Research conducted in this thesis revolves around the issue of state sovereignty. More precisely, this thesis aims at examining the foreign policy of the United States of America and its impact on sovereignty of Georgia and Serbia. Different attitude towards the recognition of unilateral declarations of independence of South Ossetia and Kosovo, breakaway regions of Georgia and Serbia, by the US officials represents the starting point of this study. Following state-centric approach this thesis presents an assessment of bilateral relations between the USA and case study countries Georgia and Serbia. The purpose of this study is to enable better understanding of different approaches by the US officials towards the issue of respecting state sovereignty.

Submitted by JOSIANE SANTOS DE OLIVEIRA (josianeso) on 2019-03-13T16:37:13Z No. of bitstreams: 1 Jezreel Antonio Mello_.pdf: 883244 bytes, checksum: 0f99a54fe4e85f9d0bf75f62a017c95e (MD5) / Made available in DSpace on 2019-03-13T16:37:13Z (GMT). No. of bitstreams: 1 Jezreel Antonio Mello_.pdf: 883244 bytes, checksum: 0f99a54fe4e85f9d0bf75f62a017c95e (MD5) Previous issue date: 2018-10-30 / CAPES - Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / A presente dissertação se propõe a analisar se, na teoria da soberania de Jean Bodin, é possível identificar a existência de limitações à ação daquele que exerce a soberania em uma República. A partir da resposta a essa questão, procura-se investigar se há ou não coerência no conceito de soberania apresentado por Bodin, fundamentando-se na análise de perspectivas divergentes a esse respeito. Nesse sentido, três posicionamentos podem ser destacados entre os comentadores de Bodin. O primeiro inclui os defensores da tese que aponta uma contradição no pensamento de Bodin, uma vez que este defende uma soberania absoluta, porém não ilimitada. Numa segunda perspectiva se encontram os defensores da tese conciliadora, que sustenta a coerência da concepção de soberania bodiniana. Há também uma terceira via, composta por aqueles comentadores que defendem uma posição mista, no sentido de uma coerência parcial do conceito de soberania de Bodin. Para empreender essa pesquisa, proceder-se-á, inicialmente, a uma análise dos limites da soberania na teoria da soberania de Bodin, partindo-se de alguns conceitos-chave para a compreensão do conceito de soberania do autor, até a exposição e análise dos limites estabelecidos por Bodin ao exercício do poder soberano. Por fim, será feita uma exposição crítica desses limites, abordando os posicionamentos opostos dos comentadores que defendem a coerência ou a contradição no pensamento de Bodin, e expondo alguns elementos que poderiam indicar uma leitura conciliatória das ideias apresentadas. / The present dissertation aims to analyze if, in Jean Bodin’s theory of sovereignty, it is possible to identify the existence of limitations to the acts of that who holds the sovereignty in a Republic. As of the answer to this question, we will try to establish whether or not the concept of sovereignty presented by Bodin is coherent, based on the analysis of divergent perspectives in this regard. In this sense, three perspectives can be highlighted among Bodin's commentators. The first includes proponents of the thesis that points to a contradiction in Bodin's thinking, since he advocates for an absolute but not unlimited concept of sovereignty. In a second perspective are the proponents of the conciliatory thesis, which asserts the coherence of Bodin’s concept of sovereignty. There is also a third way, comprised by those commentators who defend a mixed position, which affirms the partial coherence of Bodin's concept of sovereignty. To undertake this research, we will initially analyze the limits of sovereignty in Bodin's theory of sovereignty, starting with some key concepts for the understanding of the author’s concept of sovereignty, then proceeding to the exposition and review of the limits established by Bodin to the exercise of sovereign power. Finally, a critical exposition of these limits will be made, addressing the opposing positions of the commentators who defend the coherence and the contradiction in Bodin's thought, and exposing some elements that could lead to a conciliatory reading of the presented ideas.

<p>In the paper different views on the question of world government and world governance are presented. I take the position that only a <em>democratic</em> world government is a desirable political goal, as it is only possible to promote individual autonomy consequently solving global problems. While accepting that there could be different answers to this condition, I analyze three approaches to the subject by Tannajo, Nielsen and Held and argue that shared sovereignty within a world federation defined by a democratic global constitution is a necessary condtion to call a world order a democratic one.</p>

In the paper different views on the question of world government and world governance are presented. I take the position that only a democratic world government is a desirable political goal, as it is only possible to promote individual autonomy consequently solving global problems. While accepting that there could be different answers to this condition, I analyze three approaches to the subject by Tannajo, Nielsen and Held and argue that shared sovereignty within a world federation defined by a democratic global constitution is a necessary condtion to call a world order a democratic one.

The central problem of the thesis is to investigate the international legal validity of the Canadian claim to the Arctic Archipelago. In order to consider the bearing on the problem of the "sector principl" the area investigated comprised the islands, waters and permanent ice lying between the the 60th and 141st meridians of west longitude extended to the North Pole, which meridians are northerly projections of Canada's easternmost and westernmost boundaries.<p> After a brief review of the facts and law surrounding the transfer of British Arctic possessions to Canada in 1870 and 1800, the international law applicable to archipelagic formations and to the acquisition of title to terrae nullius was examined. There followed, in the perspective of international law and the historical precedents, an examination of the Canadian claims to (a) the islands of the Arctic Archipelago, and (b) the adjacent waters, especially the aftermath of the two voyages of the Manhattan and the Canadian legislation of June, 1970, extending territorial waters to a breadth of twelve miles and creating a large anti-pollution zone.<p> It was concluded that Canada's claim to the islands was very strong, either under the "prescription" or the "consolidation" doctrines, especially in the absence of serious adverse claims, and in the light of a vigorous Canadian manifestation of animus occupandi for several decades, at least.<p> Although the validity of the recent Canadian Maritime claims had been questioned by the United States, it was suggested either on the basis of the "consolidation" doctrine or in view of the evolving, norms of the international law of the sea that here also Canada could make out a strong case in support of the legislation of June, 1970.

The central problem of the thesis is to investigate the international legal validity of the Canadian claim to the Arctic Archipelago. In order to consider the bearing on the problem of the "sector principl" the area investigated comprised the islands, waters and permanent ice lying between the the 60th and 141st meridians of west longitude extended to the North Pole, which meridians are northerly projections of Canada's easternmost and westernmost boundaries.<p> After a brief review of the facts and law surrounding the transfer of British Arctic possessions to Canada in 1870 and 1800, the international law applicable to archipelagic formations and to the acquisition of title to terrae nullius was examined. There followed, in the perspective of international law and the historical precedents, an examination of the Canadian claims to (a) the islands of the Arctic Archipelago, and (b) the adjacent waters, especially the aftermath of the two voyages of the Manhattan and the Canadian legislation of June, 1970, extending territorial waters to a breadth of twelve miles and creating a large anti-pollution zone.<p> It was concluded that Canada's claim to the islands was very strong, either under the "prescription" or the "consolidation" doctrines, especially in the absence of serious adverse claims, and in the light of a vigorous Canadian manifestation of animus occupandi for several decades, at least.<p> Although the validity of the recent Canadian Maritime claims had been questioned by the United States, it was suggested either on the basis of the "consolidation" doctrine or in view of the evolving, norms of the international law of the sea that here also Canada could make out a strong case in support of the legislation of June, 1970.

BACKGROUND: Indigenous populations in the United States (US) experience worse health outcomes and higher disease prevalence compared to the US all race population. The World Health Organization (WHO), Canadian research on Indigenous-specific determinants, the Harvard Project on American Indian Economic Development, and the Native Nation's Institute have all identified governance as a determinant that impacts community health and development. This dissertation explored the active and potential role of Indigenous nations' governance, since the Native nation building era commenced in the 1970s, in protecting and promoting family and community health. OBJECTIVES: The dissertation aims were to: (1) describe the state of population data for US Indigenous nations and benefits of engaging with data, data sovereignty, and data governance for US Indigenous nations, (2) outline the history and current state of tribal public health relative to other US public health systems, and (3) elucidate the assumptions and applicability of the social determinants of health framework to Indigenous health contexts. METHODS: This mixed-methods study integrated retrospective quantitative and primary quantitative and qualitative data from case studies with six reservation-based American Indian tribes with qualitative data collected in a focus group and two consensus panels of public health practitioners and scholars. RESULTS: The results by aim were: (1) self-determination with regard to health and other population data offers Indigenous nations opportunities to create and access relevant and reliable data to inform policy and resource allocations, (2) the federal government and others have not invested in tribal public health authority infrastructures in ways similar to investments made in federal, state, and local public health authorities, resulting in tribal public health systems falling below other public health authorities in function and capacity, and (3) underlying Euro-Centric assumptions imbedded in the social determinants of health framework reduce its applicability in Indigenous health contexts. CONCLUSIONS: This study contributes to understanding the roles of Indigenous nation self-determination and sovereignty in defining health to align with Indigenous philosophies of wellness. Guided by Indigenous-specific determinants of health, tribes can set community-based, culture-informed methods and metrics for establishing, monitoring, and assessing public health policies and programs to support healthy communities and families. RECOMMENDATIONS: Indigenous nations, in partnership with researchers and other governments as appropriate, should develop framework(s) for tribal health that include broad, shared, and nation-specific definitions of health, healthy families and communities, and health determinants. Federal, state, and local governments should partner with Indigenous nations to improve tribal public health infrastructures and to support tribal data sovereignty and data governance through building tribal data capacity, aligning data with tribal self-conceptions, and forming data sharing agreements.

This thesis sets out to research the phenomenon that is extraterritoriality within Americancounterterrorism, doing as such by analyzing four policy reports from four differentpresidential administrations. The purpose of this thesis is to research the evolution ofextraterritoriality within counterterrorism policy based on the knowledge that there has been achange regarding the matter, significantly following the events of the 11th of Septemberterrorist attacks in 2001. This thesis, however, researches more than merely before and afternine-eleven. By analyzing policy report from Bill Clintons, George W. Bush’s, BarackObamas and Donald Trumps administrations, the study examines the evolution ofextraterritoriality over a larger time period. The two research questions ask what the view ofextraterritoriality within American counterterrorism has been and, in what sense have changesbeen made within American counterterrorism regarding extraterritoriality.Extraterritoriality has challenged a foundational norm within the modern international worldand that is state sovereignty. Extraterritoriality can be described as one actor asserts theirjurisdiction over another actor within a specific territory of another state. In this thesis, theAmerican military base in Cuba called Guantanamo Bay will be frequently referenced to as anexample of a place where extraterritoriality is present, a so-called extraterritorial domain.In order to analyze the empirical material, a qualitative, descriptive textual analysis has beenused and dimensions have been used as an analytical tool in this thesis.The main conclusions drawn are that there has been an evolution of extraterritoriality withinAmerican counterterrorism during the time these four presidents were in office. The evolutionhas not, however, been simply linear and this study shows that extraterritoriality can bevisible in all the different policy reports. The amount of extraterritoriality noticeable andregarding which matters of extraterritoriality is the primary difference.

abstract: Scholars have diversified notions of sovereignty with indigenous frameworks ranging from native sovereignty to cultural sovereignty. Within this range, there exists only a small body of research investigating technology in relation to indigenous sovereignty, excepting the colonial implications of guns, germs, film, and literacy. Furthermore, there is a lack of inquiry on how indigenous peoples operationalize their sovereignty through designs and uses of technology that combine emerging digital media technologies, old electronic media, and traditional indigenous media. This “indigenous convolution media” leads to what is referred to in this research as Indigenous Technological Sovereignty or “Tecno-Sovereignty.” This dissertation begins to address knowledge gaps regarding the dynamic relationship between technology and indigenous sovereignty, and it posits that Tecno-Sovereignty is operationalized when indigenous groups exercise their own self-determined designs and uses of mediums and media to address their particular needs and desires. Therefore, Tecno-Sovereignty is comprised of the social, cultural, political, and economic effects of indigenous technology. This dissertation, a compendium of essays, presents an indigenous theory of media and sovereignty: defining a vision of Tecno-Sovereignty; arguing the purpose and importance of Tecno-Sovereignty; demonstrating how Tecno-Sovereignty is operationalized; and revealing capacity-building recommendations for the further development of indigenous technological sovereignty. Additionally, this research, through an exhibition of indigenous convolution media, calls attention to indigenous praxes of art, technology, and learning that are both grounded by and support the theories proposed in this research. / Dissertation/Thesis / Doctoral Dissertation English 2015

This dissertation identifies institutional positivism and historically grounded pluralism as interpretive trends in the Canadian case law on Indigenous-state relations, and explores tensions between these trends. These are tensions between practices of judicial interpretation, not between theories of interpretation or legal concepts. They are practices developed case- by-case, with interpretive trends emerging over time through series of cases addressing similar issues in related contexts. Institutional positivist approaches insist that judicial recognition of Indigenous legal orders and accommodation of Indigenous interests must take place within established constitutional forms founded on state sovereignty. Historically grounded pluralist approaches show greater willingness to balance principles of state sovereignty against principles of popular sovereignty and of Indigenous priority in Canadian territory. While the two approaches overlap significantly, their differences sometimes lead to contrasting legal conclusions on key issues of, e.g., treaty interpretation, the relationship between Indigenous legal orders and the state legal system, and the jurisdictional dimension of Aboriginal title. This dissertation examines these positivist-pluralist tensions in the context of the current period of ideological transition and rapidly evolving imaginaries of Indigenous-state relations. Chapters 1 and 2 explore the case law to highlight concrete ways in which this ideological transition finds doctrinal expression in both positivist and pluralist modes. Chapters 3 and 4 offer broader reflections on philosophical debates relating to legal positivism and the role of popular sovereignty in constitutional interpretation by Canadian courts. The final chapter then considers the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Canadian law, with a focus on implementing legislation recently adopted by British Columbia and on two recent judgments that split the Supreme Court of Canada on the proper role of the Canadian judiciary in coordinating Canadian state law with non-state legal orders (Indigenous in one case and international in the other). This concluding chapter explains how the ongoing interplay of positivist and pluralist concerns will inevitably shape the reception of UNDRIP in Canadian law and the ongoing elaboration of Canadian Aboriginal law more generally. / Graduate / 2022-08-26