Thesis (M.A. in International Security and Civil-Military Relations)--Naval Postgraduate School, March 2003. / Thesis advisor(s): Maria Rasmussen, David Yost. Includes bibliographical references. Also available online.

Thesis (M.A. in International Security and Civil-Military Relations and M.A. in National Security Affairs)--Naval Postgraduate School, June 2003. / Thesis advisor(s): Donald Abenheim, Tjarck G. Roessler. Includes bibliographical references (p. 131-135). Also available online.

Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, June 2003. / Thesis advisor(s): Donald Abenheim, David S. Yost. Includes bibliographical references. Also available online.

Thesis (M.A. in International Security and Civil-Military Relations)--Naval Postgraduate School, March 2003. / "March 2003." Includes bibliographical references. Also available via the Internet.

Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, June 2003. / Thesis advisor(s): David S. Yost, James J. Wirtz. Includes bibliographical references. Also available online.

The question of the democratic deficit have been a much discussed topic in the field of European studies throughout the years. The lack of accountability in the decision-making together with lack of trust and interest from the public have created a situation where the unions democratic legitimacy has been questioned. The goal of this essay is to analyze what measures the EU have taken to restore the union’s legitimacy and in which direction it’s heading structure-wise through the recent ratification of the Lisbon Treaty and to examine if the public will be allowed to participate in the legislative process somehow. For this purpose I have used a qualitative text analysis of the democratic parts of the Lisbon Treaty to find out what reforms or changes that matter for the democratic process. Together with this I have also used Dimitris N. Chrysschoou’s four models for a democratic Europe to see in which direction the EU is going in terms of the nature of the union’s structure in order to determine the prospects of a legitimate governance. My conclusion is that although the member states after the Lisbon Treaty still enjoy much independence the EU is moving towards a more federalized governance and that the institutional reforms give good conditions for an accountable decision-making, while it’s doubtful to imagine that the reforms to increase the public’s participation will have any notable effects.

Santrauka. Dominavimo samprata pagal EB Sutarties 82 straipsnį ir jo nustatymo problematika Šiame magistro darbe nagrinėjama Europos Bendrijos konkurencijos teisėje įtvirtinta dominuojančios padėties koncepcija. Darbo tikslas – atskleisti dominavimo sampratos bei nustatymo ypatumus, identifikuojant dažniausiai sutinkamas problemas. Išskiriami tokie dominavimo tipai, kaip vienasmenis dominavimas, kolektyvinis, bei superdominavimas. Ypatingas dėmesys skiriamas dominavimo koncepcijos plėtojimo tendencijoms, atsižvelgiant į šiuo metu Komisijos pradėtą EB Sutarties 82 straipsnio reformą. Darbe koncentruojamasi į Bendrijos teismų bei Europos Komisijos suformuluotą praktiką šia tema bei galimus taikymo praktikos pasikeitimus. Tačiau kartu vertinamos ir Lietuvos konkurencijos teisėje nusistovėjusios taisyklės, kurios reglamentuoja ūkio subjektų dominavimą. Atsižvelgiant į tai, kad Lietuva yra įsipareigojusi suderinti savo nacionalinę teisę su Europos Bendrijos acquis communautaire, įskaitant ir konkurencijos teisės taisykles, siekiant įvertinti, ar Lietuvoje galiojančios konkurencijos teisės normos atitinka Europos Bendrijos taisykles dominavimo padėties aspektu. / Summary. Dominance Under Article 82 of the EC Treaty and the Problems of Its Finding This study is devoted to the analysis of the conception of dominance in the European Community competition law. The objective of this study is to ascertain the main features of the aspects of dominance, including its finding problems. The analysis presents such types of dominance as single dominance, collective dominance and super-dominance. Particular attention is given to the research of the possible changes of the concept of dominance, subject to the process of modernization of application of Article 82 EC. It is concentrated to the practice of the European Community courts and the European Commission. However Lithuanian competition law, which regulates dominance, is also examined. Considering the undertaking to approximate Lithuanian national competition law to acquis communautaire of the European Union, the study labours for answering, whether the competition rules, established in Lithuania correspond to the European Community competition law in the light of dominance.

Recent transboundary disputes between the United States and Canada and in particular, the dispute concerning Devils Lake outlet, call for an improvement of the agreements between the two countries that govern North American international watercourses. One way to do so is by assimilating the cooperative spirit contained in the more recent 1997 U.N. International Watercourses Convention and incorporating its guidelines for balancing different principles and interests into the 1909 Boundary Waters Treaty between the United States and Canada. This paper analyzes the different theories and main international legal instruments in the area of transboundary waters within the context of the issues arising out of Devils Lake and its outlet. It is proposed that the Boundary Waters Treaty be vastly improved by increasing the participation of both the Canadian provinces and the American states as well as renewing and enhancing the role of the International Joint Commission.

Recent transboundary disputes between the United States and Canada and in particular, the dispute concerning Devils Lake outlet, call for an improvement of the agreements between the two countries that govern North American international watercourses. One way to do so is by assimilating the cooperative spirit contained in the more recent 1997 U.N. International Watercourses Convention and incorporating its guidelines for balancing different principles and interests into the 1909 Boundary Waters Treaty between the United States and Canada. This paper analyzes the different theories and main international legal instruments in the area of transboundary waters within the context of the issues arising out of Devils Lake and its outlet. It is proposed that the Boundary Waters Treaty be vastly improved by increasing the participation of both the Canadian provinces and the American states as well as renewing and enhancing the role of the International Joint Commission.

As the province of British Columbia seeks to rapidly develop an extensive natural gas industry, it faces a number of challenges. One of these is that of ensuring that development does not disproportionately impact some of the province’s most marginalized communities: the First Nations on whose land extraction will take place. This is particularly crucial given that environmental problems are often caused by unjust and inequitable social conditions that must be rectified before sustainable development can be advanced. This research investigates how the BC Oil and Gas Commission’s consultation process addresses, and could be improved to better address Treaty 8 First Nations’ concerns regarding shale gas development within their traditional territories. Interviews were conducted with four Treaty 8 First Nations, the Treaty 8 Tribal Association, and provincial government and industry staff. Additionally, participant observation was conducted with the Fort Nelson First Nation Lands and Resources Department. Findings indicate that like many other resource consultation processes in British Columbia, the oil and gas consultation process is unable to meaningfully address First Nations’ concerns and values due to fundamental procedural problems, including the permit-by-permit approach and the exclusion of First Nations from the point of decision-making. Considering the government’s failure to regulate the shale gas industry in a way that protects ecological, social and cultural resilience, we argue that new governance mechanisms are needed that reallocate authority to First Nations and incorporate proposals for early engagement, long-term planning and cumulative impact assessment and monitoring. Additionally, considering the exceptional power differential between government, industry and First Nations, we argue that challenging industry’s social license to operate is an important strategy for First Nations working to gain greater influence over development within their territories, and ensure a more sustainable shale gas industry. / Graduate / 0768 / 0615 / kgarvie@uvic.ca