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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
11

Domestic counter-terrorism in a global context : a comparison of legal and political structures and cultures in Canada and the United Kingdom's counter-terrorism policy-making

Alati, Daniel January 2014 (has links)
Although both Canada and the United Kingdom had experienced terrorism prior to the attacks that occurred in the United States on September 11, 2001, Roach has argued that the events of that day ‘produced a horrible natural experiment that allows us to compare how international institutions and different countries responded’. Arguably, the most significant international response post-9/11 was the United Nations Security Council Resolution 1373, which set a 90-day deadline for states to implement measures in accordance with the Resolution. Despite the fact that both Canada and the United Kingdom already had in place extensive provisions to deal with terrorism, both countries responded swiftly and their legislative responses reflect the histories and legal, political and social cultures of each country. This thesis tests the hypothesis that national security remains a bastion of national sovereignty, despite the force of international legal instruments like UN Security Council Resolution 1373 and, as such, the evolution of counter-terrorism policies in different jurisdictions is best analyzed and understood as a product of local institutional structures and cultures. To test this hypothesis, this thesis engages in comparative analyses of legal and political structures and cultures within Canada and the United Kingdom. It analyses variations in the evolution of counter-terrorism policies in the two jurisdictions and explores the domestic reasons for them. In its analysis of security certificates and bail with recognizance/investigative hearings in Canada, and detention without trial, control orders and TPIMs in the UK, this thesis reveals how domestic structures and cultures, including the legal system, the relative stability of government, local human rights culture, and geopolitical relationships all influence how counter-terrorism measures evolve.
12

The Nigeria police force : an institutional ethnography

Owen, Oliver H. January 2012 (has links)
This thesis is an institutional ethnography of the Nigeria Police Force. It concentrates on evidence from 18 months of fieldwork in one particular police station, in the pseudonymised town of Dutsin Bature in central Nigeria, and draws comparative evidence from examples and locations elsewhere in Nigeria. The fieldwork evidence is also supported by analyses of public discourse, literature reviews, some formal interviews and historical research. The thesis aims to fill a gap in empirical scholarship by looking at policing in Nigeria primarily from the level of everyday practice, and deriving understandings of the ways the overall system works, rather than by taking normative structural approaches and basing suppositions of actual behaviour upon these. It also aims to document emic perspectives on policing in Nigeria, in contrast to most existing scholarship and public discourse which takes an external perspective, from which the voices and worldviews of police themselves are absent. The thesis situates this ethnography within three theoretical terrains. First, developing understandings of policing and public security in Africa, which have often neglected in-depth studies of formal police forces. Secondly, enlarging the ethnographic study of formal institutions in African states, to develop a closer understanding of what state systems are and how they function, beyond the overtly dysfunctionalist perspectives which have dominated recent scholarship. Thirdly, informing ongoing debates over state and society in Africa, problematising understandings which see these as separate entities instead of mutually constitutive, and drawing attention to the ways in which the two interpenetrate and together mould the public sphere. The thesis begins with a historical overview of the trajectory of formal policing in Nigeria, then examines public understandings and representations of policing, before moving inside the institutional boundaries, considering in turn the human composition of the police, training and character formation, the way police officers do their work in Dutsin Bature, Nigerian police officers’ preoccupation with risk and the systemic effects of their efforts to mitigate it, and finally officers’ subjective perspectives on their work, their lived realities, and on Nigeria in an era of transition. These build together to suggest some conclusions pertinent to the theoretical perspectives.
13

Les droits de propriété intellectuelle à l'épreuve des procédures collectives / Intellectual property rights withstanding bankruptcy proceedings law

Cohen-Héliot, Inbal 07 November 2014 (has links)
Le droit des entreprises en difficulté est une branche du droit qui se place au carrefour de disciplines juridiques aussi différentes que difficilement compatibles entre elles. Régulièrement, l'ouverture d'une procédure collective touche des droits de propriété intellectuelle représentant une importante part de l'actif des entreprises quels que soient le secteur concerné et la propriété intellectuelle en cause. Cette période donne naissance à multiples conflits d'intérêts, les conceptions qui s'y opposent bien souvent antagonistes reflètent les difficultés liées au chevauchement entre les mécanismes propres aux droits de propriété intellectuelle et ceux du droit des procédures collectives. Le droit de la défaillance des entreprises se révèle « complexe » la recherche d'un équilibre n'est pas aisée, et se traduit par une « cohabitation difficile ». L'analyse des interactions entre le droit des entreprises en difficulté et les droit de propriété intellectuelle, a permis de démêler l'enchevêtrement issu des querelles de frontières entre ces deux droits. / Bankruptcy proceedings law is a branch of law that combines different legal disciplines that as different as hardly compatible with each other. More often than not, the initiation of collective proceedings affects intellectual property rights which represent a significant part of the assets of companies whatever the sector and whatever the undertakings irrespective of the sector concerned and whatever the intellectual property in question. This period gives rise to multiple conflicts of interest insofar as the opposing views reflect the difficulties related to the overlap between the mechanisms that are specific to intellectual property rights and those that are specific to Bankruptcy proceedings law. Bankruptcy law turns out to be "complex" insofar finding out a balance is not easy and reflects in a "difficult cohabitation". The analysis of the interactions between bankruptcy law and intellectual property rights helped avoiding the entanglement that resulted from border disputes between these two legal disciplines.
14

The International Criminal Court and the end of impunity in Kenya

Nichols, Lionel January 2014 (has links)
This thesis considers the extent to which the International Criminal Court's Office of the Prosecutor ('OTP') has been successful in realising its self-defined mandate of ending impunity in Kenya. In particular, it focuses on the OTP's attempts to encourage domestic investigations and prosecutions as part of its strategy of positive complementarity. This strategy has been hailed as being the best and perhaps the only way that the OTP may use its finite resources to make a significant contribution to ending impunity. Despite this, no empirical study has been published that evaluates the effectiveness of this strategy and the impact that it has on ending impunity in the targeted situation country. This thesis seeks to address this gap in the literature by conducting a case study on the OTP's implementation of its strategy of positive complementarity in Kenya following that country's post-election violence in 2007/08. In doing so, I also hope to make a modest contribution to existing debates over the effectiveness of the ICC as an institution as well as international criminal justice and transitional justice more generally.
15

Rethinking money laundering offences : a global comparative analysis

Durrieu, Roberto January 2012 (has links)
Since the late 1980s, efforts made by the international community to deal with the complex and global problem of money laundering have stimulated the creation and definition of the so-called 'international crime of money laundering', which is included in various United Nations and Council of Europe international treaties, as well as European Union Directives. The Central purpose of this thesis is to investigate if the main goal of effectiveness in the adaptation of the international crime of money laundering at the domestic level, might undermine other values that international law is seeking to protect, namely the guarantee of due process and the adequate protection of human rights principles. Then, if the adoption of any element of the crime shows to be inconsistent with civil rights and guarantees, to propose how deficiencies could be remedied.

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