This thesis takes as its focus R. v. Guerin, [1984] 2 S.C.R. 335 and seeks to assess its possibilities as the source of a legal principle to guide the constitutional review of the aboriginal and treaty rights protected by s. 35 of the Constitution Act, 1982.<p>In Chapter 1, the decision and the commentary to which it gave rise is discussed. Chapter 2 reviews the history of the law of aboriginal rights with a particular focus on the Indian law of the United States. Chapter 3 reviews Canadian Native law with a particular stress on the trust obligation. In Chapter 4 the language of trusts is reviewed and the influence of International law is canvassed. After a brief discussion of fiduciary law, the chapter closes with a suggested basis for a constitutional fiduciary principle. Chapter 5 opens with a discussion of s. 35 of the Constitution Act, 1982. The theory is then proposed.<p>The theory would find its origin in the common law recognition of the precontact sovereignty of the aboriginal peoples and its denial by the colonizing nation at the time of colonization. The assumption of legislative power by the Crown came with an obligation, acknowledged by the Crown, that it must use its legislative power so as to protect and promote the interests of the aboriginal peoples in order to assist them through the process of colonization. It is suggested that s. 35 of the Constitution Act, 1982 may have made that obligation justiciable and may require the courts to check the exercise of its legislative power to make certain that any negative effect on the aboriginal peoples is justified. The standard, being a fiduciary one, would be high.<p>The thesis closes with an application of the theory to some past and present issues in Native law.

Historians of the founding years of the North Atlantic Treaty Organization (NATO) acknowledge General Dwight D. Eisenhower’s role as the first Supreme Allied Commander Europe (SACEUR), yet they ignore the effect Eisenhower’s rhetoric had in the creation of a sense of unity among Western European nations. Rhetorical analysis of Eisenhower’s time as SACEUR offers scholars a unique look into the founding years of NATO and the beginning of European unification. Using Kenneth Burke’s theory of the four master tropes, I analyze how Eisenhower’s role in the development of NATO was important to the eventual development of a unified Europe.

Throughout the history of the North West, Metis people frequently used their knowledge of European, Indian, and Metis culture to mediate Aboriginal and non-Aboriginal social, diplomatic, and economic encounters. Though acknowledged in Metis historiography, this aspect of Metis identity has not been the focus of scholarly analysis, which has primarily centred on Louis Riel, Metis resistance, and ethnogenesis. By closely examining the primary documents, it is evident that the Metis interpreters present at Treaties 1 through 7 were more than merely translators. Prior to negotiations these Metis had interacted with First Nations in a variety of ways, whether in the fur trade or in missionary endeavours. Metis people were well versed in Aboriginal language and cultural traditions, skills they had employed successfully in Rupert's Land prior to 1870.<p> In drawing upon this amicable relationship between Metis and First Nations, Canadian officials in the North West recognized the positive effect of personal diplomacy on securing First Nations signatures to the treaty documents. In this thesis many examples will demonstrate that the actions of Metis people were critical in preventing violence between groups, thereby enabling the treaty process to begin. These Metis individuals moved within a middle ground of context that developed in the era prior to the 1870's, thus indicating a measure of continuity between the pre- and post transition period in the Canadian West.

This thesis takes as its focus R. v. Guerin, [1984] 2 S.C.R. 335 and seeks to assess its possibilities as the source of a legal principle to guide the constitutional review of the aboriginal and treaty rights protected by s. 35 of the Constitution Act, 1982.<p>In Chapter 1, the decision and the commentary to which it gave rise is discussed. Chapter 2 reviews the history of the law of aboriginal rights with a particular focus on the Indian law of the United States. Chapter 3 reviews Canadian Native law with a particular stress on the trust obligation. In Chapter 4 the language of trusts is reviewed and the influence of International law is canvassed. After a brief discussion of fiduciary law, the chapter closes with a suggested basis for a constitutional fiduciary principle. Chapter 5 opens with a discussion of s. 35 of the Constitution Act, 1982. The theory is then proposed.<p>The theory would find its origin in the common law recognition of the precontact sovereignty of the aboriginal peoples and its denial by the colonizing nation at the time of colonization. The assumption of legislative power by the Crown came with an obligation, acknowledged by the Crown, that it must use its legislative power so as to protect and promote the interests of the aboriginal peoples in order to assist them through the process of colonization. It is suggested that s. 35 of the Constitution Act, 1982 may have made that obligation justiciable and may require the courts to check the exercise of its legislative power to make certain that any negative effect on the aboriginal peoples is justified. The standard, being a fiduciary one, would be high.<p>The thesis closes with an application of the theory to some past and present issues in Native law.

Throughout the history of the North West, Metis people frequently used their knowledge of European, Indian, and Metis culture to mediate Aboriginal and non-Aboriginal social, diplomatic, and economic encounters. Though acknowledged in Metis historiography, this aspect of Metis identity has not been the focus of scholarly analysis, which has primarily centred on Louis Riel, Metis resistance, and ethnogenesis. By closely examining the primary documents, it is evident that the Metis interpreters present at Treaties 1 through 7 were more than merely translators. Prior to negotiations these Metis had interacted with First Nations in a variety of ways, whether in the fur trade or in missionary endeavours. Metis people were well versed in Aboriginal language and cultural traditions, skills they had employed successfully in Rupert's Land prior to 1870.<p> In drawing upon this amicable relationship between Metis and First Nations, Canadian officials in the North West recognized the positive effect of personal diplomacy on securing First Nations signatures to the treaty documents. In this thesis many examples will demonstrate that the actions of Metis people were critical in preventing violence between groups, thereby enabling the treaty process to begin. These Metis individuals moved within a middle ground of context that developed in the era prior to the 1870's, thus indicating a measure of continuity between the pre- and post transition period in the Canadian West.

In the study, Cross-Domain analysis is used for ¡§Factual judgement, Value judgement and Interpersonal judgement.¡¨ The result of Factual judgement is made by the interviews of seven retired officers, scholars and experts. And it proceeds as ¡§true¡¨ judgement. Value judgement is indicated by in-depth intervuews with 3 representatives to obtain the ¡§good¡¨ judgement. Interpersonal judgement is based on overall strategies of the ¡§interactive management research group¡¨ and combines it with the perpectives of all patrties, as individuals and as groups, to conclude the ¡§beautiful¡¨ judgement. All the judgements are correspomded to the analysis of the analysis of the constitution, cognitive and conditions of the research topics. In order to have effective controls of all judgement factors, the interview topics are designed from the study of Mainland China1978 reform, and the rapid economic development, the double digit military spending, and the discussion of ¡§China threat theory¡¨, and the discussion by both sides leaders, academia to establish ¡§Military Confidence Building Measures (MCBMs)¡¨ in the PAM Framemork. The 10 steps of Cross-Domain analysis are used to clarify all studied objects and factors in order to obtain the recognition of experts. The practical policy suggestions are expected. Under PAM Framework, factual judgement perspective, majority of scholars and retired officers agree the necessary to establish ¡§Military Confidence Building Measures (MCBMs)¡¨. However due to the lack of political trust, time is not yet ripe. Retired officers suggest communication through media may solve the obstacles that impacted by the political environment in southern regions. Scholars have proposed that the southern people are affected by their own political inclinaitions, as well as the idea of their supported parties. From non-government exchange to government exchange, the recognition by people can be achieved by understanding the cultural difference and proceed to political and military trust. In vaule judgement, representatives realized the topic is involved in cross-strait relationship, political and military aspect and the uncertainty of policy. Therefore, they all took a more conservative point of view. However, they all agree that MCBMs should be based on the removal of missiles, and follow by the current policy ¡§economy first, political after¡¨ to establish non-government exchange. Due to state of hostility, it is recommended to start from oversea activities such as sea rescue and anti-piracy project. Work from political trust toward military trust. In interpersonal judgemant, a NGT and ISM two stages seminar is held by the ¡§interactive management research group¡¨. The participants voted through a weighted method to conclude 12 specific strategies to establish MCBMs. The strategies are summarized as follow: 1. Removed the missile targeting Taiwan from Mainland China to show the premise of MCBMs. 2. Provide National defense information for each party, to promote cross-strait arms information transparence, and eliminate ideological confrontation. 3. The establishment of cross-strait joint rescue mechanism. 4. The establishment of hotline for leader on both side. 5. The establishment of regular exchange visits of high level military decision makers on both sides. 6. The establishment of cross-strait military information interaction and communication platform. 7. The establishment of oversight system for MCBMs, such as supervised NGO consists of globally well-known and remarkable Cninese accepted by both sides. 8. From civil to government organization to held cross-strait military academic exchange and conference. 9. Showing grace by military budget and arm reduction. 10. Clarify the content of MCBMs. Develop cross-strait affairs negotiators. 11. Signing peace treaty to end hostile confrontation. 12.A nuclear, chemical and biological regulation treaty signed by both sides. In short, use the cross-domain analysis result to study the possibilities and challenges that might happen during the establishment of MCBMs. The following 5 recommendations can be used for future policy execution reference: 1. Strengthen the policy advocacy, public forums and policy discussion to enhance citizens¡¦ identity. 2. Strengthen cross-strait economic and cultural exchanges to relieve hostile condition. 3. Use ¡§1992 Consensus¡¨ as framework to establish political mutual trust. 4. Establish communication platform to eliminate speculations on both sides. 5. Deepen collaborative platform and signed a peace treaty.

This thesis takes up the mantle of studying the Constitutional Treaty in the context of European Integration. This work examines how constitutionalization affected the process of European integration in relation to the democratic legitimacy of the European Union. Albert O. Hirschman&#039 / s Exit, Voice and Loyalty paradigm is used to assess and define the process of constitutionalization in the context of the supranational and intergovernmental tendencies of the European construct which birthed the democratic deficit in its foundational period. Special focus is allotted to the role of the European elites in drafting the Constitutional Treaty which was the culmination of their attempts to compensate for the foundational lack of democratic legitimacy. In order to make this assessment this thesis delineates the history of European integration. Furthermore, this work examines the European constitutional drive and evaluates the implications of the failed ratification process in correlation to the aforementioned issues. In conclusion this thesis maintains that the future feasibility of the constitutional project is directly related to the degree of democratic legitimacy achieved by the whole of the European Union.

This thesis analyzes the evolution of European social policy via focusing on the unfolding contentions between two different notions that disagree over Europe&rsquo / s direction regarding the best social-economic system in Europe. Taking its point of departure in the ratification crisis and the impasse surrounding the Constitutional Treaty, the thesis argues that the contrasting interpretations of the Treaty and the attendant cleavages in the European polity are illustrations of such ongoing ideological struggles among alternative paradigms and approaches. Naming these contending approaches as &ldquo / project of neoliberalism&rdquo / and &ldquo / project of regulated capitalism&rdquo / , the evolution of European social policy is investigated with a focus on interplays between these projects / the self-transformation of the projects in the course of integration / and the relations between economic and social governance in the construction of an &ldquo / ever closer Union&rdquo / . To this purpose, the thesis theoretically employs Polanyian conceptual framework of &ldquo / double movement&rdquo / alongside theoretical approaches of Streeck, Hooghe&amp / Marks, and Pochet that view the evolution of European social policy in conflictual encounters between two opposing notions. Against this theoretical background, the thesis surveys the integration history from the Treaty of Rome until the Lisbon Treaty of 2007. It concludes that the European social policy has evolved within interplays among projects of neoliberalism and regulated capitalism and there has always been an asymmetric relationship between the economic and social governance in Europe as the social governance has always had a secondary and even a subservient position with regard to economic governance in the European polity.

<p>Abstract</p><p>Since democracy was developed in the ancient Greece it has come to be used within a small city state, within the national state and as today used within a bigger perspective. After the end of the second world war political leaders wanted to make sure that there would never be a war between European countries again. Now, about 60 years later this type of cooperation now involves 27 of the European countries and goes under the name of the Euroapean Union. This means that democracy is no longer used just within the nation state, but within a big organisation that is responsible for almost 500 million Europeans lives. This also means that the European Union need to make some institutional reforms to be able to handle all the future challenges. The European Union is often accused of not being democratic enough and in my thesis I wanted to see what if there were any suggestions for a more democratic union within the new Lisbon treaty. The aim with this thesis has been to investigate if the European Union can be more democratic in the futher according to those changes that is listed in the Lisbon treaty.</p><p>My comprehensive objective is: does the European Union have any intentions of making the democratic bas within the union more democratic in the new Lisbon treaty?</p><p>My other objectives are: How democratic is the EU today?</p><p>How does the democratic base within the EU look like today?</p><p>How does the democratic base change in the new Lisbon treaty?</p><p>I have used a qualitative text analysis as a method to answer my questions because it’s a good method to use when we want to investigate organisational changes for example.</p><p>The result of my thesis has shown that some democratic changes are expressed in the Lisbon treaty and that they will make the EU a little bit more democratic in the future.</p>

Thesis (M.S.)--Naval Postgraduate School, 2002. / Thesis advisor(s): Cary A. Simon, Raymond E. Franck. Includes bibliographical references (p. 117-124). Also available online.