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You searched for subject:(Dispute Resolution Mechanism). Showing records 1 – 2 of 2 total matches.

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University of Toronto

1. Jensen, Theresa. The Role of Dispute Settlement Mechanisms in the Constitutionalization of Regional Trade Agreements.

Degree: 2011, University of Toronto

This paper discusses the role played by Dispute Resolution Mechanisms in the European Union and the North American Free Trade Agreement (NAFTA), and the way in which they potentially contribute to the constitutionalization of such Regional Trade Agreements. The European Court of Justice has played a major role in the constitutionalization of the European Union due to the preliminary reference procedure, as well as the principles of direct effect and supremacy. The lack of availability to NAFTA Dispute Resolution Mechanisms of the principles which are so influential with the European Court of Justice mean that NAFTA’s Dispute Resolution Mechanisms are unable to drive constitutionalization in a manner similar to the ECJ. Chapter 11 of NAFTA however has the potential to act as a agent of constitutionalization within the scope of international investment law, but not of NAFTA itself.

MAST

Advisors/Committee Members: Green, Andrew, Law.

Subjects/Keywords: Dispute Resolution Mechanism; Constitutionalization; Regional Trade Agreements; 0398

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APA (6th Edition):

Jensen, T. (2011). The Role of Dispute Settlement Mechanisms in the Constitutionalization of Regional Trade Agreements. (Masters Thesis). University of Toronto. Retrieved from http://hdl.handle.net/1807/30641

Chicago Manual of Style (16th Edition):

Jensen, Theresa. “The Role of Dispute Settlement Mechanisms in the Constitutionalization of Regional Trade Agreements.” 2011. Masters Thesis, University of Toronto. Accessed March 30, 2020. http://hdl.handle.net/1807/30641.

MLA Handbook (7th Edition):

Jensen, Theresa. “The Role of Dispute Settlement Mechanisms in the Constitutionalization of Regional Trade Agreements.” 2011. Web. 30 Mar 2020.

Vancouver:

Jensen T. The Role of Dispute Settlement Mechanisms in the Constitutionalization of Regional Trade Agreements. [Internet] [Masters thesis]. University of Toronto; 2011. [cited 2020 Mar 30]. Available from: http://hdl.handle.net/1807/30641.

Council of Science Editors:

Jensen T. The Role of Dispute Settlement Mechanisms in the Constitutionalization of Regional Trade Agreements. [Masters Thesis]. University of Toronto; 2011. Available from: http://hdl.handle.net/1807/30641


University of New South Wales

2. Subramaniam, Yogeswaran. Orang Asli land rights by UNDRIP standards in Peninsular Malaysia: an evaluation and possible reform.

Degree: Law, 2012, University of New South Wales

This thesis makes an original contribution to knowledge by evaluating Malaysian laws on Orang Asli (‘OA’) land and resource rights and suggesting an alternative legal framework for better recognition and protection of these rights: (1) by reference to standards derived from the 2007 United Nations Declaration on the Rights of Indigenous Peoples (‘UNDRIP’); and (2) having regard to the Malaysian Constitution.Malaysia’s vote supporting the UNDRIP and its courts’ recognition of common law Indigenous customary land rights have not induced state action that effectively recognises the customary lands of its Indigenous minority, the OA people. Instead, state land policies focus on the advancement of OA, a marginalised community, through development of OA lands for productive economic use. Such policies may have some positive features but they also continue to erode OA customary lands. Existing protectionist laws affecting OA facilitate these policies and provide limited protection for OA customary lands. Resulting objections from the OA community have prompted calls to honour the UNDRIP. These tensions and concerns raise legal questions regarding the adequacy of the existing legal framework governing OA customary lands and the extent to which constitutional arrangements can accommodate UNDRIP standards.The special constitutional position of OA that has enabled extensive state control of OA land and lives equally permits legal recognition of OA customary lands compatible with the UNDRIP. However, existing statutory laws affecting OA and placing ultimate power in the state are at odds with UNDRIP standards. These laws have worked to the detriment of OA. Despite the potential of common law Indigenous title, domestic experiences and experiences drawn from Australia and Canada suggest thatordinary common law development of OA customary land rights without state intervention may also fall short of UNDRIP standards. This thesis concludes that statutory recognition of autonomous OA communal ownership of land and resources with necessary legal safeguards provides a viable alternative for reform. However, a formidable challenge to effective reform remains the lack of political will to recognise OA as a distinct community deserving of UNDRIP rights. Advisors/Committee Members: Gray, Janice, Law, Faculty of Law, UNSW, Brennan, Sean, Law, Faculty of Law, UNSW.

Subjects/Keywords: Declaration on the Rights of Indigenous Peoples; orang asli; Malaysian Constitution; international indigenous rights; land reform; Aboriginal Peoples Act 1954 (Malaysia); Federal Constitution; indigenous land policy; collective rights; self-determination; indigenous land autonomy; just redress; adequate compensation; just compensation; UNDRIP; orang asli rights; orang asli history; ILO Convention 107; customary rights; ILO Convention 169; common law; orang asli rights at common law; indigenous institutions; communal ownership; inalienability of title; free, prior and informed consent; indgenous land dispute resolution mechanism; customary law; native title; aboriginal title; indigenous title; land rights; communal title; resource rights; consultation; indigenous people; aboriginal rights; protectionism; orang asli development

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Subramaniam, Y. (2012). Orang Asli land rights by UNDRIP standards in Peninsular Malaysia: an evaluation and possible reform. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/52612 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:11285/SOURCE01?view=true

Chicago Manual of Style (16th Edition):

Subramaniam, Yogeswaran. “Orang Asli land rights by UNDRIP standards in Peninsular Malaysia: an evaluation and possible reform.” 2012. Doctoral Dissertation, University of New South Wales. Accessed March 30, 2020. http://handle.unsw.edu.au/1959.4/52612 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:11285/SOURCE01?view=true.

MLA Handbook (7th Edition):

Subramaniam, Yogeswaran. “Orang Asli land rights by UNDRIP standards in Peninsular Malaysia: an evaluation and possible reform.” 2012. Web. 30 Mar 2020.

Vancouver:

Subramaniam Y. Orang Asli land rights by UNDRIP standards in Peninsular Malaysia: an evaluation and possible reform. [Internet] [Doctoral dissertation]. University of New South Wales; 2012. [cited 2020 Mar 30]. Available from: http://handle.unsw.edu.au/1959.4/52612 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:11285/SOURCE01?view=true.

Council of Science Editors:

Subramaniam Y. Orang Asli land rights by UNDRIP standards in Peninsular Malaysia: an evaluation and possible reform. [Doctoral Dissertation]. University of New South Wales; 2012. Available from: http://handle.unsw.edu.au/1959.4/52612 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:11285/SOURCE01?view=true

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