Malgré le redressement accompli par les Tétrarques et Constantin, les relations avec les barbares restent un problème essentiel pour Rome. En témoignent les 25 séquences de pourparlers de paix engagés le long du limes rhéno-danubien entre la mort de Constantin (337) et celle de Valentinien (375). Après une typologie des circonstances dans lesquelles s’engagent ces pourparlers, la thèse analyse la façon concrète dont ils se déroulent. Ils s’organisent en deux étapes : premiers contacts par l’intermédiaire de délégués puis cérémonie de conclusion de la paix. Tout se passe en général dans le barbaricum, quand les barbares, impressionnés par l’adversaire, terrorisés par les ravages subis ou vaincus, envoient des délégués au camp romain pour solliciter la paix. Les sources les présentent en suppliants, mais loin de faire leur deditio, ils viennent discuter les clauses de la paix. Lors de la deuxième phase, chefs et guerriers doivent se livrer à une supplicatio, rappelant le rituel de deditio. Puis ils jurent de respecter la paix et fournissent des otages en garantie. En échange, Rome offre sa fides probablement par un traité (foedus), qui fait du chef barbare un « client », à qui est sans doute remis un document écrit. Deux fois la cérémonie dérape et se termine par le massacre des barbares. Plus rarement, les pourparlers se déroulent dans l’Empire, alors que les barbares y sont encore. Rome se contente alors d’obtenir leur départ (sans conclure semble-t-il de foedus), ou accepte leur deditio et renonce à les expulser. Enfin, quand Rome accepte de conclure la paix en terrain neutre en 369 et en 374, et de traiter le barbare en « ami », c’est le signe d’une détérioration du rapport de forces entre les deux parties, dont les effets se font sentir en 376 quand Valens doit accepter l’entrée des Wisigoths dans l’Empire. / Despite the recovery achieved by the Tetrachs and Constantine, relations with the barbarians remained an essential problem for Rome, as illustrated by the 25 sequences of peace talks within the Rheno-Danubian limes that happened between the death of Constantine (337) and Valentinian (375). After understanding the circumstances in which these negotiations were undertaken, the thesis analyzes in a concrete way the involvement of actors. These talks were held in two stages: the contacts with the envoys on the one hand; an ending ceremony on the other. In general, everything took place in barbaricum: impressed by the enemy, terrorized by the sustained ravages, or beaten, the barbarians sent their envoys to the Roman camp in order to solicit peace. The sources present the barbarians as supplicants, but far from doing their deditio, they came to discuss peace clauses. During the second phase, chiefs and warriors had to engage in a supplicatio, a procedure that reminds the deditio ritual. Then, they swore to respect peace clauses, supplying hostages as a guarantee. In exchange, Rome offered its fides likely in the form of a treaty (foedus) making barbarian chiefs "clients". A written document was probably given. It happened only twice in the given period that this ceremony ended with the massacre of the barbarians. Less often, the talks took place in the Roman Empire, while the barbarians were still present. In this case, Rome contented itself with getting their departure (apparently without concluding a foedus), or accepting their deditio and renouncing their expulsion. The sign of the deterioration of the balance of power between the two parties came finally in 369 and 374, when Rome accepted to conclude peace on a neutral ground, treating barbarians chiefs as « friends ». The effects of these peace talks were felt in 376, when Valens had to accept Wisigoths’s entry into the Roman Empire.

VI Abstract International investment activity plays in the capitalistic globalized world, which is aimed at sustainable economic growth, an important role. Effort of the states to ensure the most favourable investment conditions for foreign investors strikes in some spheres on legitimate regulatory state measures, which are adopted with reference to the international law principle of state sovereignty. Expropriation or nationalisation together with the seizure represented in the past the most compelling taking of foreign investor property rights and their identification didn't make pronounced troubles. It's clear that confiscatory or nationalizing states measure doesn't increase its investment attractivity and so states are nowadays in the sphere of takings into foreign investor property interests much more careful and more inventive. The task of submitted work is among other things to characterize these takings referred to by notion indirect expropriation and to differentiate them from legitimate state measures regarding the general social aims and social interests, which don't require any compensation in contrast to indirect expropriation. By reason that the right to expropriate is seen to be part of customary international law, there was especially a developed states effort to regulate the conditions of...

FOREIGN AND SECURITY POLICY OF THE EU WITH REGARD TO THE LISBON TREATY Common Foreign and Security Policy (CFSP) of the European Union (EU) is from its beginnings to the present time the area that is evolving very slowly with regard to other EU policies. It is a sensitive political issue, traditionally understood as a part of national sovereignty. That is why it has always been facing the reluctance of Member States to limit their powers in this area in favour of the Union. Union is constantly criticised for the lack of consistency of its external actions. Member states feel that it is necessary to "speak with one voice", if they want to have chance to be a legitimate partner to the world powers. It leads to slow enhancing of cooperation in the CFSP matters. Lisbon Treaty entered into force on the 1st December 2009 and brought many changes in the functioning of the EU. The aim of the thesis is to analyse the CFSP and the changes introduced by this Treaty without mentioning European Security and defence Policy. The thesis is divided into 5 chapters, each of them dealing with different aspects of CFSP. Chapter One is introductory and defines basic terminology used in the thesis and the context of external relations of the EU in order to explain the position of CFSP within EU policies. Part of this chapter is...

The dissertation studies the relationship between Québécois and Indigenous peoples with regards to two different approaches to self-determination. It offers a critique of sovereignty-based self-determination in the form of the nation-state – a hegemonic model throughout the world and within Québécois political imagination – by shining light on the co-constitutive relationship between vulnerability and sovereignty, tracing the origins of their conceptual association in the work of Hobbes. The dissertation argues that, comparatively, by asserting the priority of relationality over individuality, the work of Marcel Mauss contributes to a relational theory of self-determination. By positing togetherness, relationality, reciprocity, and difference as forming the most basic reality of politics, Maussian gifting offers new perspectives on the question of vulnerability in the context of intercultural relations. Finally, through a study of the ethos of Indigenous treaty philosophy, the dissertation argues for re-envisioning Québécois self-determination through the role of treaty partner and honouring the gift of hospitality contained in the early treaties and alliances of peace and friendship with Indigenous peoples. / Graduate / 2020-04-18

The purpose of the diploma thesis is to describe and summarize the legal regime of Antarctica including its evolution, functioning and the protection of its environment. Chapter one of the thesis consists of the introduction with the Antarctic continent including the natural conditions, the history of the discovering, the competition between Roald Amundsen and Robert Falcon Scott to reach the South Pole and the territorial claims of seven states in the first half of the twentieth century. The second chapter deals with the fundamental document of the legal regime of Antarctica - The Antarctic Treaty. The Antarctic Treaty was signed in Washington on 1 December 1959 by the twelve countries whose scientists had been active in and around Antarctica during the International Geophysical Year of 1957-58. The very important provisions of the Treaty contain international cooperation and prohibition of any measures of a military nature, such as the establishment of military bases and fortifications, carrying out of the military maneuvers, as well as testing of any type of weapons. Antarctica became international space which can not be appropriated by individual states. The third chapter deals with the Antarctic Treaty System and its analysis and summary. The Antarctic Treaty System regulates the international...

Thesis advisor: James Cronin / In 1957, the Treaty of Rome was signed by six West European states to create the European Economic Community (EEC). Designed to foster a common internal market for a limited amount of industrial goods and to define a customs union within the Six, it did not at the time particularly stand out among contemporary international organizations. However, by 1992, within the space of a single generation, this initially limited trade zone had been dramatically expanded into the world's largest trade bloc and had pooled substantial sovereignty among its member states on a range of core state responsibilities. Most remarkably, this transformation resulted from a thoroughly novel political experiment that combined traditional interstate cooperation among its growing membership with an unprecedented transfer of sovereignty to centralized institutions. Though still lacking the traditional institutions and legitimacy of a fully-fledged state, in many policy areas, the European Union (EU) that emerged in 1992 was nonetheless collectively a global force. My dissertation argues that the organization's unprecedented transfer of national sovereignty challenged the very definition of the modern European state and its function. In structure and ambition, it represented far more than just a regional trade bloc among independent states: it became a unique political entity that effectively remodelled the fundamental blueprint of the conventional European state structure familiar to scholars for generations. How did such a dramatic transformation happen so quickly? I argue that three forces in particular were at play: the external pressures of globalization, the search for a new Western European and German identity within the Cold War world and the often unintended consequences of the interaction between member state governments and the Community's supranational institutions. In particular, I examine the history of the EEC's monetary union, common foreign policy, common social policy and the single market to explain the impact of the above forces of change on the EEC's rapid transformation. / Thesis (PhD) — Boston College, 2014. / Submitted to: Boston College. Graduate School of Arts and Sciences. / Discipline: History.

Thesis advisor: Jennifer Erickson / This thesis examines institutional enlargement for both the North Atlantic Treaty Organization (NATO) and the European Union (EU). Both organizations added new members to their ranks during the Cold War and in the post-Cold War era. During the Cold War, NATO and the European Community (EC) had informal membership criteria, but once the Cold War ended, the two institutions implemented explicit membership requirements. The research question centers on whether both institutions admitted new members that did not satisfy some of the membership criteria. I find that the two organizations both admitted new states that only partially complied with the criteria. In this thesis, I analyze why NATO and the EU added new member states even when these states' membership applications were incomplete. / Thesis (BA) — Boston College, 2013. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: College Honors Program. / Discipline: Political Science.

O presente estudo tem por objetivo avaliar o regime brasileiro de controle dos preços de transferência sob o enfoque das diferentes visões que o tema pode apresentar. Inicialmente são relatadas suas principais características como a questão do arms length principle, seu histórico e aplicação, para em seguida falar-se acerca da disciplina no âmbito da OCDE e no direito comparado. Na sequência é abordada a legislação brasileira sobre o tema, a posição da jurisprudência, seu confronto com a valoração aduaneira, bem como sua relação com os acordos para se evitar a dupla tributação. Após configurado este cenário de introdução do estudo e seus principais contornos, são efetivamente analisadas as diferentes visões que o tema pode apresentar, notadamente em relação à recepção do arms length, a adoção de margens fixas e a questão da superioridade hierarquica dos tratados para se evitar a dupla tributação e a lei interna, no caso a lei dos preços de transferência / This study examines the Brazilian Transfer Pricing Regime from the standpoint of the different views that the issue may have. Initially the main characteristics are reported, for example, the arm\'s length principle, its history and application, thereafter it advocates the discipline within the OECD and comparative law. Following is addressed the Brazilian Transfer Pricing legislation, the position of jurisprudence facing with the customs valuation, and their relation with the double tax treaty. Once set up this introduction study scenario and its main outlines, are effectively analyzed the different views that the subject may have, especially with respect to the receipt of the arm\'s length principle, the adoption of fixed margins and the issue of hierarchical superiority of double tax treaties and domestic law, in case, transfer pricings law.

Whenever states’ rights to regulate and investor’s interests conflict with each other it is an unsolved question in investment treaty arbitration how one should balance those two positions. In particular, it is indefinite where to draw the line at what point states can actually exercise their rights without unlawfully violating the investor’s interests. A solution for this issue might be the proportionality test or analysis. Over the years, several tribunals approached proportionality, but took very different paths to understand and apply this legal concept. Especially, if one considers proportionality from its root in European and German law, some applications in investment treaty arbitration create confusion. Originating from a fixed methodological approach in the background of justifications of state measures, tribunals use proportionality in the process of defining and determining in contrast to the justification, as one would expect. Thus, it remains questionable which of those approaches is correct or if there is rather one correct application of proportionality in the context of investment treaty arbitration. This work argues in favour of proportionality being a legal concept which originates from German and European jurisprudence and migrated to international law. In international law it was established as a legal principle and subsequently adopted, inter alia, in investment treaty arbitration. Nevertheless, tribunals should be more careful when using proportionality. Especially, when naming and transferring a particular legal construct, it should not be used out of context. This endangers an award’s persuasiveness and furthers the fragmentation in international investment law. Tribunals should only refer to the ‘principle of proportionality’ or a ‘proportionality test/analysis’ when they actually apply it. And this application requires the concept to be used in the background of justification and not determination. Furthermore, the three/four significant steps must be followed in order to obtain the aimed proportional result.

Investment treaty arbitration has borrowed a number of elements from commercial arbitration, including confidentiality. The scope of confidentiality in investor-state arbitrations can make it hard for amicus curiaeto participate in the arbitral proceedings.    The rules regarding transparency in investor-state arbitration relates, among others, to access to information and documents, third-party participation and the publication of awards. Transparency in investor-state arbitrations is also related to changes in legislation that could affect the investor. Changes in legislation is a way of adapting to new circumstances as changes in government or an attempt to prevent health issues or fulfilling environmental goals in the interest of the public.   The possibility of amicus curiaeparticipation and submissions make it possible for the public to affect what information the tribunal have in cases where public interests are discussed. Tribunals have, when they have found that the public interest is not only general, decided to allow amicus curiaesubmissions even without the consent of the parties. They have allowed such submissions in cases where the amicus curiaecould enlighten the tribunal or provide additional information about the merits.     There is no binding case law in arbitration. Since the tribunal only have jurisdiction in the particular case, awards cannot be binding in other disputes. The lack of case law can lead to a lack of predictability for both investors and states. It has led to fewer changes in domestic regulation, the phenomenon is called the “chilling effect” and refers to states who make less changes (including changes in the interest of the public) in an attempt to avoid a violation of the FET standard.    Transparency, i.e. making the dispute public, including the party’s identities, documents and the award, can help providing predictability to investment-treaty arbitration. The outcome of the case is not binding as case law for future disputes but could provide both states and investors knowledge about how certain treaties and actions might be interpreted by a future tribunal.