Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, June 2005. / Thesis Advisor(s): Daniel Moran, Steven Ashby. Includes bibliographical references (p. 55-60). Also available online.

The diploma thesis deals with the draft of state treaty, which should become the basis for the fair and equal position of the Czech and Slovak nations in the common state. The State Treaty is embedded in the context of historical state law processes.

Magister Legum - LLM / BITs signed prior to the 21st century are problematic. Some countries with BITs signed during this period have since reviewed those BITs and taken action to address the disadvantages the BITs held for the host nation or have either resorted to eradicating some of their BITs. In particular, developing countries that signed BITs with developed nations seem to be disproportionately disadvantaged in these agreements. This thesis highlights Kenya‟s current BIT situation and compares it in light of another developing country, South Africa, with regards to its BIT experience. Given that South Africa has undergone an extensive BIT review process and moves to change some of these BITs, this thesis compares and contrasts the Kenyan and South African experience. The study highlights the possible lessons that could be learnt from the South African BIT review experience and provides recommendations for the Kenyan government regarding its outdated BITs. The lessons and recommendations benefit not only Kenya but also other countries that are still to review their BITs as it adds to the literature on why it is important for countries with such BITs to revisit them and how best they can go about the review mechanism. In addition, the study is also significant in that it raises awareness of the use and effects of BITs, thereby enabling countries that enter into such agreements to make informed decisions.

The purpose of this thesis is to examine De Valera's objections in the light of his statements prior to the negotiations and of his proposals during the debate in the Dail.

Boston University. University Professors Program Senior theses.

This thesis analyses the conundrum at the intersection of (i) recognition, (ii) enforcement, and (iii) execution of investment treaty arbitral awards pursuant to the ICSID convention. Orienting between recognition, enforcement, and execution  has recently stirred quite some debate. This culminates in the question of, on the one hand, whether it is necessary to differentiate between “enforcement” and “execution” in light of the plea of  sovereign immunity, and how to do so, on the other hand. In this context, the concept of sovereign immunity in general and as a potential objection within the ICSID enforcement proceedings will be analysed in particular. This thesis does so by analysing scholarly work, the ICSID history and as a result of municipal case law vis-à-vis sovereign immunity and ICSID enforcement. A particular emphasis will be put on statutory interpretations, for example on ICSID enforcement regime and its terminology. In this light, a terminological analysis of language is instrumental given that the ICSID convention has three original languages.

A study was conducted to assess Treaty Oak Community College's (Treaty Oak) accomplishment of its mission in terms of responding to the educational and training needs of the community. A questionnaire was sent to students who were enrolled in a program of study from 1986-1989. This survey was to evaluate the assistance Treaty Oak gives students in reaching their goals, to determine employment or student status and to assess the effectiveness of the academic and student services at Treaty Oak. A second questionnaire was sent to local businesses to evaluate the contribution that Treaty Oak makes in meeting the business community's needs. Evaluation of the treatment is in percentage form.

International Telemetering Conference Proceedings / October 30-November 02, 1995 / Riviera Hotel, Las Vegas, Nevada / This paper suggests possible applications of telemetry as a cooperative measure in potential, future arms control agreements related to missiles and space launch vehicles (i.e., an agreement leading to clarification of the ABM Treaty for theater missile defense, and a notional regional or global ban on ground-launched, theater-range missiles). The opportunities for telemetry as a cooperative measure in future international arms control agreements should certainly grow, as confidence and appreciation in its utility are realized from the on-going ballistic missile telemetry exchanges between the US and Russia in START implementation.

In 1869-70 the Métis of the Red River region in Manitoba resisted the transfer of their homeland from the Hudson’s Bay Company to Canada. The Métis people responded to this transfer by blocking Canadian surveyors, government officials, and taking control of the territory through the establishment of representative institutions. Eventually, the Métis negotiated favourable terms with Ottawa which, this thesis argues, represented according to law, and to the Métis, a treaty. This thesis argues that this treaty was intended to protect the Métis homeland and provide political and social protections. The Manitoba Métis Treaty was intended to guarantee the Métis a land base in Manitoba the total size of which was to be 1.4 million acres. The reservation of this land came with protective obligations so that the entire community would receive a benefit from such lands. While Canada has developed a body of treaty law which will be used to interpret the Manitoba Métis Treaty, matters were convoluted by the enshrinement of this treaty agreement in the Manitoba Act of 1870, a document which would gain constitutional status a year later. The impact of this legislative history has led some researchers to link government obligations entirely to the Act, rather than to the negotiated agreement. Indeed, it would seem that the negotiations have been, for the most part, understood as nothing more than conversations. I reject that position and argue that both the negotiations and the Act must be taken into consideration when assessing the obligations undertaken by the Crown. The unique history of the Manitoba agreement means that Canada was under both constitutional and treaty law obligations to uphold the negotiated agreement between itself and the Métis. This thesis argues that not only is the treaty the correct legal interpretation of the events of 1869-70 but that the government of Canada failed to honour its commitments in several meaningful ways. The approach utilized in this thesis is designed to be reliant upon the basic structure and doctrines of Canadian law but to do so in a manner which gives weight to the Métis voice. It is neither a critique which is wholly internal to Canadian law nor is it completely dismissive of Canadian law. Instead, this thesis will illustrate that with only minor adjustments to the application and interpretation of colonial law, the Manitoba Métis Treaty could find a more receptive audience in Canadian legal thought. In the face of a reasonable alternative, such a project can allow other researchers to question why the courts have chosen a path which denies reception of Métis voice, community and culture in Canadian law.

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