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35 theses in 2 pages: 1 | 2
  • INTERNATIONAL LEGAL ASPECTS OF ACCESS TO GENETIC RESOURCES THAT MAKE UP THE BIODIVERSITY.

    Author: RODRIGUES BERTOLDO MÁRCIA.
    Year: 2003.
    University: GIRONA [More theses of this university] [www.udg.es].
    Place of defense: DERECHO.
    Place of preparation: U.POMPEU FABRA.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#106949
    Summary: This Doctoral thesis analyzes the legal regime on access to genetic resources that make up the biodiversity from the standpoint of public international law and, in particular, the International Law of the environment as a specialized branch of mismo.En this context examines the Article 15 of the Convention on Biological Diversity and the provisions which elinean. Furthermore, since resources firogeneticos especially important for food and agriculture are regualados by a legal instrument própio, The International Working on resources fisogenéticos for food and agriculture, discusses the legal regime of access as this work and how to varificar I implementaciín Article 15 agreement is revised regime common access to genetic resources of the Commonwealth autonoma while the first regional regulations established in the area.
  • ADOPTION AND INTERNATIONAL HAGUE CONVENTION ON MAY 29, 1993 AND BILATERAL AGREEMENTS (SPECIAL REFERENCE TO RELATIONS HISPANO-MEXICANAS).

    Author: GONZÁLEZ MARTÍN NURIA.
    Year: 2003.
    University: PABLO DE OLAVIDE [More theses of this university] [www.upo.es].
    Place of defense: DERECHO.
    Place of preparation: UNIVERSIDAD PABLO DE OLAVIDE DE SEVILLA, CONVALIDADO.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#107043
    Summary: The Hague Convention of 29 May 1993 on the Protection of Minors and Cooperation in Respect of Intercountry Adoption (the Hague Convention of 1993) is the first international convention specialized in this field and is at its instead, legal instrument of great importance for the management practices of intervention also in the field of international adoption. Different countries that have already signed and ratified the Hague Convention of 1993 reflect that act, a commitment to the principles set forth in the preamble, which is based mainly in Article 21 of the UN Convention on the Rights of the Child in 1989, and also support a practical reason for recommending implementation and observacia, all of this, taking into account the best interests of children, while respecting their rights recognized internationally. The convention of the Hague 1993, brings together a set of fundamental principles that make it a guarantee system in the handling of international adoptions, it refers to: 1 designation of Central Authorities in each of the States parties coordinated between herself ; 2.el establishing a procedure for cooperation; 3. A simple and useful mechanism for handling files and 4. A system of mutual recognition of decisions. The thesis is presented that focuses on the three primieros principles enunciated on the Central Authorities and in particular the ex novo incorporation of the potential delegation of powers of the Central Authorities in private agencies duly accredited by the respective member countries abound in the procedure cooperation, as a useful mechanism for handling and simple files and in particular the role of desenpeñan as mediators Collaborating Entities of Intercountry Adoption, therefore we maintain that the reference practice today, Spain and Mexico, as states receiving and home of minors. Respectively. Furthermore, the thesis makes a critical analysis of the products or bilateral agreement signed by Spain in Respect of Intercountry Adoption (Romania, Peru, Colombia, Ecuador, Bolivia and the Philippines) to finish with a chapter giving a proposal by the same order in relation to EspañA - Mexico.
  • FREE MOVEMENT OF THE LAWYER IN THE EU: SELF-EMPLOYED, AN EMPLOYEE

    Author: VIÑUELAS ZAHINOS MARIA TERESA.
    Year: 2003.
    University: EXTREMADURA [More theses of this university] [www.unex.es].
    Place of defense: FACULTAD DE CIENCIAS ECONÓMICAS Y EMPRESARIALES.
    Place of preparation: FACULTAD DE CIENCIAS ECONÓMICAS Y EMPRESARIALES.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#110693
  • ASYLUM AND FUNDAMENTAL RIGHTS IN THE EUROPEAN UNION. DEFINITION AND DELIMITATION LEGAL

    Author: MORÁN ROSADO MANUEL JESÚS.
    Year: 2003.
    University: EXTREMADURA [More theses of this university] [www.unex.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#110697
    Summary: The author explores in depth the linkage of the institution of asylum in the legal framework of the European Union and the protection of fundamental rights, to develop their research in two parts. The first of these is discussed, along with the historical evolution of the concept of asylum, the notion of refugee and its regulation in International Law General. Also included is a detailed study of the rules that I have generated from the work of the European Union adopted in 1992, introducciéndose the classic debate on the concept of asylum, and providing profiles themselves of a concept taken by the European Union. The second part is devoted to the structuring of asylum law in relation to the protection of fundamental rights, addressing techniques to protect these rights for asylum seekers, on which the author concludes that there is a formulation of an incipient human right to asylum.
  • THE PRINCIPLE OF UNEQUAL TREATMENT IN THE MULTILATERAL TRADING SYSTEM

    Author: MANERO SALVADOR ANA MARIA.
    Year: 2003.
    University: CARLOS III DE MADRID [More theses of this university] [www.uc3m.es].
    Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
    Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#112297
    Summary: Following the entry into force of the WTO agreements, the treatment of developing countries suffer a dramatic turnaround. Of differential treatment and more favorable progress towards special and differential treatment, so to design treatment to developing countries as a tool tuitiva, consolidates the ideology of conformity with the rules of the multilateral system. To bring together the two concepts and power, as well, to conduct a comprehensive analysis of the legal implications of changes in the treatment to developing countries, we have coined the term unequal treatment. Through this terminology will study the consolidation of the principle of unequal treatment in international law today, the reciprocal influence of this principle of the equality, equity and solidarity, the formulation of unequal treatment in GATT and the WTO, as well as possible regulatory trends of this principle based on the mandate established at the Fourth WTO Ministerial Conference
  • THE LIBERALIZATION OF TELECOMMUNICATIONS IN THE EUROPEAN UNION

    Author: ANCOS FRANCO M. HELENA.
    Year: 2004.
    University: COMPLUTENSE DE MADRID [More theses of this university] [www.ucm.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#107851
    Summary: Six years after the full liberalization of telecommunications Build certain failures are in the process of community. In fact, the package of Directives 2002, beyond the supposed convergence of electronic communications drag behind, a hesitant and erratic trajectory legislation that makes it clear numerous dysfunctional in the operational competence of future markets. The transition from monopoly to market competition has led to greater sophistication in the assessment of concepts such as effective competition, the relevant market, dominance and significant market power. The review of all of these factors requires an analysis of the relationship between market structure, behavior on the market and its development. The first part dela thesis provides panoramic jurídico-económica of a European context preliberalizador. By studying the experiences of liberalization within the EU and in other contexts, it has been found that problems pra increase competition not often arise from a lack of ideas on how it should be done liberalization or technical deficiencies, but the difficulties created for interest groups opposed to the liberalization process. The understanding of a competitive in the traditional public service of telecommunications requires an analysis of three key aspects: the reasons that led to the opening up of monopolies, an institutional vision and its impact on the configuration rules of the market. The second part of the thesis offers a vision of analytical examination of the legal structure of the market resulting from the whole package of liberalization policy, spelling out deficiencies and antinomies of the transition to competition, and ultimately, its impact on income distribution.
  • THE ORGANIZATIONAL STRUCTURE AND THE DECISION-MAKING PROCESS IN THE WORLD TRADE ORGANIZATION.

    Author: LOPEZ BARRERO ESTHER.
    Year: 2004.
    University: COMPLUTENSE DE MADRID [More theses of this university] [www.ucm.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#108712
    Summary: The thesis aims at the study of the various decision-making processes of the World Trade Organization (WTO), in order to clarify how this will shape the organization. To understand the decision-making process of the WTO, research analyzes the two basic elements in shaping their decisions, namely the subjects involved and what their level of participation in decision-making and the mechanisms they employ these subjects to decide . Subjects participating in the decision-making of the organization are members and representatives of international civil servants in the service of misma.Aquellos act through the political organs, which falls almost exclusively the competence to take decisiones.Mientras the latter involved through the WTO Secretariat and almost jurisdictional bodies that make up the Dispute Settlement System (SSD). The channels that are used to make decisions and shape the will of the organization has been classified into three blocs: the formal mechanisms, the spontaneous mechanism (customary practice) and training of the will in the oversight and control mechanisms (SSD). All they have in common that means making decisions that apply is the consensus, either in a positive sense (formal mechanisms and particialmente SSD), either implicit or spontaneous (practices) or in the negative sense (SSD). from the exercise of consensus , in their various forms, as a means exclusive decision-making is greater control of the members on decisions in the organization and forming what we call "WTO law."
  • THE INTERNATIONAL SPACE STATION: LEGAL REGIME

    Author: GONZALEZ FERREIRO ELISA CELIA.
    Year: 2004.
    University: COMPLUTENSE DE MADRID [More theses of this university] [www.ucm.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#109006
    Summary: Our purpose in this study was to analyze carefully the issues "de jure" on the international space station emerging as we move forward in our estudio.En First, Chapter I, handling tamas ralativos to the concept of space object and the subject of delimitación.Asimismo, seprocederá to an analysis of the regime jurídirco applicable to each of the stations espacióales predecessors of the actural.Respecto Chapter II, "The Legal Regime of the International Space Station," by distinguiremos first, the treatment of Objects Launched into espació outer, and secondly, the regime applicable to astronauts or members of the tripulación.Respecto the regime of obnjetos launched, it will conduct a study of the provisions of the "Corpus Juris Spatialis ", and their suitability with respect to the legal framework applicable to astronauts differentiate two situations: when the astronaut is the author of an invention and when is the author of a criminal offense. Also under consideration will be home a delas provisions of the "Code of Conduct" ad hoc developed and approved by the Partners in this project space station iternacional.Por Finally, note that in addition to the annexes attached as informers of the sources conovimiento employed, include others, both scientific and technical legal nature which, in our view, help to a greater understanding and appreciation of multidisciplinary topic at hand.
  • AFRICAN CONSTITUTION AND REALITY. A STUDY OF TWENTY AFRICAN STATES INDEPENDENT OF FRANCE.

    Author: ROBLES PIGVER CARLOS.
    Year: 2004.
    University: COMPLUTENSE DE MADRID [More theses of this university] [www.ucm.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#109047
    Summary: The former African colonies became independent of France makes about forty años.Iniciaron his life as sovereign states under which constitutions have often been short-lived. The thesis examines the first ten major themes of history and reality in Africa in general before considering the legacy frencés the constitutional history of the States that France colonized and summarize realciones the current European Union with the continent within the purview of the Conventions Yaounde, lomé and Cotonou and the Barcelona Process (for the countries of the southern Mediterranean). Soon, the work is being performed in the field with an analysis of the evolution of constitutional and political reality in the twenty States independent of France: Morocco, Algeria, Tunisia and Mauritania in North Africa, Senegal, Mali, Guinea, Ivory Coast, Niger, Burkina Faso, Benin and Togo in former French West Africa, Congo, Gabon, Central African Republic, Chad and Cameroon in the former French Equatorial Africa and Madagascar, Comoros and Djibouti in Índico.El study is completed, in its 1361 pages, with a chapter summary and conclusions with ten, in addition to the peer-reviewed literature for a doctorate and the index general.
  • THE BANISHMENT TIGER SINICA CIVILIZATION AND ITS INFLUENCE ON CHINA'S RELATIONS WITH THE UNITED STATES PARADOX OF A UNIQUE ENCOUNTER BETWEEN POWER AND CULTURE

    Author: DIEZ RUIZ DE ASUA ESTHER.
    Year: 2004.
    University: PAÍS VASCO [More theses of this university] [www.ehu.es].
    Place of defense: FACULTAD DE CIENCIAS SOCIALES Y DE LA COMUNICACION.
    Place of preparation: FACULTAD DE CIENCIAS SOCIALES Y DE LA COMUNICACION.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#109407
    Summary: The violent encounter with the Western powers meant for China entry into contact with barbarians States, but less civilized more powerful, that had a high level of technology that you put in a clear position of inferiority. To operate on an equal footing with the other States, China should achieve modernization effort in that show exquisite care to keep their culture intact. To achieve China seek internal cohesion; abroad will interact with the environment sínico, culturally akin, potential trading partner and eventual strategic ally. Civilization sínica influence on the relations between China and the United States on the extent to which foreign policy decisions are taken from two different approaches, the culture and power: idealism and realism Chinese American. Achieving equality with other States to China requires an enormous effort to boost economic development and maintain national security and social stability. That relationship, but Americans are entrenched depends on the United States respects the peculiarities Chinese, mindful of the political declaration of the "four is not" according to which China does not want confrontation and not provoke a confrontation, but not refuse a challenge, and not Afraid of sanctions. From their first meeting, China and the United States have followed developments parallel to the contrary coming to the paradoxical situation in which China has moved from unilateralism to multilateralism of the imperial nation-states, while the United States, whose external action was based on multilateralism pragmatic instrumental foundation, it has become an empire. The development of relations between the old Empire Center and the new Center of the Empire are particularly important at this time when a large part of countries around the world is part of a new tax system whose apex of the hierarchy is occupied by the United States.
  • THE LAW AS A FACTOR I NTEGRACIÓN IN CAMUNIDAD ANDEAN

    Author: Quindimil López Jorge Antonio.
    Year: 2004.
    University: A CORUÑA [More theses of this university] [www.udc.es].
    Place of defense: Facultad de Derecho.
    Place of preparation: Facultad de Derecho.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#109455
    Summary: The thesis aims to analyze the role of the law in the operation and development of an international integration and cooperation as the Andean Community. To that end, the work is divided into two parts, covering respectively the model Andean integration and development and the Andean Community law. The first part deals with cuestiiones relating to the historical and conceptual characterization of the Andean integration (Chapter I), as well as the institutional system (Chapter II) and the competitive system (Chapter III). In turn the second part contains a detailed analysis of the strictly legal dimension of the Andean Community. This part is structured around two key aspects such as the Andean Community law, from the point of view of the sources (Chapter I) and relations with other systems (Chapter II), and judicial (Chapter III).
  • THE SITUATIONS OF INTERNAL VIOLENCE (DOMESTIC UNREST AND TENSIONS) IN THE CONTEXT OF INTERNATIONAL HUMANITARIAN LAW AND THE INTERNATIONAL LAW OF HUMAN RIGHTS PROBLEMS IN THE LEGAL CLASSIFICATION AND APPLICABLE LAW.

    Author: COSTAS TRASCASAS MILENA.
    Year: 2004.
    University: COMPLUTENSE DE MADRID [More theses of this university] [www.ucm.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#109723
    Summary: There are many countries that have gone through or are going through sporadic or endemic situations of internal disturbances and tensions; moments of public disorder (demonstrations, general strikes, coups, riots), which tend to produce large numbers of casualties, particularly when violence reaches a level close to armed conflict or where human rights violations are widespread as a result of repression gubernamental.Llama why the attention that the contemporary international law does not provide effective protection to victims of these situations internal violence increasingly frequent in the political landscape. Indeed, the internal disturbances and tensions are located in a zone of "legal uncertainty" among their respective fields of application of international humanitarian law and international law of Human Rights, the two branches of international humanitarian law for aplicación.Por another, because human rights standards are appropriate and are designed primarily to apply in time of peace and not as a result of these situations where often there is a high level of violence and number of casualties civiles.A the unsuitability of instruments human rights is compounded by the possibility that they provide to governments to suspend the exercise of certain rights through the declaration of a state of emergency, a practice which further exacerbates the sense of openness in these circumstances. The identification of this gap legislation shows that there is a flaw in the assembly between the scope of humanitarian norms and human rights and has led us to make various proposals, regulatory and operational for colmarla.En First, identifying principles of International Humanitarian Law generally believe that should extend to situations of internal disturbances and tensions interiores.En Secondly, considering new ways to improve the protection of civilian victims of these situations from the bodies and mechanisms existing protection, as more stringent states of emergency by the organs of law or human phenomenon of humanitarian action of the International Committee of the Red Cross in the unrest and tensions interiores.Analizamos finally draft Declaration on " fundamental standards of humanity ", an instrument created ad hoc specifically to protect the victims of these situations which outlines the core of rules that are deemed to be postponed essential for the protection of human dignity and respect for the individual. This work is, ultimately, help to clarify the law applicable to situations of internal disturbances and tensions, identifying the rules for their involvement with the principle of humanity made in the consideration of international law jus cogens and, consequently , must be respected in all circumstances and whatever.
  • THE DYNAMICS OF INTERNATIONAL INDIGENOUS ISSUES.

    Author: AGUILAR CAVALLO GONZALO JAVIER.
    Year: 2004.
    University: NACIONAL DE EDUCACIÓN A DISTANCIA [More theses of this university] [www.uned.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: UNIVERSIDAD COMPLUTENSE DE MADRID (F.DERECHO).
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#110095
    Summary: The process of internationalization of human rights of indigenous peoples is located in a dynamic global much broader own in the second half of the twentieth century, the universalization of human rights. Parafójicamente, universalizacón of human rights has esimulado the emergence of the individual, so that the claims etnoespecíficas certain groups, generally vulnerable, have been promoted by the globalization. The presence of indigenous peoples in the international arena as well as the emergence of the issue of indigenous rights have special significance for the Public International Law. Indeed, the emergence of indigenous peoples in the contemporary international law has led to the development of this legal system in areas as important as the right to self-determination and the rights of peoples and has also launched a conceptual development and substantial in the human rights field. The trascedencia of indigenous peoples and their rights in the contemporary international law, and in particular on the International Law of Human Rights makes it even more evident the need to develop an organic analysis, conceptual and policy of the indigenous question in Public International Law . The emergence of contemporary international standards develop and protect indigenous rights was inseta also within the natural process of specialization in human rights standards that gradually has been carried out within the United Nations and other international organizations. Throughout this process iternacionalización their demands one of the great difficulties that indigenous peoples have faced has been the problem of the need for new solutions to their demands. One of the great claims to be addressed in this paper refers to the controversial quality of indigenous peoples as owners of the right to self deteminación. In this line of analysis appear the demands of indigenous autonomy, which emerge first as a political demand and subsequently became a legal issue when trying to be addressed and satisfied both by the law and by international law.
  • THE OPERATIONS OF PEACEKEEPING NATIONS UNITED: STUDY PERSONNEL AND ITS LEGAL SYSTEM.

    Author: CACHO SANCHEZ YAELLE.
    Year: 2004.
    University: CANTABRIA [More theses of this university] [www.unican.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#110481
    Summary: The evolution suffered by operations peacekeepers of the United Nations (OMPs) shows that from the early years of the decade of the 90, a considerable increase in number and become increasingly complex, which motiva among other things occurring to a substantial increase in staff numbers and the addition of new categories of personnel. In order to identify these categories, and consistent with the concept of tenure as defining element of OMPs, has tested a kind of typology of staff because of the role played in the operation, which includes four major categories of staff the Head of Mission and other senior staff, civilian personnel and civilian police personnel (UNCIVPOL). But this kind of personnel is not, however, sufficient to understand the full extent of the problems relating to staff, but must be combined with other criteria or factors, which plays a key role in the recruitment system. On its basis has been given another grid of staff, which draws a distinction between officials from the Organization itself or from your system, active or retired; civilians outside the UN system outsourced, both internationally and in the local United Nations Volunteers: and personnel made available by the States. These elements that determine the heterogeneity of staff in the OMPs also contribute to the fact that not all personnel enjoy the same statutory scheme, as is apparent from the study of the bundle of rights, guarantees, privileges, immunities and facilities enjoyed by staff the OMPs to develop its role properly, as well as the obligations imposed on it. However, there are at least two areas in which there is a sensible approach to the regime applicable to the personnel of this type of operation and have incorporated important developments in recent years, namely the status of protection of personnel and the regime international criminal liability. The first issue is linked with the rules of international humanitarian law, which are, and undoubtedly applicable to staff of OMPs. As regards to the criminal responsibility of this staff, creates major problems at present for the possibility that it may take place before the International Criminal Court. In any case, the problems created by the plurality of categrorías personnel and legal systems make it imperative to institute a proper policy to their rationalization and systematization, abandoning any action cyclical.
  • THE CODIFICATION AND PROGRESSIVE DEVELOPMENT OF THE PRINCIPLE OF PEACEFUL SETTLEMENT OF DISPUTES: ITS IMPACT ON THE VARIOUS MEANS OF SETTLEMENT.

    Author: REQUENA CASANOVA MILLÁN.
    Year: 2004.
    University: ALICANTE [More theses of this university] [www.ua.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#111121
    Summary: The objective of this dissertation is to determine the impact that the process of codification and progressive development of international law has had at coordinates core of the peaceful settlement of disputes, and to ascertain and assess the degree of progression experienced by different means dispute settlement. It has conducted a cross-sectional analysis and integrator of order intemacional, for the purpose of determining the procedures used to resolve disputes in the various sectors of standards. In studying the degree of progression of the various means of settlement, this thesis has been articulated around two criteria, namely: the emphasis has been both on the changes experienced in the profiles of some classic means of settlement as springs procedural willing to promote their greater operatividad.Con this objective, this research is structured in two parts. A First, which is studying the impact that the encoding process has had on the means of settling political, and Part Two, which deals with the influence that the encoding process has exerted on the media jurisdictional in nature. From a qualitative standpoint, we can say that diplomatic negotiations have undergone a process of relative juridificación which becomes visible in the machinery ready to determine its implementation and operation. Thus, the use of negotiations at the request of a party, corrects the traditional freedom of action and decision that enjoyed by States on this medium. At the same time has introduced a system of deadlines in order to objectify the obligation of behavior rests with the parties in the negotiations. As regards to conciliation, there has been a process of litigation which particularly affects this procedure from the spread of a model of compulsory conciliation. This process has led to qualitative changes in the consensual nature as in the traditional structure of this procedure, to the point of drawing up a quasi-judicial apparatus procedural. Similarly, conciliation has acquired a certain support instituclonal that escenifica in the broad powers conferred on the Secretary General of the United Nations to appoint commissioners or constitute the body of settlement. These changes have also modulated the legal effects of the report of the conciliation commission, by definition non-binding, although they have ensured that States have confidence settling their disputes to this means of diplomatic status. The reason lies in its hybrid nature, as the compulsory conciliation configured as a transactional process, which is located midway between the compulsory jurisdiction and absolute freedom in the choice of means. As for the fact-finding, the factor funcionalizador it impinges on this procedure carries you to configure as proper procedure for dispute prevention; circumstance that has generated an expansion of powers ratione materiae the legal characterization of the facts, that is not complies with its traditional profiles juridicos.EI encoding process has had an impact on jurisdictional means, which are in a process of concurrent sectorialization and specialization, whose main virtue is to encourage the government through advance consent to arbitration or judicial settlement .
  • NATIONALITY AND STATELESSNESS IN PUBLIC INTERNATIONAL LAW.

    Author: TRILLO MARTIN PINILLOS EDUARDO.
    Year: 2004.
    University: NACIONAL DE EDUCACIÓN A DISTANCIA [More theses of this university] [www.uned.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FAC. DERECHO . UNED..
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#111266
    Summary: The research carried out by Ph.D. has aspired to clarify the rules of public international law that is applied in the fields of nationality and statelessness. To achieve this goal has used the appropriate methodology, as it has conducted a thorough analysis of the existing international law, international jurisprudence, the doctrine and practice of States and international organizations, selecting those most relevant cases. The investigation ends with a reflection on the current international problems more significant in relation to nationality and statelessness. The PhD student defends vigorously, in relation to nationality, there are two limits of Public International Law at the exclusive jurisdiction of the States with regard to nationality: the principle of "effective nationality and the International Law of Human Rights. Turning the apartridia, holds a doctorate in solid arguments the possible existence of a new rule of customary international law, the duty of states to avoid the creation of apartridia.
  • THE NOTION OF DUE DILIGENCE IN THE CODIFICATION AND JURISPRUDENCE.

    Author: LOZANO CONTRERAS JOSÉ FERNANDO.
    Year: 2004.
    University: ALICANTE [More theses of this university] [www.ua.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#112177
    Summary: The notion of due diligence is to be one of the most controversial and discussed categories of the international legal order. Used for the first time at the end of the s. Nineteenth in the area of the right to neutrality (Case of Alabama), takes on paramount importance in the sector on the international responsibility of States for damage to its territory to the person or property of foreigners, and then give jump and moved after World War II, other areas of public international law as the protection of [os human rights and fundamental freedoms and the protection of the environment. There is also a notion that, given its nature variable and elastic, has been developing and defining through, especially the work done by the various judicial courts and arbitration is that in the above fields have been operating for all those years and the work codificad prays conducted in the area of responsibility internacional.A purpose of this thesis is proposed as a main objective, to raise an analysis of the concept of due diligence view this from the perspective of both the international jurisprudence and the historical process encoder. We may thus learn that the concept development has experienced in these areas in order to clarify and define its current scope, content, nature and limits.
  • THE COMMON POLICY OF THE EUROPEAN UNION ON IMMIGRATION

    Author: MUÑOZ AUNION ANTONIO.
    Year: 2004.
    University: CARLOS III DE MADRID [More theses of this university] [www.uc3m.es].
    Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
    Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#112330
    Summary: The doctoral thesis under the title of the Bases Migration Policy of the European Union seeks to outline which have been episodes more transcedentales terms of the legal construction of an incipient migration policy of the European Union. The transit of problems affecting the sovereignty of individual States to be more global require common solutions. This difficult passage in which we find ourselves towards a real European migration policy entails loss of sovereignty and a significant advance over the policy of small steps of the founding fathers. The thesis is composed of 11 chapters and some final conclusions. The first chapters pose an explanation of the background of politics, the passage of the intergovernmental what communautaire. The content of the remaining chapters comes to dissecting the Amsterdam Treaty and mechanisms in place that allow the development of policies. Finally, the final chapters are devoted to a review of every aspect of the migration policy.
  • AUTHORIZATION OF PAID EMPLOYMENT FOR NON-EU FOREIGNERS

    Author: GARCIA CALABRES COBO FRANCISCO DE ASIS.
    Year: 2005.
    University: CÓRDOBA [More theses of this university] [www.uco.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#111101
    Summary: Through this thesis has highlighted the importance of paid employment in the regime of the migration phenomenon, one focusing on the study of the legal framework of immigration from that standpoint, both in our country and in the European context and internationally, stopping on the principles and rights which inspire it. It discusses the concepts of extra foreign worker, and is conducting a comprehensive study of authorizations for paid employment of non-EU foreign workers, and the legal status of the same regimes in general and his special exceptions, the figure the quota and regularization extraordinary and international treaties signed by Spain, the system of offenses and penalties with respect to the workplace and a reference to the rules compared focused primarily on models German, French, Italian and British as well Regime legal foreign worker without authorization to work extra. This, from four different angles such as a literal interpretation, historical, teleological and systematic's own rule on the one hand, the discernirniento of scientific doctrine and interpretation case, and each case individually and awareness of the experienciapráctica in this area. In addition to rigorously and carefully analyzed this broad area, are numerous proposals in interpreting constitutional rights, the scope and nature of the benefits within the Social Security system and the acquisition and renewal of work permits for was employed, to deepen the knowledge of the legal status of the foreign worker employed, their routes into the documentanción, the regime of renewals, exemptions and preferences with emphasis on the system's shortcomings and contradictions between Spanish labor market agile in a production system that evolved demand largely foreign labor policy and the reluctance to give satisfaction to it.
  • THE FRAMEWORK AGREEMENT BETWEEN MEXICO AND THE EUROPEAN UNION. THE MEXICAN IMPACT ON THE LAW ON FOREIGN INVESTMENT

    Author: LOPEZ BADILLO EMIR.
    Year: 2005.
    University: CARLOS III DE MADRID [More theses of this university] [www.uc3m.es].
    Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
    Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.
    URL: http://www.kriptia.com/en/CIENCIAS_JURIDICAS_Y_DERECHO/DERECHO_INTERNACIONAL/1#112325
    Summary: The addition of Mexico to the process of globalization has led to a series of structural reforms that have succeeded in establishing a free-market economy. Accordingly have held a number of important trade agreements over the past fifteen years. Analyzing the Agreement in 1997 signed with the EU is the purpose of this thesis, specifically the section on foreign investment, which is a journey through the history of commercial relations between Mexico and the EU, starting from networking diplomats until the entry into force of the Framework Agreement in the year 2000. The importance of this Agreement for the Mexican economy is marked by the novelty of its content, which makes it cutting edge in the treatment of the EU with third countries, while presented as an option diversificadora for trade that this country has with the States United. Five years of the Agreement provides that investigation, which compreden both their genesis and content as the legal impact that Mexico has represented in their legislation on foreign investment in these first years of development
35 theses in 2 pages: 1 | 2
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