/library/oar/handle/123456789/1907 2025-11-11T23:45:23Z 2025-11-11T23:45:23Z /library/oar/handle/123456789/15739 2020-05-15T06:55:21Z 2014-01-01T00:00:00Z

Title: Master of Laws in International Law 2014 Abstract: A list of the Master of Laws in International Law (LL.M.) dissertations submitted in 2014 Description: LL.M.

2014-01-01T00:00:00Z /library/oar/handle/123456789/2272 2017-10-05T14:53:39Z 2014-01-01T00:00:00Z

Title: State behaviour, compliance and enforcement in international law : an analysis of the factors which influence the behaviour of states Abstract: The prime objective of this research is to examine the issues of state behaviour, compliance and enforcement in international law. These will be explored with particular emphasis on the factors which influence the behaviour of states. The research will examine how states interpret international law and how the interpretation of the same international principles may not be identical by all states due to factors such as historical development, legal tradition and cultural identity. After analysing the factors, the research will examine the concept of compliance and why states obey international law. The different theories of compliance will also be reviewed. A further examination will be carried out in relation to the notion of enforcement for the purpose of analysing the sources of enforcement and the link between compliance and enforcement in international law. Regard will also be had to the main enforcement mechanisms and how sanctions may be imposed in the absence of an enforcement authority. The research will also analyse the impact of the modern media on state behaviour as well as the influence of public opinion on state actors. Shaming sanctions which are often employed in order to achieve coercive outcomes will also be discussed. Last but not least, the research will go through the behaviour of states with regard to their commitment to the International Criminal Court. In particular, the chapter will examine the level of commitment to the ICC as well as the possible explanation of why so many countries are parties to the Rome Statute considering the strong enforcement mechanisms that it embodies. Description: LL.M.

2014-01-01T00:00:00Z /library/oar/handle/123456789/2175 2018-06-14T12:56:16Z 2014-01-01T00:00:00Z

Title: Universal criminal jurisdiction : a contemporary and prospective approach Abstract: This thesis focuses on universal criminal jurisdiction and its present utilization with a view to the future. A cursory look at the debate on universal jurisdiction reveals confusion on its definition, scope, and application. This is partly due to an incorrect understanding of universal jurisdiction and its three facets: prescription, adjudication, and enforcement. An analysis on customary and conventional universal jurisdiction, together with cases such as the Arrest Warrant, affirms that the confusion surrounding the prescription of universal jurisdiction can be rectified by a universal and uniform definition of universal jurisdiction. This will allow national legislation and adjudication to treat this principle homogenously so as to foster the principle of legal certainty, the notion of the accused’s presence, subsidiarity, and the limitation of in absentia trials. Since universal jurisdiction challenges the doctrine of non-intervention into the affairs of another State, it is important to delineate the crimes attracting the exercise of universal jurisdiction. An inquiry into the crimes over which universal jurisdiction is exercised reveals that such crimes usually occur in areas outside the territory of any State or are so heinous that the whole international community has an interest in prosecuting them, especially when other States are unable or unwilling to prosecute. The fact that such trials involve extraterritorial crimes that are committed by aliens necessitates police and judicial cooperation in the enforcement of the law, which could be greatly aided by an international investigative unit. This thesis then looks to the future by advocating that universal jurisdiction should apply to natural and juridical persons alike. Ultimately, the task of defending universal jurisdiction is a worthwhile exercise because it is an important legal tool in the fight against impunity, in the responsibility to protect, and in the promotion of justice. Description: LL.D.

2014-01-01T00:00:00Z /library/oar/handle/123456789/2172 2018-06-13T10:47:16Z 2014-01-01T00:00:00Z

Title: The common heritage of humankind in the 21st century Abstract: The common heritage of humankind is a revolutionary concept in international law, advocating a system of global governance which had never been considered by the international community; one which challenges traditional international law concepts of res nullius, res communis and State sovereignty. The principle of common heritage is applicable to the deep seabed and the cosmos, and has been proposed with respect to other areas, such as the poles, the internet and the human genome. This work focuses on the application of the common heritage regime in the maritime law concept, limiting itself to a brief overview of the possibility of its application to other areas due to word count restrictions. The present day realities of international law and the challenges posed by the current state of waters beyond national jurisdiction have led to the proposal for the concept to be extended beyond the deep seabed. Mired in ambiguity and surrounded by controversy since its inception however, and with a steady increase in technological capability in recent decades, the concept risks becoming outdated and impractical as States push for privatization of the international commons. The concept must therefore evolve and adapt to survive, or risk becoming a relic of international law. The deteriorating health of the oceans and their resources and the increased access in both the Arctic and Antarctic regions, coupled with the inadequate laws governing these areas, facilitate the need for a new legal regime for their successful and sustainable regulation. This work therefore attempts to provide solutions to not only preserve the legal status of the common heritage principle in international law, but also for its extension to other areas of international commons. Description: LL.D.

2014-01-01T00:00:00Z