. These WTO efforts ought to be fostered and used to promote human rights. The purpose of this study was two fold – first, demonstrate that a relationship between international trade law and international human rights exists; and second, that this relationship is useful in promoting economic, social and cultural rights. This relationship will be examined through WTO initiatives, case studies and the Accession of the Republic of China in 2001.

This thesis assesses the usefulness of the five phase spiral model as an explanation of the changes in the Chinese government's human rights practices from the time of the "antirightist" campaign in 1957-58 to the end of 2003. Thomas Risse, Stephen Ropp and Kathryn Sikkink's spiral model focuses on the constitutive relationship between a target state and international human rights norms by exploring the influence of a transnational network promoting these norms on the human rights practices of the target state. The thesis concludes that the spiral model has provided a valid explanation for many of the changes in the Chinese government's human rights practices, and its responses to its internal and external critics, from 1957 to 2003. Many of the responses of the transnational human rights network and the Chinese government by the end of this period indicate that the latter had progressed to phase three of the model. Some aspects of the Chinese government's practices and relationships with its more powerful state critics can be better explained by the alternative explanations examined here, neorealism and modernisation theories. However, constructivist approaches, and in particular the spiral model, are more effective in explaining the developing pattern of communication about the validity of human rights norms. This thesis also concludes that the spiral model only conceptualises part of the constitutive relationship between the target state and international human rights norms - the influence of these norms on the identities, interests and behaviours of a target state. / It does not conceptualise the influence of a target state on international human rights norms or the transnational human rights network. Therefore, the spiral model cannot explain why the Chinese government has had such a significant influence over the enforcement mechanisms of these norms. An explanation for this is found instead by combining elements of neorealism and constructivism.

Acknowledging a relationship between international human rights and international trade law adds to the legitimacy of economic, social and cultural rights already enshrined in the Universal Declaration of Human Rights 1948. The World Trade Organization (WTO) is the central institution for international trade law and it has demonstrated a commitment to enhance human rights. This commitment has been realized through WTO efforts to enhance human dignity and eradicate poverty. These WTO efforts ought to be fostered and used to promote human rights. The purpose of this study was two fold – first, demonstrate that a relationship between international trade law and international human rights exists; and second, that this relationship is useful in promoting economic, social and cultural rights. This relationship will be examined through WTO initiatives, case studies and the Accession of the Republic of China in 2001.

Thesis (Ph.D.)--Bowling Green State University, 2006. / Document formatted into pages; contains vi, 334 p. Includes bibliographical references.

Magister Legum - LLM / The main objective of this paper is to explore the legal status of sodomy laws in three African states (South Africa, Zambia and Namibia) from an international human rights perspective. The paper presents an argument that sodomy laws violate a number of international human rights, most notably the right to equality or non-discrimination and the right to privacy, and that these violations cannot be justified with an appeal to the international human rights of culture and self-determination. In fact, judicial intervention to declare sodomy laws unconstitutional might even be justified purely as a principle of constitutional democracy as such. An argument to this effect is developed in section 2 of the paper.