The focus of this study is the property rights theories tested in the context of Modern China’s rural areas. It is divided into three parts: Part I presents the theoretical framework, concepts. These form the analytical tools. Part II briefly describes the three big transformation of rural arable land ownership in modern China. This is a particular case in which the theoretical framework can be tested. In Part III of this study I apply the analytical framework developed in part I to understand the puzzles and problems described in part II. This is the application of theory to the history and reality. In this research, I show that the change of property rights is central to political, economic and social change in that particular society. As a formal institution, property rights provide an incentive or disincentive structure for a particular economy. The contrasting economic performance in modern China’s agriculture can be well explained by the underlying force— the property rights institutional arrangement. The stagnation and decline of Chinese economy and universal poverty is conditioned by the disincentive structure of the Commune System. While the specular economic growth and its relief of poverty is driven by the incentive structure of the Household Responsibility System (HRS). The success of the HRS is in that it is not only a government institutional arrangement but also a communal institutional arrangement in its origin. The rules created by the peasants themselves are legitimized by the central government as property rights. It really matter who creates the property rights and for whom. This research attempts to enrich our knowledge in social science. It challenges the conventional and standard political and economic theory used to explain Chinese puzzles in its economic growth and social development. In the theoretical sphere, it contributes mainly to the literature of Marx’s theory of property, Honoré’s concept of ownership and Ostrom’s theory of common-pool resources and institutional change. In the practical sphere, it contributes to our understanding of the radical and complex change in Modern China’s rural areas.

International law today is a discipline rife with dissensions. This is largely because international law has meant different things to different generations of scholars and nation-states. In 1996 a United States circuit court in Atlanta affirmed a civil judgment against an Ethiopian defendant in an action initiated by Ethiopian citizens for violations of that country’s law and international law. But about a decade earlier in 1984 another appeal court denied to enforce claims against Libyan and Palestinian defendants under international law because according to the court, international law is dedicated exclusively to the relationship between independent states and not their citizens. Although such different interpretations may appear startling, over the previous centuries, courts have eschewed one view while embracing the other. It is thus imperative to examine what constitutes international law or under what authority a U.S. court could challenge another state’s treatment of its own citizens, in its own land, under its own laws. The Judiciary Act of 1789 which created the Alien Tort Statute, a relatively obscure piece of legislation is at the center of these actions. But what was the original intent of the Alien Tort Statute? Is it possible to reconstruct the meaning of that statute? To answer these questions, this dissertation critically interrogated the meaning of international law and the law of nations as it existed at the time of the founding of the United States. What was called the law of nations and subsequently international law revealed multiple meanings. In unpacking the history of the Alien Tort Statute, this dissonance was reflected in the conflicts which assailed the discipline. This dissertation therefore reproduces the dissensions as it analyzes and reconstructs a hitherto unexplored front in this debacle: lawsuits filed by some Africans in the United States under the Alien Tort Statute against their leaders and corporations for egregious human rights violations in Africa. In the end therefore, the issue becomes, can justice and reparations be achieved in United States courts for human rights violations committed in Africa?

This diploma thesis deals with the theory of Francisco de Vitoria and his concept of suicide. The first part focuses on the life of the thinker himself and other historical contexts that have influenced his work. In the second part the sources and the basics of his legal theory are solved, taking special account of its rationalistic interpretation. The last part is more practical and focuses on the issue of justifying self-killing in the light of Vitoria's work.

Like consociationalism and territorial pluralism, centripetalism is a multiculturalist way of managing ethno-cultural diversity. Many scholars have examined how a consociational or territorial pluralist formula might help Turkey to resolve its long-running Kurdish problem. To date, no one has paid enough attention to the merits of centripetalism by scrutinising whether they might contribute to the solution of the problem. There is a general neglect of centripetal solution in the academic literature on Turkey's Kurdish question. As an interdisciplinary study, this thesis seeks to fill the centripetal research gap in the literature. The thesis argues that neither consociationalism nor territorial pluralism might be the optimal multiculturalist approach that Turkey should embrace in resolving its Kurdish issue. The thesis comes up with an original centripetal formula for the resolution of the issue. The proposed formula is constructed on the following three cornerstones: 1) a parliamentary system which is built on a 560-member legislature elected via an original version of the Alternative Vote Plus electoral system; 2) asymmetric territorial autonomy for each Kurdish-populated province; and 3) cultural autonomy for individual Kurds residing in the Turkish-dominated provinces. According to the thesis, this centripetal formula might enable Turkey to satisfy or begin to satisfy all main Kurdish demands, the fulfilment of which is regarded by almost all segments of Kurdish society as the basic requirement for the solution of the Kurdish problem. The formula might also create a multiculturalist Turkey less likely to witness some problematic political scenarios that would happen should the Republic establish a consociational or territorial pluralist model for the solution of the problem.

The first chapter of this thesis discusses the recent development of climate change law. It explores the reason as to why it is at the centre of a global debate, which is predominantly due the increasingly pronounced consequences of climatic changes on human society and the environment. Furthermore, it describes the most important requirements in tackling the issues presented by international climate change treaties. This includes the United Nations Framework Convention on Climate Change, acting as a base for the whole international climate change regime, the Kyoto Protocol as a legal tool with specified emission targets and most recently, the Paris Agreement, which serves as an independent international treaty however is still under the guidance of the framework convention. The author predicts that the Paris Agreement will determine the future direction of this legal field and therefore puts particular focus on this treaty in the first chapter of the thesis. The paper aims to uncover its weaknesses - questioning the enforceability of some of the measures that rely on the autonomy of states to implement and the lack of ambition in some of its targets. The second chapter expands on one of the key issues related to the main topic. The author emphasizes how the importance of environmentally friendly...

L’objectif de notre recherche est de préciser comment la conception novatrice de la science politique développée par Jean Bodin (1529/30-1596) dans sa Methodus ad facilem historiarum cognitionem(1566 ; 1572) s’inscrit dans le cadre d’un programme humaniste de restauration juridique de la «science civile». Pour cela, nous dégageons une ligne de réflexions sur cette «science» dans les œuvres de deux de ses prédécesseurs, Guillaume Budé et François Connan, qui la développent, à l’adresse des gens de justice, en élaborant un dispositif théorique, la «méthode», destiné à unifier la théorie juridique avec la connaissance pratique. Ces réflexions les amènent à ériger un nouveau paradigme du jusnaturalisme et à rétablir le droit tout entier sur la base de la droite raison, voire sur la base de la communauté de droit dominée par la seule raison: la civitas universa. Nous montrons que lorsque cette communauté est identifiée à la société mondiale de son temps, censée être régie par le ius gentiumqui incarne la raison, Bodin confère à la «science civile» un caractère politique. Le paradigme du jusnaturalisme le conduit à envisager le passage d’un état sauvage à la société humaine juridique (la communauté de droit), mais c’est la fameuse théorie de la souveraineté (summum imperium) qui permet aux magistrats des parlements d’opérer ce passage, en définissant leur pouvoir coercitif. Nous avançons que la science politique se concrétise dans la «méthode» de lecture de l’histoire et qu’elle détermine, au-delà des limites du droit, le rôle du gouvernement de la «République» comme ce qui réalise la société politique, c’est-à-dire la civitas universa régie par le ius gentium. / Our research aims to examine how the innovative conception of “political science”, developed by Jean Bodin (1529/30-1596) in his Methodus ad facilem historiarum cognitionem (1566; 1572), falls within the scope of a humanist program which restores legal science in the name of scientia civilis. We therefore propose to investigate the line of thoughts which regard the scientia civilisin the works oftwo of his predecessors, Guillaume Budé and François Connan, who develop this “science” for the sake of magistrates-judges of the Parlements by devising a “method” which intends to unify legal theory with practical knowledge. Their considerations lead them to establish a new paradigm of jusnaturalism and to re-establish, in modern times, the very notion of law on the basis of right reason, id est, on the basis of a community of laws dominated only by reason: civitas universa. We bring light to the fact that, when this community is identified with the international society of his time, supposedly ruled by the ius gentiumwhich incarnates reason, Bodin bestows upon his scientia civilis a political character. If the jusnaturalist paradigm allows him to assume the transition from a barbarous state to ahuman society, it is his famous theory of sovereignty (summum imperium) that,by defining the coercive power delegated tothe magistrates of Parlements, allowsthem to realize this transition. We propose that his “method” of reading the history enables him to materialize the political science, which determines, beyond the limits of legal science, the role thegovernment plays in realizing the human society, or in other words, the new civitas universa, governed by the ius gentium.

This thesis examines how the law dealt with international fugitives. It focuses on formal extradition and the cross-border abduction of wanted criminals by police officers and other state officials. Debates over extradition and abduction reflected important issues of state power and civil liberty, and were shaped by currents of thought circulating throughout the imperial, Atlantic, and common law worlds. Debates over extradition involved questioning the very basis of international law. They also raised difficult questions about civil liberties and human rights. Throughout this period escaped American slaves and other groups made claims for what we would now call refugee status, and argued that their surrender violated codes of law and ideas of justice that transcended the colonies and even the wider British Empire. Such claims sparked a decades-long debate in North America and Europe over how to codify refugee protections. Ultimately, Britain used its imperial power to force Canada to accept such safeguards. Yet even as the formal extradition system developed, an informal system of police abductions operated in the Canadian-American borderlands. This system defied formal law, but it also manifested sophisticated local ideas about community justice and transnational legal order. This thesis argues that extradition and abduction must be understood within three overlapping contexts. The first is the ethos of liberal transnationalism that permeated all levels of state officials in British North America/Canada. This view largely prioritised the erosion of domestic barriers to international cooperation over the protection of individual liberty. It was predicated in large part on the idea of a common North American civilization. The second context is Canada’s place in the British Empire. Extradition and abduction highlight both how British North America/Canada often expounded views on legal order radically different from Britain, but also that even after Confederation in 1867 the empire retained real power to shape Canadian policy. The final context is international law and international legal order. Both extradition and abduction were aspects of law on an international and transnational level. As a result, this thesis examines the processes of migration, adoption, and adaptation of international law.

This thesis examines how the law dealt with international fugitives. It focuses on formal extradition and the cross-border abduction of wanted criminals by police officers and other state officials. Debates over extradition and abduction reflected important issues of state power and civil liberty, and were shaped by currents of thought circulating throughout the imperial, Atlantic, and common law worlds. Debates over extradition involved questioning the very basis of international law. They also raised difficult questions about civil liberties and human rights. Throughout this period escaped American slaves and other groups made claims for what we would now call refugee status, and argued that their surrender violated codes of law and ideas of justice that transcended the colonies and even the wider British Empire. Such claims sparked a decades-long debate in North America and Europe over how to codify refugee protections. Ultimately, Britain used its imperial power to force Canada to accept such safeguards. Yet even as the formal extradition system developed, an informal system of police abductions operated in the Canadian-American borderlands. This system defied formal law, but it also manifested sophisticated local ideas about community justice and transnational legal order. This thesis argues that extradition and abduction must be understood within three overlapping contexts. The first is the ethos of liberal transnationalism that permeated all levels of state officials in British North America/Canada. This view largely prioritised the erosion of domestic barriers to international cooperation over the protection of individual liberty. It was predicated in large part on the idea of a common North American civilization. The second context is Canada’s place in the British Empire. Extradition and abduction highlight both how British North America/Canada often expounded views on legal order radically different from Britain, but also that even after Confederation in 1867 the empire retained real power to shape Canadian policy. The final context is international law and international legal order. Both extradition and abduction were aspects of law on an international and transnational level. As a result, this thesis examines the processes of migration, adoption, and adaptation of international law.

In the last 30 years many changes have taken place within the Cowlitz Indian Tribe. These changes involve the tribe’s sovereignty and have greatly impacted the emic identity of the tribe. Previous identity research with the Cowlitz predates these changes and no longer accurately describe the Cowlitz. The question for this research was how have these changes affected the emic identity of the Cowlitz today as seen in their community and interactions? And how does their identity now compare with their identity in the times of pre-contact and initial contact with whites? This research uses Manuel DeLanda’s assemblage theory to assess and compare the emic identity of the contemporary and historical tribe in terms of sovereignty, identity, and cultural rejuvenation. When the structure, relationships, activities, and purposes of the tribe and groups within the contemporary tribe were analyzed, there was a striking resemblance to the community system described in early settler journals and histories of the Cowlitz. The research was cross-sectional, including ethnographic study, interviews of tribal members, document analysis, and historical analysis. In an attempt to allow the Cowlitz people to speak for themselves rather than project ideas onto the tribe, each section of the research first allows tribal members to voice their opinions and then relies on Cowlitz voices to confirm the analysis. The final dissertation was then submitted to the tribe for comment.