INTERNACIóNAL PUBLIC LAW

Author: FEBRER PACHO GONZALO JOSÉ.
Year: 2003.
University: LLEIDA.
Place of defense: DERECHO Y ECONOMÍA.
Place of preparation: UNIVERSIDAD DE LLEIDA.

Summary: Through history, and, increasingly in recent decades, countries have been instituted at the international rules aimed at enccauzar and regulate their economic transactions in a context of free competition. These rules of the game we find the "clause of the most favored nation" legal instrument that facilitates the creation of business relationships, and which by their very practical nature itself of its commercial nature, allows removing barriers to international trade. At present, national economies have become "global": each of them is embedded in an increasingly narrow beam in a relationship (monetary, financial, trade, industrial, technological), a universal scale. The result is a set of units and solidarity among different countries, which goes beyond the mere level of economic relations, to expand to a culture increasingly uniform, lifestyles increasingly estadarizados. Our intention in this paper is to introduce some thoughts on institutional trends that are perceived in the current international system, in conjunction with the clause of the most favored nation, trying to put these thoughts in a broader context as is the "regionalism open ", which emphasizes the use of regional agreements as a mechanism to expand trade and investment, in turn insisting that such agreements reinforce the liberalization of world trade. Based on the above observations, which seek to analyze the true extent of open regionalism, it is a special reference to the foreign policy of Chile, a country that has been promoting open trade relations with various integration blocs and countries, pooling unilateral initiatives for opening its economy with the signing of Free Trade Agreements and active participation in multilateral negotiations, leading us to conclude that for their variety, dynamism and projecting into the future, the Chilean model of external relations can be viewed as an example for others developing countries. The external relations of Chile are balanced and varied. Their political and economic ties stretching from Latin America and the United States to Europe and Asia, without a preference over by ningúno them. The goal of this whole effort is to raise a concern about one of the most important aspects of contemporary international economic law, which is the regulation of the MFN and the impact of this institution in the strategy of Chile to diversify export markets, attract foreign investment and promote liberalization overall comercio.Por Furthermore, we intend to provide the scientific community with a platform that can help to elucidate the possible solutions, as well as new approaches to open the way for the strengthening economic integration processes consistent with the policies designed to raise international competitiveness.

Author: REIS CONDESSO FERNANDO DOS.
Year: 2003.
University: REY JUAN CARLOS.
Place of defense: CIENCIAS JURÍDICAS Y SOCIALES.
Place of preparation: FACULTAD DE DERECHO, UNIVERSIDAD DE EXTREMADURA.

Summary: This Doctoral thesis examines issues of great interest such as environmental issue, public administration, and the importance of the information, historical and conceptual foundations of the administrative and informative documentary transparency, access to documents of the Union institutions European, the general regime of the right of access to information in Spain, the general regime of the right of access to information in Portugal, the European Union law on access to environmental information, importancila and effectiveness of transparency documentary, the issue the organization of administrative control independent media prior to litigation, all of this from a legal and regulatory perspective.

Author: MELGAR FERNÁNDEZ MARIO.
Year: 2003.
University: POMPEU FABRA.
Place of defense: DEPARTAMENTO DE DERECHO.
Place of preparation: UNIVERSIDAD POMPEU FABRA.

Summary: That argument has a dual interest: on the one hand, from the substantive point of view, addresses an issue of paramount importance in international public law as is the relationship between international standards governing the conservation of biological diversity and that protecting intellectual property rights and, on the other hand, is a case more than one of the issues of greatest interest for Science systemic international law, the relationship between international regimes materials. In the thesis using a broad concept of regime in a way that allows it to include not only international norms but also the internal rules of regulatory development of the international obligations that are not directly applicable. From him, examines the regime of biodiversity, its locks in international environmental law, the rules which it is composed and two specific issues that are relevant to the subject of the investigation, the rules governing access to genetic resources and biotechnology. After discusses the regime of intellectual property within the multilateral trading system, deepening one of the key rights to the research, patents. In the third part, he examines the relationship between the two regimes, identifying areas materials and institutional fora in the under discussion. In addition, and is particularly relevant, the theory suggests that such relationships can be both positive and negative. The positive relationships are a duty, an obligation, and that without an integrated approach, (and this is the popuesta of the thesis) is not possible to achieve the objectives of the Convention for the conservation of biodiversity. Relations negative, the potential conflict between the two regimes are only a possibility, as there are no prima facie conflict between normative standards of either scheme, since such conflicts may arise as a result of internal policy development of international obligations they are not directly applicable. Moreover, in international law there are certain institutions that can avoid such conflicts in some cases. Thus, the thesis defended the need for an integrated approach and that such relations be done by amending international standards by law to develop international obligations and through inclusive interpretation of the obligations of both regimes.

Author: ARMENGOL FERRER FERNANDO.
Year: 2003.
University: POMPEU FABRA.
Place of defense: DEPARTAMENTO DE DERECHO.
Place of preparation: DEPARTAMENTO DE DERECHO ADMINISTRATIVO DE LA UNIVERSIDAD DE BARCELONA.

Summary: The purpose of this thesis is the study of the European Bank for Reconstruction and Development (EBRD), an international financial institution specifically dedicated to cooperation for the transition in Central and Eastern Europe. The most characteristic feature of the Bank is that, unlike other international development cooperation, it takes a lead role or directing the actions promoted, but as a catalyst for the initiatives arising from the very society of countries where it operates. This makes it a benchmark for economic cooperation in a globalized environment and the future of European integration, in which networking transnational cooperation is having a very important role. The work is divided into four parts. The first deals with the process of political and economic transition in the countries of Central and Eastern Europe and the role played in it by international cooperation, where it is the initiative of the EBRD and institutional settings. The second part discusses the objectives and the means of action of the EBRD. In this regard, special emphasis is placed on the "role of adaptation" EBRD, understood in the sense of accommodating the political and economic systems of the States in which the Bank operates with the principles of market economy and trade international liberal. This generic "adaptive function allows to cover the various initiatives and actions undertaken since the Bank, which were mentioned above. Such a function is, in turn, subject to the parameters set by the "mandates" of cross Convention ( "democratic conditionality" imposed on beneficiaries and obligation to promote respect for the environment, imposed by the Bank) and the principles taxes the operations, limiting to 40% of the transactions with the public sector and the principles of "additionality" and "conditionality", whereby the Bank always act in addition to other initiatives, and never when the market can act on their own . The third part deals with the institutional structure of the Bank, ie, its governing bodies, its privileges and immunities, including jurisdictional immunity, and the legal status of the Bank, to which should be added the status of the member states and the capital resources of the institution. In the fourth, discusses issues relating to the legal, political control and jurisdiction in relation to the EBRD. Within this part is analyzed, first, the relationship of the "adaptive function" with the Bank's legitimacy arose from the Helsinki Process, understood as the consensus of the international community based on the ideas of democracy and pluralistic economy market. Here, we studied the regulatory function of the Bank, from the "constitutional duty" of the Convention and the development of legal standards development by their own bodies. Also referred to the application of other rules of international law and the receipt of European Community law. On other matters, addresses the issue of democratic control over the Bank, both practiced since a parliamentary bodies, both national and international, such as that carried out by the civil society, from the public information policy. The final chapter describes the means of dispute resolution employed by the Bank, both of the non-judicial (negotiation and arbitration) as the possible actions that could be taken before the courts.

Author: ARIAS RAMIREZ BERNAL.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO , UNIVERSIDAD COMPLUTENSE.
Place of preparation: COMPLUTENSE DE MADRID.

Summary: SUMMARY: The research part of the basis of Article 63.2 of the American Convention on Human Rights, which establishes the process precautionary "interim relief" for exceptional cases of extreme gravity and urgency, when it seeks to avoid irreparable damage to persons. The institute is studied from all elements 10componen: levels orgánico-funcionales the inter-American system of human rights protection, namely Commission and Court, with their respective roles and responsibilities; analyzing the state of facts and bodies guardianship prudential regulatory human rights in the Americas, both substantive as an adjective; depending on the role that developed the parties to the dispute instrumental (individuals, NGOs and State); in the light of the requests and jurisprudence the Commission and the IACtHR and supported in the literature -estudios on the American system of protection and doctrinaire of the theory of the process. The work of Doctoral Thesis was structured into six chapters, we look at them, (Chapter 1) Overview of the prudential supervision and the specifics of the interim measures (Chapter TI) Notes caracterizadoras the implementation of the institute precautionary other universal systems and regional. It is a comparative study regarding: the International Court of Justice in The Hague, the Human Rights Committee yel CAT both United Nations and the European Court of Human Rights (Chapter III) The legal framework of measures tentative: the American Convention on Human Rights (Chapter N) and interim relief in the Inter-American Commission on Human Rights, (Chapter V) and temporary emergency measures in the Inter-American Court of Human Rights (Chapter VI) Measures the interim order of the States as a subject of international law par excellence. It concludes with the major findings, conclusions and recommendations of the inquiry. DESCRIPTORS: POLITICAL SCIENCE, POLICY SOCIOLOGY, HUMAN RIGHTS, THE INTER-AMERICAN SYSTEM, PRECAUTIONARY MEASURES /

Author: ESCOBAR M. DE FERNÁNDEZ CLAUDIA.
Year: 2005.
University: AUTÓNOMA DE BARCELONA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: GUATEMALA.

Summary: The research is based on an extensive literature on small states, which covers political, economic, social, legal and security, among others and has to demonstrate to the importance of these states at present and how they can participate in world politics. As a basis for further discussion, in the early chapters look at the various definitions of "small state", the historical evolution of this concept, as these arise and their particular characteristics. Later deals with the issue on small states in international relations, focusing on the advantages or disadvantages that may be a small state and on the conditions necessary for the survival of such statements, covering the classic or traditional strategies that relate all aspects of security, which takes into consideration the neutrality, partnerships and others. It also presents new trends covering aspects such as joining trading blocs, political associations and an active diplomatic involvement. It also discusses the principle of asymmetry and this has been developed in different integration process to assist the development of small states. And we present how the various international organizations to support these statements. This study includes the effects of globalization on small states, and the challenges facing these challenges, as well as the risks to which they are exposed within this process, in which some small states have benefited and others feel threatened . The role that small states have played in the formation of European Union and its institutions serve as a model for small states of the Central American region can continue in the integration processes that are currently taking place in the region. Finally reflects on the importance of competitiveness for small States, referring to economic competitiveness is a reflection of good governance and its institutions. The main purpose of the investigation has been noted that in the globalization era, the small Central American states, they can through the integration strengthen their competitive advantages and achieve enhance their development. To which it is essential to have overcome some shortcomings. It is essential that their territory is a real rule of law, the strengthening of institutions, the capabilities of their leaders and their people and achieve further refine methods diplomats. The purpose of all this is to point out that the greatest opportunity possessing small States to exercise its sovereignty today lies in the exercise of International Law.

Author: Boni Aristizabal Alejandra.
Year: 2005.
University: VALENCIA.
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: This research is aimed at further development education (ED) is defined as one of the strategies of international cooperation aimed at promoting human development. It deepens especially in the ED at the university level. The investigation begins with a summary of the evolution of theories of development from the 50's to today who are on a par with the creation and development of the system of international cooperation. Subsequently, this trend is linked with the various practices ED performing NGO Development, the major players in this field, which have been classified according to a model of five generations. The proposed ED, which is presented in this research, development education and education for the creation of a cosmopolitan citizenship (EDCC), would be drawn in the fifth generation of ED. Subsequently, the theoretical framework is developed transdisciplinar substantiating the characteristics of the EDCC. This framework contains a theoretical foundation ideologically-based on the concept of human development and their relationship to human rights and the idea of citizenship-a cosmopolitan axiological foundation-based moral values in the Universal Declaration of Human Rights-a substantiation teaching, which collects the greatest influences of different educational streams essentially popular education and education as a critical social practice - and justification - that addresses the psychological approaches socioconstructivistas learning and the development of the moral conscience-. After that, presents the definition and characteristics of the EDCC understood as a strategy for cooperation to citizenship North aims to promote the empowerment of the individual through a process of teaching and learning in forming knowledge, skills and values and to promote a sense of belonging to a global community of equals. The ED is geared to action at the individual level, locally and globally to achieve human development. It then discusses the vision of the ED and the tools that are its principal actors who belong to both the cooperation and education. In the same section outlines three good practices in the field of ED formal, non-formal and informal learning and, in light of this reflection, developing a series of recommendations for actions of ED fifth generation. In the last two chapters, the investigation enters the campus with a first relfexión on how the context of globalization is contributing to the university. Later, discusses how they should be teaching practices, academic researchers and extension of the university if it would like to move towards human development. Reflection on the more genetic tertiary institution ends with a point on the instruments available to the university for working with international cooperation. The final chapter is devoted to describing how can addressed the EDCC within the university, particularly in the scientific and technical sphere. It presents an itinerary of 270 hours (9 ECTS), thinking for graduate students and based on free choice. This itinerary has been designed to be viable within the European Higher Education Area and includes two subjects a traineeship and assistance to a number of awareness-raising activities.

Author: CARRASCO GONZÁLEZ ANTONIO MANUEL.
Year: 2005.
University: PABLO DE OLAVIDE.
Place of defense: FACULTAD DE DERECHO (DEP.DE DERECHO PÚBLICO).
Place of preparation: FACULTAD DE DERECHO (DEP.DE DERECHO PÚBLICO).

Summary: The honoree analyzes the first phase of Spanish colonial law in Equatorial Guinea (1777-1858) in a study, innovative and unprecedented in Spanish literature, from a multidisciplinary perspective, opening the Public International Law, the Law colonial compared to the History of the Spanish Law, International Relations. The value of the thesis is not restricted to express the first steps of the Spanish colonization of the African soil and handles legal told the authorities that the staged, but diving with wisdom and knowledge on the phenomenon in colonizing Africa, in the titles from the western perspective, it legitimized and institutes of law developed in this regard by the major colonial powers of the time. Both the documentation consulted as extensísima literature managed guarantee the quality of the pages that were submitted for consideration, aglutinadas in a clear structure of comprehensive development. Again I point out that the general field of study of this thesis has no major contributions to contemporary doctrine Spanish.

Author: BECERRIL ATIENZA BELÉN.
Year: 2005.
University: SAN PABLO CEU.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO UNIVERSIDAD SAN PABLO-CEU.

Summary: THESIS DOCTORAL DEAL IS THE STUDY OF THE ACTION OF THE EUROPEAN COMMUNITY CULTURAL. THE FIRST PART, COMPUESTA CHAPTERS OF FIRST AND SECOND, IS FOCUSES ON APPROACH THE CONCEPT, TACKLING THE CONFUSO CONCEPT OF CULTURE AND NOTES DEFINING THE ENGAGEMENT OF PUBLIC AUTHORITIES IN THIS FIELD. THE SECOND PART ANALYSIS DEVELOPMENT AND EXERCISE OF POWERS CULTURAL COMMUNITY IN THE FIELD. CHAPTER THREE stresses SINGULARIDAD OF PROLONGED DEFICIT CULTURAL COMMUNITY FERENTE TO INTERNATIONAL ORGANIZATIONS AND THE EUROPEAN MEMBER STATES OF CONSTITUTIONS. CHAPTER FOUR ON LE PERIOD BEFORE MAASTRICHT, DESCRIBES THE FOUNDATIONS COMPETENCIALES OF INTERVENTION AND ANALYSIS AND CULTURAL VALUEADDED MAJOR ACTIONS. THE FIFTH ON THE PERIOD POST-MAASTRICHT, ESTUDIA ARTICLE 151 EC AND ANALYSIS AND CULTURAL VALUEADDED MAJOR ACTIONS UNDERTAKEN SINCE 1992. THE THIRD PART ESTUDIA IMPLEMENTATION OF LEGISLATION ON FREEDOM OF MOVEMENT OF GOODS TO FIELD cultural exchanges. CHAPTER SIX ABODRDA TO THE PROHIBITION OF CUSTOMS DUTIES, LEVIES EFFECT OF EQUIVALENT DISCRIMINATORY AND TAXES, AND THE SEVENTH, BAN Quantitative restrictions and measures having equivalent effect, ALL THAT IN CONNECTION WITH THE CULTURAL PROPERTY.

Author: ÚBEDA DE TORRES AMAYA.
Year: 2005.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The principle of democracy has its own legal pace, its own time: the promotion, which includes, in turn two compasses. In the first, some arrhythmia occurs between the two systems: if traditionally Europe is proclaimed as the cradle of democratic values and thus stands the Council of Europe after the Second World War, there is a need at that time to declare solemnly membership of the European states to respect for democracy and human rights in America, the OAS enfrena a dual challenge, the democratization of the continent, constantly assaulted by political instability and the risk of dictatorships, and the action of the great colossus of the North, the State hegemón. In the second meter, the proclamation policy leads to the inclusion legal, which is consolidated through the adoption of the texts of human rights protection: although again the temporal element distance to both systems, it is precisely this period that fosters most of their similarities and reciprocal influences that occur after the drafting of conventional agreed to enshrine and map out a permanent link between human rights and democratic principle. They protection systems that created the opening time of the judicial protection of the democratic principle. It acts as an engine of rights, as a criterion based on broad interpretation of the Conventions which leads to a ranking of those rights which bear a special relationship with the (Chapter VI). The time is finally, once again the protagonist in restrictions on the exercise of rights, demonstrating the contradictory functions to be performed: slowing the pace of the same in times of peace and democratic stability, or accelerating the performance of systems in emergency situations and emergency, which are, by definition, temporary and have an innate tendency, therefore, to the lapse.

Author: BENÉDICTE REAL.
Year: 2005.
University: LLEIDA.
Place of preparation: FACULTAT DE DRET I ECONOMIA UNIVERSITAT DE LLEIDA.

Summary: The Security Council, restricted body of the Organization of the United Nations established in 1945, has as its primary responsibility of maintaining international peace and security. In the first part of this thesis explores, in the first chapter, the incorporation of the right of veto in the Charter privilege of the permanent members. Because of the Cold War, the Council was quickly blocked, and the broad interpretation of Article 27.3 of the face, such as the adoption of the resolution "Acheson" were ways to limit the effects of the veto, given the great difficulties in forming the letter united Nations. The second chapter discusses the various bodies created within the United Nations, which had or still have as a primary mission, to make proposals for amending the Charter in order to improve the functioning of the Organization, and more particularly the Council. The third section presents the many proposals for reform relating to the veto that have been divided into three categories: the elimination of the veto, its imitation and its extension by the growing number of owners. The second part of the thesis examines recent international conflicts, in which the existence of the veto power influenced developments. On the one hand, he examines the conflict in Afghanistan in 2001, which resorted to Rule 51 of the Charter. It highlights the inability, for the Security Council to monitor the implementation modalities of self-defense and more particularly the principle of subsidiarity, by the fact that the United States have the right of veto, it also underscores the difficulties of organ restricted United Nations acting in the post conflict. It also examines the case of the Iraqi crisis of 2002-2003, with a reference to the Gulf War of 1990-1991, which undoubtedly had an impact on recent developments. The need unanimity among the permanent members, due to the law of veto, can cause the adoption of resolutions that have several interpretations. In this conflict, interpreting the relevant resolutions, a coalition of states considering possible armed intervention. It also highlights a broad interpretation of the legitimate defense exception to Article 2.4 of the Charter with the concept of preventive war. Finally it is known that the difficulties the Council to act in the reconstruction of Iraq, limited by the threat of a veto by the United States, if demands too embarrassing for the government of Washington. At the end of this work, compiling relevant findings.

Author: MARTÍN ORTEGA OLGA.
Year: 2005.
University: JAÉN.
Place of defense: FACULATAD DE CIENCIAS SOCIALES Y JURÍDICAS.
Place of preparation: FACULTAD DE CIENCIAS SOCIALES Y JURÍDICAS.

Summary: In the current socio-economic crossroads, the State shares with other non-State actors, including multinational corporations, certain areas of power, and most importantly, the ability to develop activities that affect the individual and may therefore have important effects on their rights. In this context, it poses to the international law of human rights, in particular, and international law for the general public, the scientific challenge of how to respond to possible legal loopholes in the protection of the individual generated by these changes. Challenge that is inserted in this dissertation. Our research has party that is the very nature of multinational corporations, its important influence at the international level and particularly its ability to impact on the lives of individuals and the enjoyment of their rights, making them worthy of attention especially on the part of public international law. Here, we identified as a goal the determiar in investigating how standards and procedures for protecting human rights have sufficient capacity to be reoriented so that they can cope with new social needs. To respond to this objective we have tackled the problem from two perspectives. On the one hand, since the obligations of States, and another from the perspective of the obligations of multinational enterprises themselves in international law. This analysis has enabled us to explore possible ways to control the behavior of multinational corporations in international law in the actualiadd. And whether there is a consensus necessary for legal development in this regard. A consensus that allows us to articulate tools and mechanisms under the responsibility of multinational companies in the field of human rights. Thus, this thesis has dealt in depth the following points:-the issue of international legal personality of multinational corporations-the obligations of states to protect human rights against the encroachment of private actors-instruments directly aimed at businesses multinationals, in particular: the OECD Guidelines on Multinational Enterprises, the ILO Tripartite Declaration on Multinational Enterprises and Social Policy; Standards Subcommittee of the United Nations for the protection and promotion of human rights responsibilities of transnational corporations and other commercial entities in the field of human rights, the Global Compact of UN Secretary General, and corporate social responsibility and its instruments - national and international jurisprudence relevantante, including: criminal organizations and processes to industrial Germans and Japanese after World War II, the question of the possible inclusion of companies in the personal jurisdiction of the International Criminal Court, and at great length, the American jurisprudence under the Alien Tort Claims Act. The conclusions our work makes proposals for future policy development in this area.

Author: TORRES PEREZ MARIA.
Year: 2006.
University: VALENCIA.
Place of defense: FACULTAT DE DRET - UNIVERSITAT DE VALENCIA.
Place of preparation: FACULTAD DE DERECHO - UNIVERSITAT DE VALENCIA.

Summary: NO PLACE TO KEEP IN THE DAY TODAY IN CRIMES AGAINST HUMANITY UNIVERSALLY RECOGNIZED AS THOSE ARE SERIOUS OFFENSES AGAINST THE LIFE AND DIGINIDAD OF THE HUMAN PERSON, AND IN THE INDIVIDUALS THAT COMETAN SUSCEPTIBLE TO BE SUBJECT TO CRIMINAL LIABILITY. BUT THE DEFINITION OF THESE CRIMES AND ITS ELEMENTS CONFIGURADORES HAS NOT BEEN PEACEFUL BUT WHICH HAS BEEN SOMETIDA SINCE THE BIRTH OF INTERNATIONAL CRIMINAL TO FIGURE THIS MANY POLITICAL PRESSURES.

Author: SUÁREZ OSTOS MARÍA LORENA.
Year: 2006.
University: GIRONA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: UNIVERSIDAD DE GIRONA.

Summary: In case of massive displacement, it is impossible to immediately determine on an individual fears persecution of people who make up the group. Precisely nate reality dismally in the promotion of international protection; exclusively applicable to a kind of refugees almost inecistente, becoming less frequent in group identification and prima facie refugees, the proliferation of charter subsidiary, increased internal displacement and the trestricciones who oppose States on grounds of national security or public order, it was felt that a estuido on temporary protection and the obligations that have been developed to deal with such contingencies. Starting with the initial approach the challenges and legal obstacles, which this phenomenon has arisen for States and for the evolution of international refugee law and the absence of a universal international legal regime governing the protection of this situation in the Right internaiconal, systematizing the various elements that have been incorporated in this collective protection. It has analyzed the protection of massive flows in the spirit of giving positive features, a concept that has been seen as a negative step in the ámbtio of International Protection. Well temporary protection does not have to lower standards of protection nor substitute for the international protection which is the classic of refugees.