Abstract: This thesis examines the foundations of individual human rights. The general thought that informs the discussion is that rights and values are two different kinds of moral discourse. Hence, any attempt to simply state rights in value terms will be problematic because the agent-relative character of values does not lend itself to grounding/ explaining interpersonal rules, like rights. The thesis outlines agent-relative values, showing their plausibility, and then proceeds to show how rights perform a different function. The attempt to move from talk about what is right to what rights we have is termed the ‘moralist fallacy’. Rights are kinds of restrictions that others face on their actions when they are promoting their own good. Axiology is about how best to achieve one’s objective agent-relative good; so values involve trade offs and calculations agents can perform about what is in their best interest, while rights are not open to trade offs and calculations because they are restrictions that agents face when they are pursuing their own good. The main problem the thesis discerns is how rights can be concerned with protecting the concerns of others when what people legitimately care about are their own concerns. Two different views of the motivational legitimacy of rights are examined—the agent well being view and the agent-recipient view. On the former, rights are motivationally appealing and justified because abiding by them can be shown to be part of what constitutes an agent’s (who is subject to abiding by rights) well being; on the latter view, abiding by rights constitutes part of the recipient’s (who has the rights) well being. Taken separately these two views are problematic. Rights legitimacy would seem to require something from both views. But since these views are contraries they do not seem open to combination either. The thesis will attempt to provide a solution to reconciling the agent well being and agent recipient views while trying to retain the nature of rights as restrictions not open to trade offs or reducible to value talk. Rights function as restrictions, but why do they function this way and how are they justified when what people are mostly concerned with is their own agent-relative good? Rights must be a separate kind of moral claim, not reducible to talk about what values we have in order for rights to have the motivational and justificatory strength they need for interpersonal validity and to resist paternalist interferences. Rights will have this strength if they are based on something that all value pursuers require—such as recognition of one’s legitimate claim to possess oneself. First possession based on first come, first serve will provide legitimacy for a system of rights because it will appeal to and motivate agents by relating rights-respect to their well being. I will argue that abiding by others’ rights is in one’s best interest because doing so is a wise choice—while one might believe that not abiding by others’ rights might give one the best outcome, one cannot be sure about this and so ought to choose to abide by rights as a general policy. Also, agents ought to make sure that they voice their concerns over rights violations of others. Even though this may not be to their immediate benefit, it is rational for agents to speak out on this issue and reinforce rights–respecting behaviour because making the system effective will ultimately be in their own long-term self-interest. The thesis also tries to make sense of how rights are compossible and when rights might face thresholds beyond which they no longer hold.

Abstract This paper examines the right to family life and how it can conflict with the child’s right to protection against harm. The paper examines how the international community views the family and what rights the family has in international law.  In addition to this, the paper also looks at the different family structure a family can have and it also examine whether there are a universal definition of family. Furthermore, the paper also talks about the children and the rights afforded to them and how the rights has developed through time. The concept of childhood is a much-debated issue. There have been debates on when the childhood begins but also on when it ends and the views of the States differs somewhat. Childhood is a concept that is heavy with different psychological, physical, religious and cultural believes and practices. When the States was working on the Convention on the Rights of the Child they had to try to consolidate the different views on both the beginning and the end of childhood but it proved to be problematic. To say that the childhood began at conception would have made the convention incompatible with the national law that allows abortion and it could therefore risk that some States did not sign the convention. They therefore made a compromise that meant that the States could keep their own definition on the beginning of childhood. The family as well as the well-being of the child is important and this is reflects in international law. This paper therefore also examines the articles in international and regional treaties concerning the family and the protection of the child.  It also examines several cases from the European Court of Human Rights to illustrate how the Court has reasoned in cases where rights of the parents has been in conflict with the children’s rights and best interest. The conclusion drawn from this paper is that no set of rights weigh more than the other. They are both very important and if it is possible, the authorities shall try to balance them with each other. They have to have both what would be best for the child and the parents right to family life in mind. Even if the authorities have to remove a child from the parents care they need to have a reunification of the family as a ultimate goal to work towards.

Abstract: This thesis examines the foundations of individual human rights. The general thought that informs the discussion is that rights and values are two different kinds of moral discourse. Hence, any attempt to simply state rights in value terms will be problematic because the agent-relative character of values does not lend itself to grounding/ explaining interpersonal rules, like rights. The thesis outlines agent-relative values, showing their plausibility, and then proceeds to show how rights perform a different function. The attempt to move from talk about what is right to what rights we have is termed the ‘moralist fallacy’. Rights are kinds of restrictions that others face on their actions when they are promoting their own good. Axiology is about how best to achieve one’s objective agent-relative good; so values involve trade offs and calculations agents can perform about what is in their best interest, while rights are not open to trade offs and calculations because they are restrictions that agents face when they are pursuing their own good. The main problem the thesis discerns is how rights can be concerned with protecting the concerns of others when what people legitimately care about are their own concerns. Two different views of the motivational legitimacy of rights are examined—the agent well being view and the agent-recipient view. On the former, rights are motivationally appealing and justified because abiding by them can be shown to be part of what constitutes an agent’s (who is subject to abiding by rights) well being; on the latter view, abiding by rights constitutes part of the recipient’s (who has the rights) well being. Taken separately these two views are problematic. Rights legitimacy would seem to require something from both views. But since these views are contraries they do not seem open to combination either. The thesis will attempt to provide a solution to reconciling the agent well being and agent recipient views while trying to retain the nature of rights as restrictions not open to trade offs or reducible to value talk. Rights function as restrictions, but why do they function this way and how are they justified when what people are mostly concerned with is their own agent-relative good? Rights must be a separate kind of moral claim, not reducible to talk about what values we have in order for rights to have the motivational and justificatory strength they need for interpersonal validity and to resist paternalist interferences. Rights will have this strength if they are based on something that all value pursuers require—such as recognition of one’s legitimate claim to possess oneself. First possession based on first come, first serve will provide legitimacy for a system of rights because it will appeal to and motivate agents by relating rights-respect to their well being. I will argue that abiding by others’ rights is in one’s best interest because doing so is a wise choice—while one might believe that not abiding by others’ rights might give one the best outcome, one cannot be sure about this and so ought to choose to abide by rights as a general policy. Also, agents ought to make sure that they voice their concerns over rights violations of others. Even though this may not be to their immediate benefit, it is rational for agents to speak out on this issue and reinforce rights–respecting behaviour because making the system effective will ultimately be in their own long-term self-interest. The thesis also tries to make sense of how rights are compossible and when rights might face thresholds beyond which they no longer hold.

Treaty 7 First Nations, who have occupied the South Saskatchewan River Basin since time immemorial, have water rights protected by s.35 of the Constitution, Treaty 7, and the Natural Resources Transfer Agreement, 1930. This thesis suggests that Alberta has devised a legal regime that circumvents the treaty relationship between the Crown and Treaty 7 First Nations. Section 52 of the Constitution and the principles of constitutionalism and the rule of law require that Crown legislation and action must be consistent with the Constitution. Because Aboriginal and treaty rights are protected under s.35(1) of the Constitution, Albertas consultation guidelines must address the protection of existing Aboriginal and treaty rights. This thesis examines whether the treaty or any subsequent Crown legislation or Crown action has extinguished the Aboriginal and treaty rights of Treaty 7 First Nations and draws the conclusion that the Aboriginal rights of Treaty 7 First Nations not only continue to exist, but are afforded additional protection by Treaty 7 and the Natural Resources Transfer Agreement. This leads to the conclusion that Albertas consultation policy fails to recognize and affirm Aboriginal and treaty rights in their entirety as they currently exist. To the extent that Albertas Aboriginal consultation policies and regulations are inconsistent with s.35(1) they are null and void.

The central objective of this study is to examine the politics and policies regarding the development and operation of Aboriginal controlled post-secondary institutions, especially First Nations initiated post-secondary institutions in Western Canada. Toward that end, this study focuses on the politics and policies regarding the development and operation of two such institutions -- the Nicola Valley Institute of Technology in British Columbia and the Saskatchewan Indian Federated College in Saskatchewan. Among the key research questions addressed by this study are the following: <ul> <li>Why have Aboriginal controlled post-secondary institutions been established? <li>What have been the general positions of the Aboriginal, federal and provincial governments on Aboriginal control of post-secondary education in Canada, and what are the key factors that account for their respective positions? <li>What is the value of Aboriginal post-secondary institutions for their respective Aboriginal and non-Aboriginal communities? <li>What is likely to happen to the existing Aboriginal post-secondary institutions over time and are any others likely to be established in the future? </ul> The key findings of this study on each of those questions can be summarized as follows. First, in terms of the factors that contributed to the creation of the Aboriginal post-secondary institutions the thesis reveals that four factors were particularly significant: (a) problems associated with the existing educational systems for Aboriginal students and educators (b) the international Aboriginal rights and self-governance movement; (c) the domestic Aboriginal rights and self-government movement; and (d) the interests of the Aboriginal, federal and provincial governments. Second, in terms of the positions of the various orders of government on the creation of such institutions this study reveals the following: (a) the general position of the Aboriginal governments has been, and continues to be, that they have both inherent and treaty rights to create and operate such institutions; (b) the general position of successive federal governments has changed from one of indifference to one of cautious support; and (c) the general position of provincial governments has varied not only from province to province but to some extent even among governments within the same province, as some provincial governments have been more proactive than others on this matter. Third, in terms of the value of Aboriginal controlled post-secondary institutions, this study reveals that they provide valuable educational opportunities for Aboriginal learners by exposing them to Aboriginal instructors, pedagogy, course content, cases, and support from elders. Fourth, in terms of the future of such institutions, the study suggests that they will continue to exist and new ones are likely to emerge because they provide an important focal point not only for the development of individuals of Aboriginal descent, but also for the development of individuals who can make a contribution to the political, economic and social development of Aboriginal communities.

Abstract The long-term development of a democratic country stems from the establishment of a civil society. The substance and functional mechanisms of a democratic system are very closely connected with the state of the legal system. When the law rests on a basis of democracy, democratic legitimacy underpins the legality of the source of the country's power. In contrast, when the law and democracy have an equivalent relationship, especially under the influence of today's international social consensus and the growing human rights consciousness and social modernization, in the developmental process of the constitutional system, with regard to the people's fundamental rights, the quality of the judicial system and the law will determine the country's ability to realize a modern welfare state and reveal the objective value of a civil society with regard to human dignity; we can then deduce the reasonableness the judicial system must show in the face of objective conditions, which is the basis for the judicial system to represent judicial justice and judicial authority. Taiwan's judicial system has undergone extremely rapid reforms in recent years. The judicial system's interpretation of constitutional principles has led to clear acknowledgement that violations of the principle of equal protection by human rights values and rights and protections suggest that the law is inadequate. This confirms the equal basis of human dignity and rights. In particular, it is necessary to construct a trial system and suit procedures befitting a democratic society. The Judicial Yuan started holding judicial reform committee conferences and national judicial reform conferences in 1993. These conferences brought judicial, prosecutorial, defense, and academic personnel together for far-ranging discussions. The conclusions of the conferences, along with specific reform measures and their timetables, will help meet the challenges of the new century and accelerate judicial reform. A pyramid-shaped suit system and court organization will realize the Judicial Yuan's role as the highest judicial agency and achieve the constitutional intent of institutionalizing the trial system. The three-stage reform framework calls for the merger of agencies and revision of laws. The reforms will also entail the transformation of a "diverse, multi-track" system into a "unified, single-track" system. After the third stage has been completed in 2010, the judicial system will have an all new look, and will be ready to safeguard the people's judicial beneficiary rights. The main purpose of this study is to explore the major changes undergone by Taiwan's judicial system in recent years. These include the change in criminal suit procedures from the traditional inquisitorial system to the improved adversarial system, which serves to strengthen protection of defendants' fundamental human rights. The thorough implementation of the assumption of innocence conforms to the world's trend towards protection of human rights. The institution of a speedy trial system improves trial efficiency. Strengthening the factual review function of the first instance, changing the purpose of the second instance to subsequent review, the use of the third instance for strict legal review, the adoption of a appeal permit system, and various systematic reforms have truly meaningful. In a time of progressive democratic reforms, the practice of law must be comprehensive, feasible, and appropriate if overall reforms are to be completed. Judicial reform can strengthen maintenance of the constitutional order and the protection of fundamental human rights. Keywords: judicial system, trial system, human dignity, fundamental human rights, adversarial system, inquisitorial system

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Overfishing of red snapper in the Gulf of Mexico has significantly increased lately. A major regulation to reduce the overfishing is Total Allowable Catches (TAC) in combination with a season closure. The restrictions on entry lead to an inefficient outcome, however, because the resource is not used by the fishermen who value it the most. As an alternative to restricting entry, transferable rights (TR) programs are being increasingly considered. Under a TR program, a market is created to trade a right to use a resource and the total benefits of the participants are maximized through such a trade. The principal objective of this dissertation is to comprehensively assess economic and biological consequences of the red snapper fishery for the TR program. To date the literature lacks sufficient discussion of how recreational TR programs would function. I, therefore, propose an economically desirable institutional framework for the TR program in the recreational fishery. I draw some lessons from hunting programs and applications of other TR programs to find better schemes for the TR program in the recreational fishery.This dissertation uses theoretical and empirical models as well as institutional settings to develop the TR program. A theoretical model is provided to investigate which unit of measurement for the TRs is preferable. For empirical models I first estimate an empirically based recreation demand that incorporates TR permit demand and then develop a simulation submodel using the estimated demand. I find price instruments, such as fees or TR programs, are very efficient to reduce fishing trips but they also lead to distributional impacts on trips by low income (or low cost) anglers. Partial simulation results indicate that an efficiency benefit of the TR program would be significant because recreational trip demand in the current closed season is not trivial. I conclude that the TR program in the recreational fishery will economically and biologically provide a great deal of merit to reduce the overfishing situation and a substantial efficiency gain to Gulf anglers. Some institutional barriers, especially from the large transaction cost can also be overcome if electronic systems or the Internet are used.

Thesis (M.S. in Defense Analysis)--Naval Postgraduate School, December 2009. / Thesis Advisor(s): Simmons, Anna. Second Reader: Lee, Doowan. "December 2009." Description based on title screen as viewed on January 27, 2010. Author(s) subject terms: Population and resource control measures, Population control, Counterinsurgency, COIN, Populationcentric COIN, Social control, Social movement theory. Includes bibliographical references (p. 51-53). Also available in print.

Thesis (M.A. in Security Studies (Far East, Southeast Asia, the Pacific))--Naval Postgraduate School, December 2009. / Thesis Advisor(s): Miller, Alice. Second Reader: Chakwin, Mark. "December 2009." Description based on title screen as viewed on January 28, 2010. Author(s) subject terms: PLA modernization, ROK-U.S. Relationship, ROK-China Relationship, Direct and Indirect Threat, Socotra Rock dispute, The Northeast Project, Taiwan issue, South China Sea dispute. Includes bibliographical references (p. 77-82). Also available in print.