Search for dissertations about: "international process law"
Showing result 1 - 5 of 46 swedish dissertations containing the words international process law.
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1. Citing Matters : An Analysis of the Use of Judicial Decisions in International Criminal Law Adjudication through the Lens of Law-Making
Abstract : The present research investigates the formative processes of international criminal law through the iterative citation of judicial decisions in adjudicatory practices. Given the centrality of the judge in the adjudication of international criminal law, this study is underpinned by a legal realist approach to international law informed by the work of Alf Ross (Scandinavian Legal Realism) and Gregory Shaffer (New Legal Realism), according to which the meaning of legal rules and principles is not autonomous from how they are empirically practiced and interpreted by courts. READ MORE
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2. Themis v. Xiezhi: Assessing Judicial Independence in the People's Republic of China under International Human Rights Law
Abstract : The first of three parts in this study elaborates on international human rights law and drawing on the most essential international instruments and jurisprudence, the criteria constituting judicial independence are distilled as a framework for assessment. The point of departure is that judicial independence is a necessary guarantee for the enjoyment of human rights rather than a privilege of judges. READ MORE
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3. Defining rape : emerging obligations for states under international law?
Abstract : The prevalence of rape and its widespread impunity, whether committed during armed conflict or peacetime, has been firmly condemned by the UN and its prohibition has been consistently recognised in international law. This development, however, is a rather novel endeavour. READ MORE
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4. Stronger than Justice : Armed Group Impunity for Sexual Violence
Abstract : What conditions lead to confidence among civil war combatants that they will not face accountability for perpetrating sexual violence? This study investigates the causes of impunity for sexual violence among armed actors. It develops a theoretical framework which identifies three explanations for armed group impunity for sexual violence, namely (1) flawed prohibitions inside an armed group; (2) negligent enforcement by its authorities; and (3) pardons in the form of amnesties during the peace process. READ MORE
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5. The Responsibility to Protect by Military Means : Emerging Norms on Humanitarian Intervention?
Abstract : This dissertation is an interdisciplinary study on the external ‘Responsibility to Protect’ (R2P) and international law. It focuses on the legal customary process on jus ad bellum by which states try to address the gap between the legitimacy and legality of humanitarian intervention to protect human security within a state against genocide, war crimes and crimes against humanity. READ MORE