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This thesis begins with the examination of the five multilateral space law treaties from perspectives of the developing countries. Next, the genesis and scope of international cooperation in space activities, in relation to the expectations of the developing countries is explored. / In the following two chapters the content of the principle of the common heritage of mankind in space law as well as the transfer of space technology to the developing countries is analyzed in the context of the 1982 U.N. Convention on the Law of the Sea, as amended in 1994. The legal regulation of remote sensing by satellite and the 1996 U.N. Declaration on International Cooperation are critically examined in the following two chapters. / The thesis ends with a comprehensive survey of specific requirements of developing countries in the field of space technology, with special emphasis on the needs, and possible ways to satisfy those needs, of Bosnia - Herzegovina.

There have been many cases of intrusion of civil aircraft into the airspace of foreign States. On occasion, the subjacent State has reacted by using force against such aircraft, sometimes with fatal consequences. Customary international law admits the use of force only in exceptional circumstances. As the United Nations specialized agency responsible for international civil aviation, ICAO has conducted fact-finding investigations into a number of cases of aerial shootdowns and adopted resolutions and taken decisions in this connection. Such resolutions and decisions have clearly been influenced by political factors. / The Organization has also taken specific legal and technical steps aimed at reducing the dangers to civil aircraft and their occupants arising out of an intrusion. In the legal field, its principal achievement has been the adoption in 1984 of an amendment (Article 3 bis) to the Chicago Convention which is, however, not free of ambiguities and obscurities in meaning and which, despite numerous assertions to the contrary, does not reflect the exact scope of customary international law in this area. On the technical side, the Organization has successfully developed a number of detailed provisions in Annexes to the Convention which are universally respected and accepted by its Member States.

Within the context of the current negotiations over the Free Trade Area of the Americas, there is an unquestionable need to create a system to resolve disputes that may arise between the state parties. Since new dispute settlement systems are often developed by borrowing and learning from past experiences, this thesis examines and compares certain aspects of the dispute settlement mechanisms of the World Trade Organization and certain regional and bilateral agreements signed in the western hemisphere. The result of the analysis is a set of proposals about which of these aspects could be effectively integrated into the design of the dispute settlement system of the Free Trade Area of the Americas.

In the present context of increase and liberalization of commercial exchanges, the traditional involvement of the state in the cultural sector is called into question. The negotiation and implementation of free trade agreements have met with the resistance of a number of countries, preoccupied with the potential consequences that the massive penetration of foreign symbolic products on their territory could have on their cultural identity and anxious to retain their power to regulate trade in cultural goods and services. / This Thesis discusses the place of culture within the World Trade Organization, the European Union and in the North American Free Trade Agreement. This analysis attempts to describe the negotiation techniques and strategies used by states to keep their cultural policies from falling within the free trade agreements' purview. This Thesis also describes the agreements' specific provisions that translate the achieved compromises and tries to show the tensions resulting from the difficulties to reconcile the cultural and economic objectives of nations.

Various aspects of the airline industry will have to be considered. In determining what the way forward should be, the very essence of airline transport must be laid bare. The industry will have to be classified, does it qualify as a global public good, or is it a mixed public/private commodity? What are the ill effects that this good has yielded as its by products? The aviation industry as a branch of global transportation will be examined in order to classify it. Methods of managing public goods effectively will be briefly considered. Following this will be an analysis of aviation development, the events preceding and following deregulation, the most significant player in the aviation world. Various perspectives and forms of regulation will be considered. References will be made to strict government regulation, deregulation and self regulation. This will lead to a consideration of other matters pertinent to the aviation industry e.g. health, safety, security, environmental aspects and how these should be managed. (Abstract shortened by UMI.)

This thesis focuses on the effects of American foreign policy on the “democratization” of the Middle East in the post-September-2001 period. The author examines the case of the Middle East Partnership Initiative, a democracy assistance program created in 2002 within the context of the vast democracy promotion campaign undertaken by the Bush administration in response to the attacks of September 11, 2001. Following a theoretical analysis of the elements related to the process of democratization and a retrospective of democracy promotion in the recent history of the United States, the author introduces the different aspects of President Bush's new pro-democracy rhetoric, known as the Freedom Agenda. In describing and analyzing MEPI's programs, evolution and priorities, as well as its main shortcomings and challenges ahead, the author demonstrates that the positive effects of such democratization programs are difficult to show as there have been few “real” democratic advancements in the Middle East so far. / Ce mémoire porte sur les effets de la politique étrangère américaine après le 11 septembre 2001 sur la démocratisation du Moyen-Orient. Plus particulièrement, l'auteure y examine le cas du Middle East Partnership Initiative (MEPI), un programme d'assistance à la démocratie mis en œuvre en 2002 dans le cadre de la vaste campagne de promotion démocratique de l'administration Bush, lancée peu après les événements de 2001. Après une analyse théorique des éléments reliés au processus de démocratisation et une rétrospective de la place accordée à la promotion de la démocratie dans l'historique récente des affaires étrangères des États-Unis, l'auteure introduit les différents aspects de la nouvelle rhétorique pro-démocratique de l'administration Bush, communément appelée le Freedom Agenda. En décrivant et en analysant les programmes, l'évolution et les priorités du MEPI, ainsi qu'en examinant les critiques qui lui ont été adressées et les défis que l'initiative devra affronter dans les années à venir, l'auteure réussit à démontrer que les effets positifs de ce genre de programme de démocratisation sont difficiles à prouver, les avancées démocratiques « réelles » étant peu nombreuses au Moyen-Orient à ce jour.

Aircraft leasing is a method of fleet acquisition. It was known to none at the outset of the air traffic era; as a result, international air law treaties were not formulated upon the concept that realized the practices as such. The moment international aircraft leasing materialized, many regimes of international air law became unsuited to the situation. / On the one hand, public international air law treaties have faced the problems ranging from safety oversight responsibilities and aircraft accident investigation to airport charges and criminal jurisdiction. / On the other hand, private international air law treaties have faced the problems ranging from applicability of the 1952 Rome Convention and preferential rights under the 1948 Geneva Convention to aircraft engine leasing and the idiosyncrasy of leasing transactions. / This study is not aimed at scrutinizing leasing transactions but at examining the aforementioned difficulties, especially the issues of public international air law.

The United Nations Security Council has recently imposed economic sanctions against several states with the aim to protect human rights. Before the Second World War economic sanctions had been imposed under the Covenant of the League of Nations. It was, however, only with the creation of the United Nations and the evolution of international human rights law that economic sanctions have been imposed explicitly in the name of human rights. While the Security Council has ordered economic sanctions against Iraq, Haiti and the former Yugoslavia for their human rights violations, the thesis explores the reasons why the Council has not taken similar measures against other countries with comparable human rights records and concludes that, there exists a double standard. Another important issue examined concerns the collateral consequences of economic sanctions. More often than not, it is the civilian population that ends up enduring the harsh conditions that result from the sanctions. The thesis suggests that the economic sanctions imposed for human rights purposes may in fact result in the infringement of the basic human rights of the very population that they are intended to protect.

Publicists, scholars, and practitioners of international law have yet to produce a sustained analysis of the law of war as applied to armed conflict in outer space. Though no reported cases of armed conflict in space exist, the principal spacefaring nations have contemplated space warfare for decades. Concluding that the general legal regime regulating means and methods of warfare will apply to space combat, should it occur, this thesis attempts a preliminary examination. Chapter One presents a hypothetical space warfare scenario, followed by a chapter on the history of space militarization with a review of existing (and foreseeable) technology useful for space combat. Chapter Three analyzes the international legal regime governing armed conflict, drawing conclusions for space warfare where possible. Chapters Four and Five analyze the legal regime governing the corpus juris spatialis (space law proper), as well as related treaties and instruments supplementing the legal norms for human activity in space, respectively. Chapter Six lays a foundational legal analysis for the application of the law of war to space combat, concluding with a section that addresses specific issues raised by such application.