INTERNATIONAL LAW (2)

Author: CARRETO PACHECO VICTOR MANUEL.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO UCM.

Summary: The work presented for defense as doctoral thesis deals with the treatment of marks from the Right of Mexico in order to lead to regulations frameworks or contexts of NAFTA North American (LAFTA), corresponding to General Agreement on Tariffs and Trade (GATT), transformed into World Trade Organization (WTO) after the Treaty of Marrakesh in 1995, with the inclusion of TRIMS Agreement, and the European Union itself, through the agreement with Mexico. In addition, it should be noted that the reference to brands has also become a successful work in this pretext to point out the scope and consequences of the internationalization of Mexico and the assumption of commitments, obligations, but also rights, both general Organizations managing the so-called multilateral trading system as with regional organizations, one of which, such LAFTA is a member state.

Author: FERNÁNDEZ DE HENESTROSA BAYO DIEGO.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The work is presented for defense as doctoral thesis laborada the most relevant aspects affecting credit under the Community or the European Union to focus on issues relating to the supervision and solvency. The treatment is done delas materials and banking aspects are thus of paramount importance and present, in addition to being connected with European Community rules derived from the so-called Basel Committee. It is, in sum, an important study that goes beyond the limits of European Community law to lead those for the overall regulation. Attention is given to important changes at the Spanish as a result of the entry and participation in the European Communities and the assumption of the corresponding obligations of the precipitate community.

Author: SANCHEZ BARRUECO MARIA LUISA.
Year: 2005.
University: DEUSTO [www.deusto.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Created as an organ in 1977, the European Court of Auditors ascended to the category of institution with the Treaty of Maastricht in 1992. After more than a quarter century of operation, remains a little-known institution by the public at large and sparsely attractive to the legal science. However, the Court has not stayed on the sidelines of inter-institutional relations existing in the European Union and delivers his remarks respecting the duty of sensitivity to the rest of institutions that has won him widespread respect, even though it lacks jurisdiction jursidiccional. The Doctoral Thesis submitted today for consideration by the Court is as a starting point the lack of jurisdiction of the European Court of Auditors, which despite its name does not enjoy status superior to that of a mere consultative body. However, the role carried out by this institution is extremely important for the evolution of the budgetary management in the European Union and to the perception that EU citizens have of the integration process. Therefore, the first goal of the Doctoral Thesis is to analyze and disclose the characteristics of the European Court of Auditors as an institution: its composition, functioning organization; then to focus on the study of its controller and advisory powers. It devotes particular importance to competitive analysis of external financial control over the EU budget, recognized by the Treaty, having seen in recent times that the European Court of Auditors avail certain loopholes extensively to interpret the contents of your competition. In addition, a second objective is to demonstrate that the European Court of Auditors, assuming its lack of authority to impose penalties and hence its purely advisory nature, has developed a strategy itself as an actor in the inter-community relations, aiming to achieve the greatest possible effectiveness for its in the absence of controls power to impose penalties. It devotes attention to a deep analysis of the relationships woven with each of the bodies or institutions affected by their competition controls. Starting with the subjective area of control, will review relations with the European Commission as the main manager of the European budget, with other institutions and bodies endowed with the capacity of budgetary management, and national bodies managing Community funds in the territory of Member States. Then, it gives relations with the institutions that have decision-making power in the process of discharge: European Parliament and Council. Finally, we evaluated the relationship between the Court of Auditors and other organs counterparts from Member States and how they affect the effectiveness of external financial control carried out by the European Court of Auditors. The analysis of all the bilateral relations have always mentioned as a backdrop to the principle of partnership, understood as a principal axis in the strategy determined by the Court of Auditors to overcome their own limitations of a purely advisory. The principle of collaboration allows establish a solid foundation of trust that help overcome conflicts and inter-moving change in the behavior of budgetary management so perhaps more effective if it had the power of coercion.

Author: ADELA MAGDALENA AURA Y LARIOS DE MEDRANO.
Year: 2005.
University: ALICANTE [www.ua.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: DEPARTAMENTO DERECHO INTERNACIONAL PÚBLICO Y DERECHO PENAL. UNIVERSIDAD DE ALICANTE.

Summary: The Doctoral thesis is structured in three parts:-the first considers the codification and the resulting Convention, the Convention on the Law of the uses of international watercourses for purposes other than navigation, passed in the Assembly General of the United Nations on May 21, 1997, also known as the New York Convention, the second-up the central part of the work, since it deals with the International Law General in the matter of uses other than the navigation of international watercourses, and, finally, the third is studying the practice hispano-lusa in this area, in particular the existing Convention on cooperation for the protection and sustainable use of water basins Spanish-Portuguese Hydrographic done ad referendum in Albufeira on November 30, 1998.

Author: ABBAS GHASSAN.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: In this paper we study the principle of equal participation of international watercourses through their analysis, their interrelationship with other general principles of International Law and its implementation. It clarifies the scope of the expressions "international watercourses", "international river", "international drainage basin" and "shared water resources." It discusses the general rules and principles that govern the matter. It outlines some key examples from state practice in major international watercourses. It is also pointed out the importance of setting up research institutions on the use of these watercourses which treats the issue with reason and wisdom. It also explores, in the event of a dispute about the uses of international watercourses, the duties and obligations, how to consult and negotiate in good faith how to resolve: agotandolos peaceful means, resorting to a third party or taking the case to arbitration or the International Court of Justice. It ends with the theme of international responsibility in the field of the uses of international watercourses. All this, following the descriptive and deductive method, examining the doctrinal works, international conventions and jurisprudence, criticándose individually.

Author: Oanta Gabriela Alexandra.
Year: 2005.
University: A CORUÑA [www.udc.es].
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: This book shows the interrelationship between international law and EU law, as well as between the community policy on food safety and other Community policies involved. The internal structure is divided into two large parties. The first part refers to the legal approach to food security, and the Second, the analysis of the process of creating a food security policy in the European Union. The thesis closes with the findings and annexes dealing with the 'Literature' 'Documents of International Law and the European Union' 'Law International and the European Union' and 'Sources on the Internet' Apart from the originality of subject research, we have to emphasize its multiple, as it touches the heart, from a legal standpoint, we are realities that affect citizens, as the latest food safety crises have made itself felt.

Author: ELLIS MYLES ROBERT.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE CC. POLÍTICAS Y SOCIOLOGÍA.
Place of preparation: FACULTAD DE CIENCIAS POLÍTICAS Y SOCIOLOGÍA.

Summary: The thesis explores the formation of the rules of international environmental law, in order to analyze the many conceptual and operational changes that the law has undergone in recent decades. These changes respond to laos own particular aspects of the environment and others that are unique to the current status of international society, hamper the progressive development of international environmental protection. The result of these changes that have incorporated various aspects in the formation of standards, has been that international law has changed the environment for a dramatically to the point that it has an effective system of rules and on the situation current environment and international society. At the conceptual level, the theory explains how the principles of sovereignty and conservation principles central to develop standards for environmental protection, change their concept. Sovereignty is no longer interpreted as a concept and a right of countries to use only their own territory, and became law on the use and protection of land resources for the good of all, and considered a common heritage of all humanity. As for conservation, the introduction of the concept of sustainable development abandons the concept of absolute conservation and proposes that countries exploit their resources in a sustainable manner. The conceptual change the principles made the international environmental protection be extended to be applied globally and be relevant to various global conditions, not only for the environment but also to the current state of international society. At operational level, the thesis deals with the use of the formal instruments, international organizations and other alternative instruments that are used for the implementation of standards for environmental protection. In this thesis examines the various elements of these instruments of implementation of the rules, by their limitations to implement the rules for their innovative ways of overcoming these limitations. For example, there are limitations on the use of the formal instruments such as treaties and the law consuetudinario.Aunque these instruments are commonly used today and for the implementation of the standards for environmental protection, it also presents problems of acceptability many countries for their formal and binding. The growing use of international organizations and instruments alternative overcomes these limitations by providing countries rules more precise and means of implementing more flexible depending on the administrative and economic realities of each country. Finally, the thesis covers the legal process of the formation of standards taking into account the various transformations that have affected this process. The legal value is explained by the presence of the structure of the international legal order. The sovereignty, mutual interest and the organization are the elements that make up this structure and the presence of these three elements in the training rules is what qualifies standards acceptable by the international community. The thesis puts into perspective the performance and strong presence of the three elements in the process of the formation of the rules because there was a question of legal statues of the rules for its informal nature in terms of its implementation.

Author: VARGAS GÓMEZ MARINA AMALIA.
Year: 2005.
University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
Place of defense: DERECHO.
Place of preparation: FAC. DERECHO UNED.

Summary: The Aliens Act (4 / 2000 of 11 January) enshrines for the first time in Spanish law a subjective right of foreigners residing in Spain to re-group with them to individual families; law that the legislature falls within the scope of the fundamental right to family privacy and the right to family life. This thesis aims to analyze and understand the different issues raised by the family reunification of foreigners in our legal system. The study seeks to highlight certain problems arising from the fact that family reunification is framed in a context dominated by the interplay of sources and standards. The legal analysis on the right to family reunification tend not to deepen the impact of the diversification rules (sources and standards) and its impact on the family reunion and you are looking at the family once regrouped in the territory. Attention to these issues is done from a perspective that observes the interplay of rules and their impact on the formal and material aspects of the regulations (Aliens, a national law applicable) and its impact on the residency status of the family regrouped. The results achieved with the inquiry has been established as the most significant conclusions: 1 - The binomial reunification familiar-estabilización is a characteristic of the current migration processes "transnational". 2 - The integration of the family into the cell created in the host country is part of the content of the right to family life that only the family reunion possible, which means that the criterion of integration is a value in the family reunification, national legislation and EU law may not arbitrarily limit the pretext of a specific immigration policy. 3, - Family reunification is a subjective right on which a plurality of rules affecting the result of a permanent relationship rules; interaction manifests itself in terms of sources and in the standards. The interaction on the size of the sources revealed in the action of fundamental rights versus control measures both internal and migration of European Union law, and thus, immigration control must be exercised family in a manner consistent with the right back to family life enshrined in art. 8 of the European Convention. The dimension of the rules, the most important consequence of the interaction is the heterogeneity of the problems and so, some occurring in the sector dela Aliens and nationality (ie, the international status of the subjects) and others manifested in the dimension of the conflict rules (ie, are the result of the application of foreign law to private legal relations of the family regrouped).

Author: CHINCHÓN ÁLVAREZ JAVIER.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: DERECHO INTERNACIONAL PÚBLICO Y DERECHO INTERNACIONAL PRIVADO - FACULTAD DE DERECHO.

Summary: This dissertation examines the international legal regime for the punishment of crimes under international law (genocide, crimes against humanity, torture, enforced disappearance and grave breaches of the conventions and their protocols gin) and violations of the rights human. Part I-For once identified existing state obligations, analyze how to realize in connection with crimes committed in the past (and for a non-democratic government, and during an armed conflict) during the pendency of a transition process. Part II-In doing so, it chooses the last Ibero-American experience (and especially in Guatemala, El Salvador, Honduras, Argentina, Chile and Uruguay) Reviewing, in the first instance, the method and the steps that these states chose to deal this question and analyze its alignment with the legal regime identified, and then consider other alternatives that exist within international law to deal with the constraints and challenges that face these states engaged in a process of transition in terms of punishing crimes committed in the past. Thus, this dissertation culminates offering an outline of the various alternatives licitas existing international law to materialize, depending on the factual circumstances of these states, international obligations identified.

Author: MENENDEZ LEAL SALVADOR EDUARDO.
Year: 2005.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: UNIVERSIDAD AUTONOMA DE BARCELONA.
Place of preparation: UNIVERSIDAD DE EL SALVADOR.

Summary: This work, part of that victims of crime, abuse of power and violation of human rights and fundamental freedoms, are broadly relegated, neutralized and invisibilizadas regarding their specific needs and interests. In this line, this text from an approach initially victimológico and then from the perspective very own Law of Human Rights, is structurally organized in the following manner: 1-Planteos preliminary. 2, - Victim: stock-General of his condition. 3 - The victim in the criminal process. 4 - The DIDH and the victim. 5, Inter-Regional system for the promotion and protection of human rights and the victim. 6 - The victim in the case of late. The idea-fuerza underlying input.

Author: FIGUEROA BELLO AIDA.
Year: 2005.
University: SALAMANCA [www.usal.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTA DE DERECHO.

Summary: The social issue, the origins of Europe, is viewed in some legal provisions of the founding treaties, it was not sufficient for the development of a social policy community that represent a real interest in its implementation. It was considered secondary and complementary invariably conditional on the economics that gave origin. It happened to the Treaty of Rome of 1957 with the provisions of Article 119 and earlier remember who was at the request of France, with a clear influence of the Convention n. fourth 100 of the International Labor Organization in order to avoid social dumping . It was at this time in which visualizaba the starting point of its development and in particular as regards the principle of equal treatment and non-discrimination on grounds of sex. All this meant their progressive development, taking an evolution legislation to be considered very special pieces of angular Social Policy Community plasmándose in Article 141 of the Treaty of Amsterdam, paragraphs 3 and 4 of equality between women and men as one of the objectives of the European Union, giving full legitimacy to affirmative action integrated into Community law as one of the fundamental rights enshrined in its legal framework. To all this we must add the reference to the European directives, legislative instruments that have contributed significantly to the development of this important principle of equality, providing first equal pay for both sexes in the workplace then go for forming a regulatory framework guarantor the equality between women and men in other areas including industrial relations in the labor market to reach one of the areas other than labor field, access to goods and services and their supply. However, one element that has resulted in substantial progressive development of this fundamental principle is the abundant jurisprudence of the Court of Justice, whose praetorian activity has largely determined the boom that this principle of equality has experienced over European integration process. Along the same lines, we must make reference to the three sentences Defrenne, judgments that led to a significant regulatory progress of this case and the principle of equal treatment and non-discrimination on grounds of sex, be established as a fundamental right and hence one of the general principles of Community law.

Author: LUGO RODRIGUEZ CARMEN BETSABE.
Year: 2005.
University: SALAMANCA [www.usal.es].
Place of defense: HISTORIA MEDIEVAL, MODERNA Y CONTEM..
Place of preparation: FACULTAD HISTORIA, DERECHO Y SOCIOLOGIA.

Summary: On December 18, 1990 the UN adopted the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families, which entered force on 1Â July 2003. This instrument is concerned with the recognition of both human and labor rights of Migrant Workers and Members of Their Families. And although it is in force, none of the member countries of the European Union have signed or ratified. However, it is currently preparing common European immigration policies that will aim to unify the national criteria on access and residence of third-country nationals in the European Union. This research focuses on the description and comparison of each of the rights set forth in the Convention as opposed to those set forth in the European instruments, especially those affecting migrant workers and their families. From this comparison it is concluded that in terms of regular workers, both granted similar rights laws, but in relation to the irregular workers, the granting of rights by the European institutions is almost zero. This research consists of four chapters: Chapter I provides a historical overview of migratory movements in Western Europe since before 1945 to the present day; Chapter II describes the design and composition of the Convention, a defining one's rights and it gives freedoms; Chapter III contains the development of the migration policies of the European Union and the law applicable to migrant workers and their families, finally, chapter IV makes a detailed comparison of the provisions of the Convention with the the Community instruments in the field of migration.

Author: GARCIA NEUMANN JAIME.
Year: 2006.
University: VALENCIA [www.uv.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: CENTURY HAS STARTED WITH A MAJOR CHANGE IN RELATIONS STRATEGIC AND INTERNATIONAL LAW. AFTER THE END OF THE WAR FRIA, IS THE NEW PARADIGM OF "WAR ON TERRORISM, IN PARTICULAR, OF ORIGIN ISLAMISTA, GENERANDO A PROCESS TYPE" SHOCK OF CIVILIZATIONS. " THE NEOCONSERVADORES IN THE UNITED STATES GOVERNMENT FROM 2000, HAVE ADDRESSED THIS PROCESS. ANALIZAMOS THE FACTS FOR HIS POLITICAL Seminars, INCLUDING THE WAR IN IRAQ, AS WELL AS ITS ORIGINS AND ITS HISTORIC APPROACHES DOCTRINALES. YENDO TO A LEVEL FOR PROFUNDO, FIND IN THE HISTORY AND DOCTRINE OF NEOCONSERVADORES, TWO IMPORTANT HISTORY DOCTRINALES INTERRELACIONADAS: A DIRECT, OF LEO STRAUSS, MASTER OF MOST REPRESENTATIVE IDEOLOGOS OF NEOCONSERVADURISMO CURRENT; OTHER INDIRECT AND MORE CONTROVERSIAL, OF THE CARL SCHMITT, THEORETICAL OF DECISIONISMO LEGAL AND JURISTA, AT ITS TIME, THE NACIONAL-SOCIALISMO. ANALIZAMOS ALSO FLOWS FILOSOFICAS WHERE ARISE: HOBBES., NIETZSCHE, ETC.

Author: Azcárraga Monzonís Carmen.
Year: 2006.
University: VALENCIA [www.uv.es].
Place of defense: Facultat de Dret.
Place of preparation: Facultat de Dret.

Summary: Inheritance international theme traditionally studied in the literature, both as compared Spanish, introduced at the same time and now novel. The new profile of Spanish society, characterized by new migration from a few years ago that are affecting the world with increasing intensity, calls into question the validity of the Spanish conflict rule on the matter, contained in art. 9.8 cc and materialized through the test connection "nationality". It thus raised issues such as the application of foreign law is not linked to inheritance or the need to adapt the two legal systems that come into contact, while foreign institutions may contain unknown to the legal system of the forum, or even considered contrary to Spanish international public order. The thesis finally designed in the research work is focused on a proposed reform of article 9.8 cc, in order to adapt to the new situation of Spanish society.

Author: JARILLO ALDEANUEVA ALVARO.
Year: 2006.
University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
Place of defense: DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The purpose of the research is the study of the right of political participation and democracy within the international legal system. At present, the political stability of States related to regional security and the international order has been established the interdependence between democracy and human rights. This research defines how far there has been the emergence of new international obligations in the field of political participation and democracy. The object of study is a dimension metajurídica, so the research is a method of analysis multidisciplinary going to knowledge sources from the International Relations, Constitutional Law, the Law Philosophy, Political Theory and History itself. The object of study is covered very topical, since you both theoretical point of view of international law and human rights law and practice from the perspective of the activity of international organizations and delos States. Political participation is an essential element of the concept of democracy and only through analysis we can understand the place the two concepts in the field of international law, either as an individual right (in the case of political participation) or as a principle political (in the case of democratic principle). The development of research combines theoretical approach with empirical studies on the action of the various international organizations, both intergovernmental and non-governmental organizations in the field of democratization activities. Taking as a starting point the study of the foundation filosófico-político the right of political participation and democracy, throughout the various chapters, discusses these concepts applied to the processes of transition (with an emphasis on the case of Spanish transition ). The analysis is based on the review of the regulation and application specific dela political participation and democracy through delos major international instruments of the United Nations, the Council of Europe, the European Union and the Organization for Security and Cooperation in Europe. The study of these international organizations takes into consideration the cases developed by agencies such as the Human Rights Committee, the European Court of Human Rights, the Court of Justice of the European Communities and other institutions of universal and regional levels. This analysis provides an accurate conclusions on the normative strength of political participation and democracy within the international system, as well as make useful suggestions for improving the effectiveness and coherence of activities democratization of international organizations.