This thesis analyses the traditional notion of jurisdiction in the light of Internet based activities which are inherently decentralised and ubiquitous. It is clear that the unique nature of the Internet has undermined the very foundation of the traditional notion of jurisdiction and the territorially based concepts of law and their application. Which court should hear disputes arising out of Internet activities? On what grounds may a court assert or decline the jurisdiction? These are perplexing questions currently facing courts worldwide because of the trans-national nature of the Internet by which people can transcend borders readily and rapidly. One simple and straightforward factor confronting lawmakers is that while most laws have a territorial nexus, the Internet defies the notion of territoriality. Traditionally, judicial jurisdiction has been exercised on a number of bases, such as where the defendant resides, whether the defendant is present within the forum and whether the defendant has property in the forum or not. These elements have been made largely irrelevant by the Internet. The Internet does not respect traditional boundaries and territories and it can even enable people to cross borders without any physical mobility. For instance, people are able to interact and even do business without revealing their identity. In the absence of any definite international law on Internet jurisdiction, how have the courts responded to this challenge? This thesis has examined the recent case law in Australia, United States of America and France. In examining the case authorities, the only conclusion that can be reached is that current court approaches are unworkable. This thesis has also examined some international proposals on the matter and found them to be deficient. Now, the dilemma before us is this: on the one hand, the present court approaches on Internet jurisdiction are unworkable. On the other hand, there is no clear international guidance to govern the jurisdictional issue. I believe this book makes a small contribution towards this perplexing question by proposing a new transnational principle which could be achieved through a "trans-national judicial dialogue". Trans-national judicial dialogue can play a significant role in the creation, recognition, and enforcement of global norms. There are a number of benefits to be gained if this approach is adopted in Internet jurisdiction cases. Ideally, trans-national judicial dialogue would reduce the conflicts among courts and foster a consensual approach, thus providing a stable and predictable paradigm for the crucial issue of jurisdiction. Moreover, the parties involved in a case would be prevented from forum shopping in search of a forum with a greater likelihood of a favourable decision. Also, courts would not be able to decline jurisdiction merely because of foreign elements involved. This may be the most appropriate global approach which is urgently required to address an increasingly global problem.

Against the Tide investigates systematically for the first time how resistances to methodologies advanced by historians associated with the Annales School, one of the most influential twentieth-century schools of historical thought, came to exist in England, France, Germany, Italy and the United States between 1900 and 1970. It defines ‘methodology' in broad terms as the practice of history and poses a series of questions about resistances: who or what created them? What constituted them? Did they centre on a particular methodology, Annales historian or the Annales School as a whole? And what did opposition to methodologies incorporate: technical debates in isolation or wider issues associated with politics, religion and philosophy? The dissertation uses an interdisciplinary conceptual framework,drawing together ideas advanced in the history of science, sociology of education and knowledge, and comparative history, in order to answer these questions. The responses offered refer to and draw on a selection of sources: one hundred and nine scholars' private archives, the articles, books, critical reviews and published letters of a variety of historians and segments of the growing literature both about the Annales School and about the institutions within which the historical discipline operated during the twentieth century. They suggest that resistances played an important part in the international dissemination of Annales historians' methodologies, that resistors held different ideas about the Annales School from those of its creators and divergent methodological commitments, but that they like Annales historians often sought to enhance historical research and sometimes worked on the same subjects but in different and occasionally equally inventive ways. Overall, the findings illustrate a limited but important part of Annales' own history and thereby help to cast the School in new light on terms other than its own by placing it in the transnational context of twentieth-century transatlantic historiography.

This thesis investigates the behavioural and interactive elements of heroin importation behaviour. Almost all heroin consumed in Australia is imported. Thus the people who conduct the importing and their behavioural characteristics are an important point of focus. The thesis argues too little is known of illegal drug importation and higher level drug deal offending beyond stereotypes and that the lack of publicly available, independent research means there is ill-informed public and political debate and a very narrow evidence-base on which policy and strategy can be based. Review of available literature led to identification of a number of gaps in knowledge about heroin imporation offending and these provided a framework for the focus of investigations. The thesis uses data triangulation to increase the validity of the findings. The findings are based on agency data and semi-structured interviews with informants in Australia, Thailand and Hong Kong. The characteristics of offenders detected importing heavy weights of heroin are contrasted with those importing lighter weights. A number of understandings arise from the findings including some that are supported by other research. As well there are a number of new findings which challenge current concepts and stereotypes and have implications for policy and strategy aimed at supply reduction. (For complete abstract open the document)

The thesis focuses on the current Malian situation, that observed a severe penetration of jihadist groups (transnational agents), and attempts to understand this phenomenon in accordance with a theoretical framework that accounts for the crisis of the concept of Westphalian state in contemporary international panorama. The analysis is structured on two levels, investigating the structural issues and the political and social mutations, both on the regional and on the state dimension.

Magister Legum - LLM / In many societies, a division between genders exist. This differentiation is attributed to a patriarchal culture which creates gender norms in sexualities.1 A set of cultural practices and expectations exist; these cultural practices and expectations assume that heterosexuality is the cornerstone of social unions - this phenomenon is known as heteronormativity.2 Heteronormativity affords that there are only two sexes with predetermined gender roles,3 creating the homophobia in societies. Human rights infringements on the basis of gender identity and sexual orientation has become noticeable across Africa.4 Homophobia in Africa is linked to the codification of laws that infringed on human rights under colonialism, which still forms part of the current norms around sexuality.5 Homosexuality is prohibited and is unlawful in most of the countries in Africa, South Africa being the only country that allows for the legal union of same-sex couples.6 There have been a number of academic texts debating the importance of culture against the right to equality in the South African context; 7 however, there is an inadequate amount of academic text available about this topic on an African level. Therefore, an ongoing debate about the protection of "sexual minorities" contrasted with the protection of cultural rights exists on an international scale. 8 The rights of sexual minorities are disregarded too often and they are often denied equal and fair access to the law. A large number of African countries believe that homosexuality is un African,9 thus choosing to exclude lesbians and gays from citizen rights. 10 Due to this belief, the practice of homosexuality in Africa is seen one that goes against the morals and values of the majority of society. This creates a stand-off between cultural rights and equality rights of sexual minorities.

For many sets of reasons, including the unequal power relationship between them and most underdeveloped states, and probably more in Africa than anywhere else in the world, non-state actors (NSAs) like states are involved in the violation of human rights. With the phenomenon of globalization, their role has become even more pronounced with some of the traditional functions of the state being performed by them, with implications for human rights, especially socioeconomic rights. Unfortunately, state-centred traditional international law has proved to be ill-equipped to hold NSAs directly accountable and liable for their violations of human rights. NSAs are only expected to adhere to non-binding voluntary standards, such as codes of conduct. Yet, if properly interpreted and enforced, the African Charter for Human and People’s Rights (ACHPR) can be relied upon to hold them accountable. Against this backdrop, the study interrogates the existing universal and regional human rights laws and systems with the view to identifying any rules, principles, case law or literature that can help hold NSAs directly accountable for human rights violations. For better advocacy and protection of human rights on the African continent, it makes a case for a paradigm shift away from a state centred to a holistic approach that would include NSAs and ensure that they are also bound to protect human rights and become accountable for their violations. / Private Law / LL.M.

For many sets of reasons, including the unequal power relationship between them and most underdeveloped states, and probably more in Africa than anywhere else in the world, non-state actors (NSAs) like states are involved in the violation of human rights. With the phenomenon of globalization, their role has become even more pronounced with some of the traditional functions of the state being performed by them, with implications for human rights, especially socioeconomic rights. Unfortunately, state-centred traditional international law has proved to be ill-equipped to hold NSAs directly accountable and liable for their violations of human rights. NSAs are only expected to adhere to non-binding voluntary standards, such as codes of conduct. Yet, if properly interpreted and enforced, the African Charter for Human and People’s Rights (ACHPR) can be relied upon to hold them accountable. Against this backdrop, the study interrogates the existing universal and regional human rights laws and systems with the view to identifying any rules, principles, case law or literature that can help hold NSAs directly accountable for human rights violations. For better advocacy and protection of human rights on the African continent, it makes a case for a paradigm shift away from a state centred to a holistic approach that would include NSAs and ensure that they are also bound to protect human rights and become accountable for their violations. / Private Law / LL.M.

Small and Medium Enterprises (SMEs) are one of the principal driving forces in the development of an economy because of its significant contribution in terms of number of enterprises, employment, output and exports in most developing as well as developed countries. But SMEs, particularly in developing countries like India, face constraints in the functional areas of technology, finance, marketing and human resources. Moreover these SMEs have been exposed to intense international competition since early 1990s because of globalisation. However, globalisation, the process of continuing integration of the countries in the world has opened up new opportunities for SMEs of developing countries to cater to wider international markets which bring out the need for these SMEs to develop competitiveness for their survival as well as growth. Subcontracting relationship of SMEs with Large Enterprises (LEs) is an important source of access to technology and other infrastructural resources for SMEs of developing countries enabling them to develop their capabilities and become competitive. In the era of globalisation, Trans National Corporations (TNCs) are expanding their production facilities to developing countries for availing the advantages of productivity and distribution more than ever and India is no exception. These TNCs which concentrate on core operations and outsource non core activities offer better scope for local SMEs to have subcontracting relationship with them. Superior work culture of these TNCs would be reflected in their subcontracting relationships with local SME suppliers since TNCs place much emphasis on their value chain to be organised according to international standards. The key issue is whether Indian SMEs have entered into subcontracting relationship with TNCs and if so what is the nature of these subcontracting relationships? Does this relationship with the TNCs offer more scope for receiving assistance of various kinds for subcontracting SMEs? What is the extent and diversity of this TNC assistance? Given the quantum of assistance, does it facilitate the innovations and economic performance of SMEs? These questions have been addressed in the study with reference to subcontracting SMEs of three major TNCs in the Indian automobile industrya Japanese TNC, a German TNC and a Swedish TNCall the three being located in Bangalore, India. A theoretical framework for subcontracting relationship between TNCs and SMEs is proposed focusing on TNC assistance, SME innovations and economic performance, based on literature review. The study is based on an Ex Post Facto Exploratory research using primary data collected from a sample of 81 SME subcontractors selected from the list of first level suppliers provided by the three TNCs. The relevant data were collected using a structured questionnaire by visiting the firms and having personal interviews with entrepreneurs/senior managers of the firms. An assessment of nature of the SME subcontractors and their subcontracting relationships with TNCs revealed that these SME subcontractors of the three TNCs are in different stages of TNCSME subcontracting relationship. The Swedish TNCSME subcontracting relationships are in the initial stage, the Japanese TNCSME subcontracting relationships are in the growing stage and German TNCSME subcontracting relationships are in an enduring stage of the relationship. Therefore they are alternatively referred to as initial stage SME subcontractors, growing stage SME subcontractors and enduring stage SME subcontractors. The assistance a subcontracting SME received from its TNC customer was measured using 20 item variables under 7 dimensions of assistance related to product, production process, managerial know-how, marketing, human resource, financial and purchase process. A model to measure the degree of assistance was formulated with these 20 item variables for measuring the seven dimensions of assistance. Confirmatory factor analysis was used to establish the validity of the model. The degree of assistance was calculated as a single summated score for each case by summing up the composite scores of the seven dimensions of assistance calculated using weighted average method. The assistance provided to SME subcontractors was more in the case of German TNC than those of Japanese TNC and Swedish TNC. Even though there was evidence of assistance from TNCs to SME subcontractors, these SMEs received more of product related and purchase process assistance whereas assistance for their production process, managerial know-how, marketing, human resource, financial requirements was not very high. This implies that subcontracting relationship of Indian SMEs with TNCs is confined more to a mere purchase supply relationship where both the parties are concerned about the basic requirements of purchase supply relationship like detailed specifications, proper feedback on product performance, advance information about future orders, preferential pricing and proper payment. Innovation of the subcontracting SMEs was measured based on six dimensions of innovation, namely, new product developments, product modifications, process improvements, informal R&D/NPD expenditure, informal R&D/NPD employees and raw material selection. Firms were classified into two groups as high innovators and low innovators based on the innovation score calculated using the six dimensions. To probe the role of TNC assistance in the innovations of subcontracting SMEs, a logistic regression analysis was performed using the equation with degree of assistance, capital and labour as explanatory variables and innovation level as criterion variable. Our analysis revealed the positive role of assistance in the innovations of SMEs. However, the positive role of this assistance was found to be decreasing as focus of our analysis shifted from the initial stage SME subcontractors to the growing stage SME subcontractors and then to the enduring stage SME subcontractors even when the assistance they received increased from one stage to the other. SME subcontractors operating in the initial stage of the relationships, who in general lack technological competence, rely more and make more use of the assistance, even when the assistance itself is low, for their innovative performance. As the relationship gets older, the SMEs may be able to enhance their inhouse competence using the assistance from the TNC and may make more use of their own resources for innovations along with the assistance from TNCs. Therefore, as SME firms begin to use more of their inhouse resources for their innovations, it is likely that the role of TNC assistance for SME innovations would decrease. Increasing positive role of labour for SME innovations as the relationship shifted from initial to enduring stages substantiate the argument of increasing utilisation of inhouse resources for innovations as relationship prolongs over a period of time. A comparative analysis of the economic performance of SME subcontractors revealed that the German subcontractors were having more labour productivity and value added to value of output and low capital productivity whereas Swedish subcontractors were having high capital productivity and low labour productivity and value of added to value of output compared to other two. In order to probe the role of degree of assistance on the economic performance of SMEs, a regression analysis was performed using the equation with degree of assistance, capital and labour as explanatory variables and value addition as criterion variable. The results revealed the contributory role of TNC assistance in the economic performance of subcontracting SMEs but this contributory role of assistance was found to be decreasing even when the assistance itself is increasing whereas the contribution of labour increased, as our analysis shifted from the initial stage to the growing and then to the enduring stage of relationships. The extent of assistance might be low at the initial stage of the relationship but the small and young SME subcontractors who in general, lack technological competence might be able to make more use of this assistance since the assistance from TNCs would be one of their major sources for technical upgradation and growth. As the relationship prolongs both contracting and subcontracting firms may rely on trust and build up close relationship which would enable the SMEs to enhance their sales to the TNC and receive more assistance. At the same time, some of the SMEs might even strengthen their inhouse resources due to TNC assistance which in turn could be further used for their economic performance. This could be the reason for the decreasing contributory role of assistance and increasing contributory role of labour for the economic performance of subcontracting SMEs as our analysis moved to more enduring relationships. Further analysis using other regression models revealed that the firms, which received more assistance from the TNC customers utilised labour more efficiently than firms which received lesser assistance. TNC assistance was found to be an important factor for the enhancement of labour productivity of subcontracting SMEs, especially for young and small firms operating in the initial stage of the relationship. The subcontracting SMEs were able to make use of the innovations which they could carry out with TNC assistance for their economic performance. Quantile regression analysis, performed to have a more comprehensive picture of the effect of degree of assistance on economic performance, revealed that that for SMEs having average factor productivities, the assistance from TNCs contributed less to their economic performance relative to those SMEs which had low and high factor productivities, respectively. Moreover, SMEs which had high factor productivities were able to make more use of their innovations for their economic performance. These findings clearly show that the TNC assistance enables subcontracting SMEs to enhance their innovations and economic performance. Initially, the SME subcontractors might receive less assistance but these SMEs who in general, have limited resources may make more use of this assistance for better performance and enhancing their internal capabilities. As the subcontracting relationship endures over a period of time, subcontracting SMEs would be able to enhance their performance and develop their internal resources which in turn could be further used for their performance. If that is so, even when the SMEs are able to receive more assistance from TNCs and deliver higher performance, the contribution of this assistance for their performance would decrease. Thus this diminishing role of assistance from TNCs in the economic performance of subcontracting SMEs supports the fact that SME subcontractors are able to improve their internal capabilities and competitiveness through long term subcontracting relationships with TNCs. An assessment of the relative importance of SME factors which encourage subcontracting of the SMEs with TNCs indicated that inhouse R&D efforts and technological capability, frequent and proper communication, financial stability, skilled manpower, reputation of the subcontracting firm etc. are the most important factors, indicating the importance of inhouse/internal resources of the subcontracting firms. An assessment of the factors with respect to improvement needed for these SMEs revealed that the entrepreneurs/managers of the SMEs had realised the need to improve their inhouse resources and develop their technological capabilities with enhanced skilled manpower and better machinery. Given the importance of internal resources of SMEs for forging subcontracting relationships with TNCs, Indian SMEs need to place utmost priority for enhancing their own technical and manpower resources. Results of our study underlines the need for a policy thrust to expand the coverage of subcontracting involving local SMEs with domestic economy based global TNCs. The promotion of linkages of SMEs with TNCs depends on two factors: (i) the availability of local SMEs who have the prerequisite capabilities in terms of quality, delivery and cost and (ii) availability of information of such SMEs and their capabilities for TNCs. This context calls for the simultaneous strategy of competitiveness enhancement of local SMEs to the required level and providing information about the available capabilities of SMEs to TNCs.

The study sought to uncover the constitution of migrant women's agency as they rebuild their lives in Australia, and to explore how contact with any publicly funded services might influence the capacity to be self determining subjects. The thesis used a framework of lifeworld theories (Bourdieu, Schutz, Giddens), materialist, trans-national feminist and post colonial writings, and a methodological approach based on critical hermeneutics (Ricoeur), feminist standpoint and decolonising theories. Thirty in depth interviews were carried out with 6 women migrating from each of 5 regions: Vietnam, Lebanon, the Horn of Africa, the former Soviet Union and the Philippines. Australian based immigration literature constituted the third corner of triangulation. The interviews were carried out through an exploration of themes format, eliciting data about the different ontological and epistemological assumptions of the cultures of origin. The findings revealed not only the women's remarkable tenacity and resilience as creative agents, but also the indispensability of Australia's publicly funded infrastructure or welfare state. The women were mostly privileged in terms of class, education and affirming relationships with males. Nevertheless, their self determination depended on contact with universal public policies, programs and with local community services. The welfare state seems to be modernity's means for re-establishing human connectedness that is the crux of the human condition. Connecting with fellow Australians in friendships and neighbourliness was also important in resettlement. Conclusions include a policy discussion in agreement with Australian and international scholars proposing that there is no alternative but for governments to invest in a welfare state for the civil societies and knowledge based economies of the 21st Century.