Thesis (M.A.)--Naval Postgraduate School, 2004. / Title from title screen (viewed Nov. 4, 2004). "March 2004." Includes bibliographical references (p. 85-93). Also issued in paper format.

Thesis (M.A. in Security Studies (Civil-Military Relations))--Naval Postgraduate School, March 2005. / Thesis Advisor(s): Donald Abenheim. Includes bibliographical references (p. 75-78). Also available online.

This research contributes to gaps in the international relations and international law literature on compliance by engaging practitioners with multilateral environmental agreement (MEA) expertise to answer two questions: 1) what factors are associated with MEA noncompliance; and 2) is there a relationship between the design of MEA provisions and compliance with those provisions. Practitioners overwhelmingly associate MEA noncompliance with insufficient domestic interagency consultation early in the lifecycle of a multilateral environmental agreement, particularly during its negotiation. The interagency consultative process is the mechanism by which a state identifies the nature of its relevant domestic environmental challenges and the availability of its institutional, financial, and technical resources to address them. Absent a robust process, state delegated representatives engage in negotiating obligations on behalf of their states without a full understanding of the domestic context. Consequently, they may inadvertently negotiate obligations that are impractical or otherwise inconsistent with domestic realities. Under these circumstances, a state may subsequently set itself on a trajectory of noncompliance when ratifying the agreement. Three noncompliance cases under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal are consistent with this finding. The design of treaty provisions might serve to mitigate some factors associated with MEA noncompliance. Practitioners observe a relationship between the design of treaty provisions and compliance with those provisions. When presented with two different legal design options, practitioners overwhelmingly expressed a preference for obligations of outcome over obligations of action. Preserving state flexibility to determine how to implement obligations may mitigate noncompliance associated with insufficient domestic consultation early in the lifecycle of an MEA, but more research is necessary to draw the conclusion that one legal design produces better compliance results over another. / Doctor of Philosophy / States actively negotiate multilateral environmental agreements (MEA) to address transboundary environmental challenges. When states fail to comply with their obligations under these agreements, the international community's collective environmental goals are compromised. This research contributes to the literature on compliance by exploring two questions: 1) what factors are associated with MEA noncompliance; and 2) is there a relationship between the design of MEA provisions and compliance with those provisions. MEA noncompliance is overwhelmingly associated with states' poor preparation to engage in the negotiation and implementation of multilateral environmental agreements. Poor preparation is the result of insufficient domestic interagency consultation, which is the process by which a state identifies the nature of its relevant domestic environmental challenges and its ability to address them. The design of MEA provisions might serve to mitigate some factors associated with noncompliance, particularly if that design gives states the flexibility to later determine how or which domestic measures to take in order to meet the relevant outcome contained in their MEA obligations. However, more research is needed to draw the conclusion that one legal design is better than another.

No description available.

Treaty 7 First Nations, who have occupied the South Saskatchewan River Basin since time immemorial, have water rights protected by s.35 of the Constitution, Treaty 7, and the Natural Resources Transfer Agreement, 1930. This thesis suggests that Alberta has devised a legal regime that circumvents the treaty relationship between the Crown and Treaty 7 First Nations. Section 52 of the Constitution and the principles of constitutionalism and the rule of law require that Crown legislation and action must be consistent with the Constitution. Because Aboriginal and treaty rights are protected under s.35(1) of the Constitution, Albertas consultation guidelines must address the protection of existing Aboriginal and treaty rights. This thesis examines whether the treaty or any subsequent Crown legislation or Crown action has extinguished the Aboriginal and treaty rights of Treaty 7 First Nations and draws the conclusion that the Aboriginal rights of Treaty 7 First Nations not only continue to exist, but are afforded additional protection by Treaty 7 and the Natural Resources Transfer Agreement. This leads to the conclusion that Albertas consultation policy fails to recognize and affirm Aboriginal and treaty rights in their entirety as they currently exist. To the extent that Albertas Aboriginal consultation policies and regulations are inconsistent with s.35(1) they are null and void.

Treaty 7 First Nations, who have occupied the South Saskatchewan River Basin since time immemorial, have water rights protected by s.35 of the Constitution, Treaty 7, and the Natural Resources Transfer Agreement, 1930. This thesis suggests that Alberta has devised a legal regime that circumvents the treaty relationship between the Crown and Treaty 7 First Nations. Section 52 of the Constitution and the principles of constitutionalism and the rule of law require that Crown legislation and action must be consistent with the Constitution. Because Aboriginal and treaty rights are protected under s.35(1) of the Constitution, Albertas consultation guidelines must address the protection of existing Aboriginal and treaty rights. This thesis examines whether the treaty or any subsequent Crown legislation or Crown action has extinguished the Aboriginal and treaty rights of Treaty 7 First Nations and draws the conclusion that the Aboriginal rights of Treaty 7 First Nations not only continue to exist, but are afforded additional protection by Treaty 7 and the Natural Resources Transfer Agreement. This leads to the conclusion that Albertas consultation policy fails to recognize and affirm Aboriginal and treaty rights in their entirety as they currently exist. To the extent that Albertas Aboriginal consultation policies and regulations are inconsistent with s.35(1) they are null and void.

The European Union has declared that its ESDP has an initial operational capability.  It has put new institutional structures in place to manage the political aspects of security and defence policy and the member states have pledged a range of military capabilities, which the EU may call upon to undertake a range of crisis management operations - the Petersberg tasks.  However, there are a number of significant challenges that need to be overcome for the ESDP to become a fully operational and credible policy.  These challenges are institutional, political, financial and military.  However, the critical aspect, yet to be significantly enhanced, for a fully operational ESDP is actual military capability. Without investing in a number of critical military capabilities, ESDP risks falling short of the expectations set out at Cologne, Helsinki and beyond. The thesis moves beyond simply describing these shortfalls towards making an assessment of the progress made in the four years since ESDP was launched.  This progress is measured at the national level, by examining the defence policies and military capabilities of a range of six EU states to assess their value to ESDP, and at the EU level by detailing the combined progress towards reaching a fully operational ESDP.  Signs of convergence within these defence policies are required if a ‘common; EU policy is to be realised.  There also needs to be development of a strategic concept, a requirement for an effective ESDP that is not yet acknowledged by the states.  The influence of the US is also critical.  While, the US supports improved military capabilities, it does so without acknowledging a parallel increase in decision-making and responsibility for the EU in international security. There needs to be clearer and more effective leadership in ESDP to overcome these challenges, particularly the military ones.  If the EU does not make sacrifices and provide the resources required for ESDP, it will have created a policy without substance and its credibility as an international actor will be severely damaged.

The 1991 Protocol on Environmental Protection to the Antarctic Treaty requires parties: 'to identify within a systematic environmental-geographical framework ... areas of outstanding aesthetic and wilderness value' (Annex V, article 3.2). In order to develop these frameworks, procedures and techniques used in environmental planning are considered for their applicability and practicality in the severe Antarctic environment. The phrase in the Protocol is taken as two separate topics. Concepts of wilderness are examined first, and it is concluded that the whole continent should be seen as wilderness, with this designation being modified only for those areas in which human influence is visible. In order to understand 'aesthetic values', interpretations given to landscape are considered, before examining the techniques developed in the United Kingdom for landscape assessment, and those used in the United States which are termed visual resource management. Procedures, primarily based on the most recent practice in the United Kingdom, are developed, before testing by fieldwork on the Peninsula. Landscape assessment is seen as a widescale planning procedure, distinct from, though essential to, the site-specific techniques required for environmental impact assessment (EIA). Objective description and classification of the landscape forms the basis of the methodology, with subjective aspects following in the form of clearly stated criteria so as to identify 'areas of outstanding value'. During evaluation comparisons may only be made on a 'like with like' basis, eg glaciers with glaciers, islands with islands. If desired, areas may then be designated under the procedures given in the Protocol.

Thesis (LL. M.)--University of Toronto, 2005. / Cover title. "August 2005." Includes bibliographical references.

Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, December 2002. / Thesis advisor(s): Mikhail Tsypkin, Douglas Porch. Includes bibliographical references (p. 69-76). Also available online.