This thesis explores a conception of dual sovereignty, consisting of Indigenous and state sovereignties existing and operating within the same territorial space. A dual sovereignty construct, standing in distinct contrast with the common settler-held presumption of Canadian state sovereignty and hegemony, provides a superior frame for articulating just relations between Indigenous peoples, the Canadian state, and that state’s citizens. The thesis examines the role of agreement-making in defining relations between sovereign Indigenous peoples and the state, both in treaty and non-treaty form. Focused on non-treaty agreements that pertain to land and resources in the province of British Columbia, a case study approach reveals a congruence of several such agreements with elements of a dual sovereignty construct. Some of the agreements exhibit substantial compatibility with a dual sovereignty concept, with dialogical forms of recognition and a well-articulated Indigenous land-use vision and worldview built into the agreement-making process. Those agreements centered on land-use planning seem particularly well equipped to embrace a more dialogical process that creates space for an Indigenous vision, and allows Indigenous Nations to expand their institutional and structural power meaningfully in relation to the state. Agreements designed primarily to help manage the state-driven consultation processes that are required under Canadian state law seem inherently monological by contrast, providing only a restricted space for increased institutional or structural power of Indigenous peoples. / Graduate

Established in 1998, the permanent International Criminal Court (ICC) presents fundamental complexities for the concept of state sovereignty, while raising prospects for progressively developing international law and global governance in human security related areas. The Court's distinct history, negotiation and governance properties have significance well beyond international criminal justice. The ICC has broader implications for emerging forms of multilateral and transnational cooperation, the heightened standing and visibility of the individual person within the regulatory and protective precincts of international law, and the evolving role, capacity and disposition of the state in brokering, implementing and enforcing innovative governance arrangements. These analyses cross a number of sub-fields within international relations and global governance scholarship. A transcending dimension of my theoretical approach and intended contributions is the idea of state sovereignty as a meta-constitutive institution that fundamentally structures international law and politics, but is itself subject to subtle normative changes in its qualitative meanings and implications. As an institutional fulfillment of the post-Second World War proceedings at Nuremberg, the ICC strikingly departs from the conventional inter-national law of states. The Court seeks to uphold individual-focused human rights and humanitarian law safeguards, as reflected by the three crimes within its jurisdiction: genocide, war crimes, and crimes against humanity. Its jurisdiction over individual offenders is equally novel. The ICC is 'complementary' to national justice systems, and thus will directly administer justice only when states are demonstrably 'unwilling or unable' to conduct genuine proceedings. This distinct supranational governance format aims to facilitate national legislative and capacity-building measures to enhance the vigilance and effective functioning of domestic legal systems. The Court is the permanent organizational and normative focal point of an emerging program of enforcement and supporting efforts. More broadly, it contributes to the normative ideal and practical realization of a comprehensive and integrated global human security agenda. / Thesis / Doctor of Philosophy (PhD)

This paper is a project based on a theoretical approach, where my aim is to search for the core elements of a viable feminist cosmopolitan ethics.  To further that purpose I identify, discuss, and compare some of the main components of such an ethics as proposed by political theorists Seyla Benhabib and Iris Marion Young.  In doing so I hope to contribute to the ongoing project of cosmopolitan feminism.  My task in this project is to answer the following questions; what are the main components of Seyla Benhabib and Iris Marion Young´s feminist cosmopolitan ethics? Second; where do Benhabib and Young stand with regards to the relationship between the principle of state sovereignity and the human right to membership? Finally, based on a comparative reading of Benhabib and Young´s theories I ask; what should be some of the core elements of a viable feminist cosmopolitan ethics? I argue that for a feminist cosmopolitan ethics to be considered viable, it must carry within itself an impetus towards increased respect for the basic human rights of the 64.9 million persons that are currently displaced due to conflicts, war, persecutions and human rights violations.  Following a comparative reading of some of the main components of Seyla Benhabib and Iris Marion Young´s cosmopolitan ethics, I promote a vision of feminist cosmopolitan ethics that carries within itself the hope that is inherent in the promise of human rights, while at the same time offering the tools that are necessary to identify and rectify the structural injustices exprssed in the status and real-life situations of the 64.9 million persons that are currently displaced due to conflicts, war, persecutions, and human rights violations.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2016-09-26T13:14:22Z No. of bitstreams: 1 Roberta Maria Fattori.pdf: 1422560 bytes, checksum: 3d0cfbe908b93d2bb19d5bf962805fa7 (MD5) / Made available in DSpace on 2016-09-26T13:14:22Z (GMT). No. of bitstreams: 1 Roberta Maria Fattori.pdf: 1422560 bytes, checksum: 3d0cfbe908b93d2bb19d5bf962805fa7 (MD5) Previous issue date: 2016-04-25 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / Conselho Nacional de Desenvolvimento Científico e Tecnológico / This dissertation work has as main objective the identification of protective guardianship and autonomy of indigenous peoples present in the Federal Constitution of 1988 and the infra-constitutional norms and international standards. To this end, part of the detailed research on Social Rights and historic legislation on the rights of Brazilian Indians, from the colonial period to the enactment of the current Constitution. That way, followed by the study of state sovereignty on indigenous peoples, focusing on the controversy regarding the reception of the figure the government framework to the Indians by the current Constitution as well as the social security system, especially Social Security Social, using as a model the wage maternity benefit the least Indian of sixteen / O presente trabalho de dissertação tem como principal objetivo a identificação das tutelas de proteção e da autonomia dos povos indígenas constantes na Constituição Federal de 1988, bem como nas normas infraconstitucionais e internacionais. Para tanto, parte da detalhada pesquisa consiste nos Direitos Sociais e na histórica da legislação relativa aos direitos dos índios brasileiros, desde o período colonial até a promulgação do atual texto constitucional. Dessa forma, seguiu-se o estudo sobre a soberania do Estado sobre os povos indígenas, tendo como foco a polêmica quanto à recepção da figura da tutela estatal aos índios pela vigente Carta Magna e, também, quanto ao Sistema de Seguridade Social, em especial a Previdência Social, utilizando como paradigma o benefício do salário maternidade à índia menor de dezesseis anos

This paper is characterized as a critical case study aimed to scrutinize the continuous situation regarding Syrian refugees in Lebanon from an ethical theoretical approach. Mainly, two specific theoretical models regarding ethics in migration and a theoretical standpoint regarding ethics in migration are presented as the theoretical and scientific framework. Arash Abizadeh’s two models, known as the state sovereignty model and the liberal model are implemented in order to understand and to pinpoint the course of the Lebanese situation. Additional, Joseph Carens’ theory concerning ethics in migration is implemented parallel with the two models, to enhance the analytical tools and to introduce a normative perspective. Regarding the empirical result, three distinct perspectives are utilized in order to cope with the situation on a fair and nuanced ground. The Syrian refugees themselves, international involvement and the Lebanese government are presented as the empirical pathways throughout this paper. Concluding results of this paper tends to pinpoint uncertainty and unawareness to be the key factors in explaining the actions of the Lebanese government. Based on the theoretical framework presented in this paper, there is an established tendency to conclude that Syrian refugees has not been treated accordingly to ethical concepts. Because of the distinct ideal differences between the two theoretical models, the results tend to be more evident. The Lebanese government has initially tended to affiliate itself with the liberal model. However, as time has progressed the government has acted accordingly to the state sovereignty model, with not acknowledging ethical limitations in its decision making. While remaining in the grasp of the state sovereignty model, the government and the civil society has begun lighting sparks in actions that have been taken. These actions tend to recognize ethical limitations, thus moving Lebanon towards the liberal model, but far from being completely implemented. In summary, Lebanon’s situation has brought it to a tendency to conduct temporary policies in an increasingly permanent situation.

This thesis aims to examine the question of freedom in its relation to political authority in social contract theories of Thomas Hobbes (1588-1679) and Jean-Jacques Rousseau (1712-1778). In order to do that, discussions on human nature, evolution into political association and the foundations of legitimate governments are focused on. As the social contract theories of Hobbes and Rousseau mainly seek for rational justification of political obligation, the primary aim of this thesis is to analyze the nature of political obligation in order to discuss the relation between subject and sovereign in the framework of freedom.

<p>This paper seeks to discern the political factors that determine the results of negotiations in international cooperation. On the one hand, it makes a contribution to the broader theoretical debate on international regimes by combining regime theory and theories on globalisation into an integrated framework for the analysis of international policy results, or in this case treaties (theoretical objective). More generally, globalisation theory will help us understand why it has become important to initiate international cooperation, and regime theory to elucidate how these international cooperations emerge. To many observers, it is the large transnational corporations of the rich North, which have done best out of free trade. Through the huge influence they wield over governments at the WTO (World Trade Organisation), these corporations have won the freedom to move around the globe without restriction, making use of cheap labour, and locating wherever they can best tap into the largest and most lucrative markets. Suprastate global governance, such as the WTO and its TRIPs (Trade Related Intellectual Property Rights) regime, is the response to deal with the reality in which we live - the globalised reality. But global governance comes to a price. States have lost their supreme sovereignty in the face of globalisation and the power of the globalised economy and transnational corporations. </p><p>This paper presents evidence that it does not seem likely that the parties to both the TRIPs Agreement and the Convention on Biological Diversity, in reality, can meet the obligations set out by these two agreements. Furthermore, this study points to those negative impacts the TRIPs Agreement poses to an enhancing of biological diversity and protection of indigenous knowledge.</p>

Sedan andra världskrigets slut har internationell debatt förekommit angående hur internationellt bemötande bör ske då en främmande befolkning utsätts för våld och övergrepp av dess egen statsledning. Ofta har inom ramen för denna debatt normen om icke-intervention kommit att ställas mot ett globalt förespråkande av mänskliga rättigheter.Efter uppmaning av FN:s tidigare Generalsekreterare Kofi Annan, upprättades år 2000 International Commission on Intervention and State Sovereignty. Kommissionens arbete mynnade ut i en rapport benämnd The Responsibility to Protect, vilken syftar till att söka internationell konsensus kring möjligheten att genomföra intervention med humanitärt skydd som mål, samt rekommendationer om hur en sådan bör ske.Syftet med uppsatsen är att genom kvalitativ textanalys söka svar på i vilken omfattning rekommendationerna inom The Responsibility to Protect överensstämmer med internationellt agerande under den inomstatliga konflikten i Libyen 2011.Studiens resultat visar på att internationellt agerande från FN, dess medlemsländer samt internationella organisationer till viss del överensstämmer med rapportens förespråkade konflikthantering innan demonstrationer utbröt i Libyen. Vidare visar studien att internationellt agerande väl överensstämmer med The Responsibility to Protect´s rekommendationer, då de libyska demonstrationerna eskalerade och mynnade ut i en inomstatlig väpnad konflikt. / Since the end of the Second World War there has been an international debate on how to address conflictsituations, where foreign populations are victims of abuse by actions perpetrated by their own government. Thetraditional norm of non-intervention has been confronted with growing support of global perspectives of humanrights.After several pleas from the UN Secretary-General to form international consensus on interventions for humanprotection purposes, the International Commission on Intervention and State Sovereignty was formed in 2000.The commission’s work led to a report entitled The Responsibility to Protect. The report refers to a broadspectrum of recommendations on when and how intervention for human protection purposes should beauthorized and carried out.This study aims, through a qualitative text analysis, to find the extent to which international actions towardsLibya during 2011, complies with guidelines given within The Responsibility to Protect.The result shows partial conformable actions from international actors in an initial phase, and after Libyaprotests escaladed in early 2011, the study indicates that international measures and actions seems to reflect amajor part of recommendations given within the scope of The Responsibility to Protect.

This thesis studies the positions of the political groups in the European Parliament by examining the debates, focusing on the question of migration and more specifically on the policy of relocation of migrants. With the increasing number of people migrating into Europe, migration is an important question to study in the context of the European Union. The European Parliament consists of 200 different national parties composed in eight different political groups trying to agree upon common policies for legislation, which makes the political battle taken place in the Parliament even more interesting.    This thesis seeks to describe the positions of the groups within the Parliament by using dimensions and categories of state security vs. human security and EU-integration vs. state sovereignty. The study finds that a majority of the party groups in the Parliament emphasises further integration, however there is a more evident difference between seeing the issue of migration as a state security or a human security matter between the political groups. These findings are interesting, demonstrating that even in a sensitive issue as migration, related to states’ sovereignty, a majority seems to emphasise cooperation between states, indicating that further cooperation may be taken in other policy areas as well.    Key words: European Union, European Parliament, European integration, Migration, Security, Securitization, Human security, Human rights, State sovereignty, Dimension analysis.

This thesis analyses Treaty of Lisbon in order to reveal federalist principles contained in this new reformative treaty. This will enable to infer the impact on the sovereignty of the EU member states in case the Treaty of Lisbon would be ratified.