Theses supervised by Wojciech Forysinski
10 theses · Eastern Mediterranean University
The Right to Self-Determination of the Peoples-The Case of Kashmir
The purpose of the present research is to examine the concept of self-determination and its applicability in international law. It also examines the applicability of secession as external right of self-determination. Secession is further analysed through the emerging doctrine of remedial secession. According to this doctrine people are entitled to secede under certain conditions that’s is when internal self-determination and human rights are violated by the parent state, and no other option is available but secession. The case of Jammu and Kashmir is the focus of this research where the Kashmiris are demanding their right to self-determination and independence from the Indian state. In this scenario, the applicability of secession is examined in the backdrop of denial of autonomy and gross human rights violations. It is endeavoured through this work to highlight the fact that the right to self –determination is of utmost importance for the people to decide their political, cultural and economic future. Keywords: Self-determination, Independence, Secession, Remedial secession, International Law, Human rights, United Nations, India, Pakistan, Jammu and Kashmir,
The Impact of Non-Governmental Organizations in the Implementation of International Human Rights Law: A Case Study of North-East Nigeria
Human Rights NGOS have emerged as important players in the process of implementing human rights laws in Nigeria. The proliferation of Human rights NGOs raises questions about their legitimacy in the drive to ensuring the implementation of human rights laws, it has also invited scepticism about the ability of the state to protect its citizens. In recent years, human rights NGOs in Nigeria are seen at the forefront of representing individuals who are classified as victims of human rights violations, they are clamouring for better policies that protect and promote human rights and human dignity through activities such as negotiation and mediation, advocacy, campaigns, naming and shaming. This thesis aims at analysing the impact of human rights NGOs from the liberal perspective and provides answers to the following questions; What Problems Do NGOs Encounter in The Process of Protecting Human Rights in Nigeria? How Do Human Rights NGOs Help Protect and Promote Human Rights? What Role Do NGOs Play in Protecting Human Rights in Northeast Nigeria? How do NGOs Negotiate and Mediate on behalf of citizens of Nigeria? Analysis has shown that human rights NGOs influence the implementation of human rights laws in Nigeria and they have made tremendous impact. This impacts depends on the roles they play in the state, their mode of operation and the relationship between them, the state and the citizens which has been demonstrated in the thesis, therefore a tentative conclusion can be drawn that NGOs are making impact in the implementation of human rights laws in Nigeria. Keywords: Nigeria, Non-Governmental Organizations (NGOs), Human Rights, Impact.
Conflicting Normative Systems and Institutional Challenges to Human Rights in Africa: A Case Study in Zambia
African states are faced with critical human rights challenges which continue to imperil the lives of countless citizens on the continent. Political instability, wars, genocide, and poverty to name a few have all played significant roles in aiding the violation of basic rights which presently affect the liberties of Africans. Zambia specifically, have displayed poor records in various aspects of human rights such as labor rights, women’s rights, refugees, and the rights of internally displaced persons (IDPs) consequently gaining attention globally. To realize the extent of the African human rights conundrum, it is important to point out the most basic underlying causal factors of abuse of human rights. In which two key factors account for the poor human rights record in Zambia; Institutional challenges, and socio-cultural influences on continent-wide value systems which continues to struggle to accommodate the universal human rights model enshrined in the Universal Declaration of Human Rights (UDHR). The African Charter on Human and Peoples’ Rights, with its emphasis on group rights and individual duties challenges the Universal account of rights. The cultural differences presented not only the tension between individual and group rights but also the question as to whether the universalism of human rights is possible. The focus of this thesis are the challenges facing human rights on the African continent today. It provides a short historical backdrop before moving on to an examination of the normative framework that presently prevails at the continental level. Incorporated are issues such as cultural relativism or reductionism, the iv structure and content of the African Charter on Human and Peoples' Rights, the human rights of women. Findings present various reasons such as: poverty, spirituality, lack of education and the government of Zambia continue to play a role in hindering the possibility of wide acceptance of universalism of human rights in Zambia. Keywords: human rights, universalism, cultural relativism, UDHR, ACHPR, institutional challenges, social cultural Influences.
The Evolution of UN Peacekeeping in the Democratic Republic of Congo: From ONUC To MONUSCO
The prevalence of peacekeeping and peacebuilding in the international relations discourse cannot be overstated. Peacekeeping has proven to be an integral part of United Nations machinery, and the related missions embarked upon by the organisation have led to tremendous strides in the promotion of international peace and security. This research focuses on the United Nations peacekeeping mission in the Democratic Republic of Congo. Primarily, this research will analyse the evolution of UN peacekeeping, from ONUC to MONUSCO, and will identify various reasons for this evolution. The challenges faced by both the UN and the Democratic Republic of Congo relating to peacekeeping and peacebuilding will be discussed in order to develop an understanding of the peacekeeping dilemma in modern day Congo DRC. Through the utilization of primary sources, secondary data and democratic peace theory, this study makes use of comparative analysis that analyses events of conflict, the peacekeeping missions relating to this conflict and the changes in the mandates that guided them. The United Nations involvement in Congo DRC as it relates to peacekeeping is well documented, and the organisation's commitment to the mission of peace is clear. However, for various reasons, the Democratic Republic of Congo continues to struggle to achieve sustainable peace. All in all, this research succeeds in providing an insight to the aforementioned and it highlights conditions that may result in alternate positive outcomes.
The Caspian Sea: A Special Regime for the Management of its Living and Non-living Resources?
The dissolution of the Soviet Union in 1991 reshaped the strategic balance of the Caspian Sea region and produced a frustrating uncertainty among both old – the Russian Federation and Iran - and newly emerged Caspian states: Azerbaijan, Turkmenistan, and Kazakhstan. Each of them pursued its own economic and political preferences in order to maximize access to this unique water basin and its resources. This, however, remains problematic given the disputed legal situation of the Caspian Sea. The problem of applicability, or non-applicability, of the treaties concluded between the Soviet Union and Iran in the past, and the difficulties in formulating a common position among new Caspian states transformed the Caspian Sea into an area of volatile geopolitical disputes. The legal situation of the Caspian Sea is undoubtedly unique and its denomination as a “sea” does not really reflect its geographical features. Neither does its denomination as a „lake‟. The main purpose of this thesis is to explore the legal situation of the Caspian Sea, past, present and future, and to focus on the problem of the management, protection and conservation of its living and non-living resources. The starting point of this thesis is the observation that the legal situation of the Caspian Sea remains unclear and contentious. It is a significant problem for all littoral states and obstacle to successful and effective management of its rich living and non-living resources, especially hydrocarbons. It remains contentious in the literature as well where different models for the Caspian Sea have been formulated and different predictions concerning the prospect for a new comprehensive Caspian regime made.
Bilateral and Multilateral Economic Diplomacy: A Case Study of the Republic of Benin
This research explores an alternative understanding of Economic Diplomacy from the developing nations perspective. Economic diplomacy was originally known to be an instrument developed and used by powerful states to protect and reinforce their economic interests in international politics. But in recent years many developing countries are becoming active in international economy. They also developed economic strategies to harmonize their interests with the interests of major actors in world politics. This research aims at showing that, developing nations can also set their legal and economic policies and accommodate some exogenous policies as regards to economic diplomacy under international law and their economic realities on the ground. To understand the key characteristics of developing nations’ Economic Diplomacy, the Republic of Benin will be used as a case study as it is grouped among the developing nations and shares some similarities with its peers. The developing nations in general, especially the developing nations in Africa including our case study, are utilizing two important strategies to make their economic diplomacy very effective. These strategies are continental integration, politically, economically and culturally to form a strong economic block. And the other strategy is about finding new strategic economic partners besides the established colonial and imperial powers with whom their economic relations did not yield expected results. Keywords: Benin, Economic Diplomacy, Development, Bretton Wood institutions.
Regionalization of Peacekeeping: An Appraisal of ECOWAS and African Union Peacekeeping Operations
Article II (4) of the UN Charter forbids the use of might by member state against the national sovereignty or political freedom of any country. The deployment of peacekeeping missions and peacekeeping operations has therefore been the traditional province of the UN. However, the emergence of local peacekeeping assignments towards the end of the 20th Century brought in some controversies that preoccupied the attention of some scholars. Such controversies range from the legality of such operations in international law. This thesis probes into the efficacy of the regionalization of peacekeeping operations in Africa with reference to the current debate about legitimacy and cooperation with the United Nations. Keywords: Regionalization of Peacekeeping, Legal Positivism Theory, Process Theory, Effectiveness of Operations, Legality of Operations.
International Police Organizations: Interpol and Europol Overlap and Interaction
The purpose of this thesis is to explore the correlation between the International Criminal Police Organization (Interpol) and the European Police Office (Europol) structurally, operationally, and functionally. to scrutinize the proposition that a distinction between these two organizations is not just about the extent of membership but also about the functions, roles, and the degrees of homogeneity and autonomy of the organizations. The methodological approaches employed are the fragmentation of international organizations and international law, regime theory, and bureaucratization theory of policing. Interpol and Europol perform dissimilar roles in the international system being instruments, arenas, and actors. At the same time, they do perform significant functions by providing international standardized norms and rules, responsible for rule application and exchange of information. This represents respective international regimes and different models of governance and administration in the field of combating transnational crimes. Keywords: International Police Organizations, Interpol, Europol, Regimes, Fragmentation, Bureaucratization, Autonomy and Homogeneity
The United Nations and The European Union: A Multifaceted, Differentiated Partnership
This study focuses on international institutions and their impact in world politics. It presents an analysis of the EU-UN cooperation in Security and crisis management. Applying a neoliberal view of institutionalized cooperation between the two international organizations I am trying to understand how they work together. Many years after its creation the United Nations has been leading many interventions in different zones of the world; enhance peace, and foster local development. Facing many difficulties concerning crisis management the United Nations finds another way to make its operations more effective by working with regional agencies that are also very active and important concerning crisis management into their zones. The European Union as an intergovernmental organization is emerging actor in peacekeeping and peace-building and has been an active partner of the United Nations. The partnership has been differentiated and further developed in different zones. This study tries to understand how the EU and UN cooperate. What have been their participations in the field of peacekeeping, peace-building and human rights? Keywords: European Union, United Nations, Peacekeeping, Peacebuilding, Neoliberal Institutionalism, Human Rights.
The Right to Self-determination and the Principle of Territorial Integrity of States: In Search of Reconciliation. From Kosovo to Crimea
International law is a process that changes over the years with the international environment. Since the law is changed, certain principles have become soft, and some from year to year more and more strong and steadfast. Territorial integrity and self-determination are well-known principles of international law and are derived from the same documents of international law. Both principles are closely related to each other and cannot be disentangled. In addition, the meaning of these principles and relationship between them continue to form the subject of debate. Territorial integrity is the right of the states to protect their own territory, the right to self determination is the right of people to freedom. The purpose of this thesis is to analyse the relationship between the principle of self determination of the people and the principle of territorial integrity of states. Is there normative conflict between them? This thesis will be based on the use of both primary and secondary sources. Analysis of documents of international law is essential for the case. The Case of Kosovo and Case of Crimea are used as tools, to show that any matter relating to both principles must be examined individually. In case of Kosovo the right to self-determination may be used to justify Kosovo secession from Serbia, because of special circumstances. Consequently it will be concluded that Crimea cannot base its claim to statehood in a right to self determination. Keywords: International Law, Territorial Integrity, Self-Determination, Kosovo, Crimea