This thesis analyses the legal evolution of the institutions of arbitrazh court and private arbitration in Russia from the perspective of legal memetics and political theory of sistema.
Canada’s history has been shaped by settler colonialism. The Indigenous populations who had lived on the territory prior to the arrival of European colonists are now marginalized groups. But how...Show moreCanada’s history has been shaped by settler colonialism. The Indigenous populations who had lived on the territory prior to the arrival of European colonists are now marginalized groups. But how did they go from being trading partners to being forced into reservations? This thesis investigates changes in notions of political authority of Indigenous Peoples in Canada in the eighteenth and nineteenth centuries. The findings include proof for a plurality of practices between settlers and Indigenous communities in the eighteenth century. In the nineteenth century, this plurality disappeared, and was replaced by the imposition of European practices on Indigenous Peoples. This change was due to a changing political landscape in the colony, with the Canadian colonial government gaining more independence and changing the doctrine on relations with Indigenous Peoples. These changes resulted in Indigenous Peoples being stripped of their political authority and ultimately falling under the authority of the Canadian colonial government, which had gained power in the same century.Show less
Considering the urgency posed by the violent homophobic conduct of Sub-Saharan African states towards males who appear as challenging the socially dominant standards of masculinity and sexuality,...Show moreConsidering the urgency posed by the violent homophobic conduct of Sub-Saharan African states towards males who appear as challenging the socially dominant standards of masculinity and sexuality, this thesis aims to problematize queer violence in the African post-colony. Queer violence is hereby defined as the violence inflicted upon the bodies and lives of citizens of the post-colonial state on the sole ground of their perceived or actual sexuality. Looking into the underexplored case of Nigeria, this thesis asks the following question ‘How has the Nigerian state exercised queer violence?’ Based on a review of the literature, the building blocks of the homophobic discourse (laws, morality, tradition and religion), which legitimize queer violence in the African context, and particularly in Nigeria, are discussed. In order to criticise the persisting violent conduct and unveil how queer violence functions, queer theory is utilised together with Foucault’s notion of biopolitics and Mbembe’s necropolitics. Additionally, a genealogical approach helps analyse the state conduct through its discursive, but also non-discursive/material practices. Through the analysis of the occasion of the arrests and arraignment of 57 men in Lagos, Nigeria from August 2018 through March 2020, for offenses related to same-sex relations and homosexuality, it is observed that the Nigerian state has exercised queer violence by disguising its necropolitical conduct in biopolitical terms. It has been further observed that queer violence is performed indiscriminately, endangering especially the male population.Show less
When the United States was formed, the division between the North and South on the basis of slavery was not as evident as it would later become. Virginia, as a Southern state, did experience a...Show moreWhen the United States was formed, the division between the North and South on the basis of slavery was not as evident as it would later become. Virginia, as a Southern state, did experience a moment where slavery was questioned. This questioning mounted in the 1782 Virginia Manumission Law. This thesis investigates how Virginia dealt with the question of slavery in the Revolutionary Era.Show less
The central question this thesis will attempt to address is: ‘What problems arise when private security companies are allowed to perform public tasks and how may these problems be overcome?’ In...Show moreThe central question this thesis will attempt to address is: ‘What problems arise when private security companies are allowed to perform public tasks and how may these problems be overcome?’ In order to narrow the scope of this very broad question, I will attempt to answer it by focusing specifically on PMSC activity during anti-piracy actions. The arguments in this thesis will show how the ambiguous nature of the current legal framework has caused a lack of democratic responsibility in anti-piracy action. This has led to a situation of increased violence and human rights violation as economic incentives have been allowed to precede social incentives. To increase democratic responsibility in PMSC’s, I propose that Dutch policy should focus on the creation of corporate social responsibility within the companies that are allowed to operate on board ships passing through high risk areas. It is important however, to be aware of the internal contradictions that face CSR-theory and focus on the possibility of omitting these obstacles in the unique context in which the Law for the Protection of Dutch Merchant Ships will be implemented.Show less
On January 1st 2020 China will enact a new Foreign Investment Law. Even before its enactment, this law is already a hot topic of debate: it is the first time in 40 years since the Foreign...Show moreOn January 1st 2020 China will enact a new Foreign Investment Law. Even before its enactment, this law is already a hot topic of debate: it is the first time in 40 years since the Foreign Investment Laws were fundamentally updated, it is an attempt to ease trade and diplomatic relations with the U.S. and it is supposed to ease market access and improve the business environment, the latter elements being a source of friction between China and other countries. Because China’s previous economic and foreign investment policies have allowed it to become a major player in global trade, this change in legislature can be seen as both a natural extension of its current policies to adjust to its changing domestic economy as well as a pivoting point in its competition for dominance in the global trade market. While this law has not been enacted yet, it is interesting to put it in context of everchanging legislature in China and its process of “opening up”. That was one of the slogans of the great reforms in 1978, but appears to still be a major theme today. Foreign investment is a matter of relations of China with other countries, and the most recent and compelling tensions involve China-U.S. trade relations. This law therefore has the potential to reshape relations between two major powers. China changing its foreign policy undoubtedly has effects on global trade, and while it is difficult to measure its real effects, global actors are already responding. This thesis will look into the relation between China and the U.S. in particular. The central friction between China and the U.S. has not changed since President Trump took office in 2016, but the issues between China and the U.S. have taken on new forms with the imposed tariffs that marked the beginning of a trade dispute in 2018. Other issues that the U.S. has with China are the licensing process, as a business start-up has to be approved by the government and businesses have to give a lot of information, which is feared to increase Chinese competition and China’s “negative investment list”, which describes some industries that are not open for investment, and forced technology transfer. In addition, the U.S. has accused China before of undervaluing the RMB (the Chinese currency) and has complained about an uneven trade surplus for China, while the U.S. is left with a trade deficit. On the other hand, there are differences since President Trump took office in the White House. A very straightforward difference is that President Trump uses twitter to announce and change his mind on policies towards China in terms of trade, making China-U.S. relations unstable. Also, placing tariffs on Chinese goods is a measure not easily resorted to by previous presidents of the U.S. Still, this measure is an extension of the already present displeasure of the trade deficit between the U.S. and China. For the sake of the scope and conciseness, this thesis will limit itself to the period of the Trump administration (from 2016 onward). Usually, analyses are made of how economics, or rather economic development, influences International Relations, but in this thesis, since the mutual influence of IR and economics is considered self-evident and the law is meant to send a message to the international community, I will look at the language aspect of law, how the newly adopted Foreign Investment Law is interpreted in China and the U.S. and how it translates itself to China-U.S. relations. This thesis therefore will try to answer the following question: What does China try to communicate with the new Foreign Investment Law and how is it received in the United States? In the attempt to answer this question I will discuss the new Foreign Investment Law, compare it with the three existing ones, look at statements and speeches from the U.S. government on China’s new Foreign Investment Law, comments on the draft and final versions and other files that are representative of the situation and view of the U.S. government on China’s Foreign Investment Law. This will be put under the framework of expressive and communicative functions of law, as it helps us understand why a law and this specific law has relevance: it does not exist on its own, but tells a story of what China hopes to achieve with the alteration and how a global actor like the U.S. reacts. In addition, Beijing and Washington consensus will be briefly discussed, as to give some background to help understand from which the root of differences and similarities in statements from China and the U.S. about each other originates in an economic sense, since they are commenting on foreign investment.Show less
The objectification of women is explored in the writings of Bourdieu. Bourdieu claims that “the social world constructs the body as a sexually defined reality and as the depository of sexually...Show moreThe objectification of women is explored in the writings of Bourdieu. Bourdieu claims that “the social world constructs the body as a sexually defined reality and as the depository of sexually defining principles of vision and division” (2001, 11). Within this structure, society categorises its constructions of gender, with ‘masculine domination’ used to outline those constructions (Ibid.). Bourdieu further argues that “things and activities” receive their objective value when they are juxtaposed in relation to their “homologous [opposite]” (Ibid., 7). This can be applied to social gender dynamics in which men hold power and women act out gender stereotypical and unequal activities. For example, regarding workplace customs in Japan, men are preferred for long-term positions whilst women often fulfil temporary, lesser valued roles (Goff 1995, 1153). Bourdieu's theorisation of female objectification and gender hierarchy may be applied to the social constructions of gender in Japan and their reinforcement through institutions of power. This helps to understand the link between pornography and gender inequality which the thesis argues, must be challenged at state level. Applying Bourdieu’s theory, pornography may be seen as a system to serve ‘male domination’ and pornographic media as an instrument to reinforce and reflect the wider problem of institutionalised gender inequality in Japan. The irony to be explored in this, and the following two chapters, is that the institutions of the Japanese state themselves propagate gender inequality, whilst simultaneously blaming issues of gender inequality on marginalised groups, such as the Otaku – discussed in Chapter 3. Pornography itself is also blamed. An example is the case of Yoshimoto, where after being arrested for rape, police officer Yoshimoto claimed: “I bought and got aroused by pornographic videos with a rape theme, and could not control my compulsion. I feel sorry for the victims” (Shibata 2008, 12). This agent of the state diverted blame away from both himself and the structures of the state, as if neither it, nor he had any responsibility for this victimisation of women.Show less
This thesis is about the confrontation between two forms of justice. One institutionalized as law, and the other, depending on situational embodied forms of doing justice. Further, it is about the...Show moreThis thesis is about the confrontation between two forms of justice. One institutionalized as law, and the other, depending on situational embodied forms of doing justice. Further, it is about the confrontation between sources of law. One source relates to sovereign nation states as top down mechanism, and the other, to indigenous peoples as bottom-up process. The analysis applies a bottom-up approach, as suggested by decolonial critical thought, that questions elemental assumptions about dominant neoliberal institutional frameworks. This thesis cannot solve these tensions. It tries to investigate their dynamics on the basis of a specific case, which is, the ethical tribunal, established by Maya Mam indigenous peoples in 2012, that accuses the Canadian mining company Goldcorp for committing human rights violations through its extractive activities in the area of San Marcus Ixtahuacán, Guatemala. Instead of coming up with a solution, the thesis wants to question dominant legal frameworks that permit human rights violations and reveal the capacity of informal legal compositions to install grounds of justice. It was identified that the ethical tribunal contributed to unfold the seemingly uncontested nature of neoliberal extractive activities through its potential to challenge impunity and establish access to cognitive, and epistemic forms of justice.Show less
Een analyse van de verschillende manieren waarop het Japanse Saiban-in systeem wordt geëvalueerd in academische literatuur en door de deelnemers van het systeem.
Kazakhstan is a consolidated authoritarian regime that introduced in 2017 a new set of amendments titled “On Changes and Amendments to Some Legal Acts of the Republic of Kazakhstan On Countering...Show moreKazakhstan is a consolidated authoritarian regime that introduced in 2017 a new set of amendments titled “On Changes and Amendments to Some Legal Acts of the Republic of Kazakhstan On Countering Extremism and Terrorism”. The amendments concern migration, freedom of religion, communication and circulation of weapons and thereby increase restrictions on human rights. They functioned as a reaction to three events that took place in 2016: an amok-run in Almaty, a serious act of terrorism in Aktobe and nation-wide protests. All of these events were untypical for the otherwise stable situation in Kazakhstan. This master thesis analyses whether the amendments content reflects their creators rational (event-specific) decision-making or whether it represents the next step of a developmental trajectory that is locked-in by long established legal provisions (path dependence)and maintained by irrational decision-making (e.g. habits).Show less
This thesis defines slavery in eighteenth-century Cochin. By relying on courtcases and acts of transport, this thesis shows how slavery in eighteenth-century Cochin is connected with caste, VOC-law...Show moreThis thesis defines slavery in eighteenth-century Cochin. By relying on courtcases and acts of transport, this thesis shows how slavery in eighteenth-century Cochin is connected with caste, VOC-law and categorization, and local power structures.Show less
The Japanese government had several reasons to establish and implement the Botaiho law in 1992. This thesis investigates the effectiveness of this law by both looking at the effects on the...Show moreThe Japanese government had several reasons to establish and implement the Botaiho law in 1992. This thesis investigates the effectiveness of this law by both looking at the effects on the boryokudan and the Japanese society. Also, this thesis aims to describe why the Botaiho is formulated and established this particular way.Show less
The thesis discusses to what extent do popular media contribute to the reduction of stigmatisation and discrimination against homosexuals in post-colonial India? The hypothesis is: development and...Show moreThe thesis discusses to what extent do popular media contribute to the reduction of stigmatisation and discrimination against homosexuals in post-colonial India? The hypothesis is: development and expansion of media improves public awareness of the taboo topic of homosexuality which will in turn reduce the stigmatisation. The first chapter describes the socio-legal context of homosexuality in India, explaining the foundations for stigmatisation and discrimination against homosexuals and identifies who the main discriminators are. The second chapter uses Appadurai’s theory of scapes and in particular mediascape to help establish the influence such a scape has in reducing stigmatisation and discrimination against homosexuals in postcolonial India. This chapter draws similarities and conclusions from anthologies, auto biographies and biographies, newspaper articles and magazines, Bollywood films and Indian television. The final chapter is focussed on a case study of a growing influential homosexual social group in Mumbai named Gay Bombay that uses the media as a powerful tool in creating a safe haven for homosexuals since the late 1990s. The results have shown that homosexuality is a taboo topic with the current law criminalising the act. The extent of which media influence public opinion has grown with increased globalisation and the introduction of the internet. Some popular media outlets portray non-glamourized depictions of homosexuals more often than ever before but the stereotypical portrayal of the group is still common. It is definite that the public’s perception is directly influenced by media presentations and so if the media has the ability to promote a positive image of homosexuality one questions why they do not. Word of mouth belief is identified as one of the main problems that prevent change in opinion. Changing several million people’s opinions on such a taboo topic is a distant dream for homosexuals, especially whilst the law is still in place. One questions whether India has the political will to repeal its anti-homosexual legislation even if the media increases positive awareness of homosexuality.Show less
Discusses the cultural and legal significance of clothing and nakedness in Old Frisian law. This significance consists of an economic connotation that ties clothing to the legal process, and the...Show moreDiscusses the cultural and legal significance of clothing and nakedness in Old Frisian law. This significance consists of an economic connotation that ties clothing to the legal process, and the function of clothing to cover and conceal parts of the body.Show less
In one way or another, the civilizations who ruled over Egypt in antiquity could all boast a close connection to the concepts of 'law' and 'justice'. Balance, justice, and order - all personified...Show moreIn one way or another, the civilizations who ruled over Egypt in antiquity could all boast a close connection to the concepts of 'law' and 'justice'. Balance, justice, and order - all personified by the goddess Ma'at - were the cornerstones of Ancient Egyptian religion and society. The Greek Ptolemies, who ruled over Egypt between 323 and 30 BC, would become famous for their advanced and intricate bureacracy, which also featured a highly effective law enforcement system. The Romans, more than any, prided themselves on their laws, which remain influential in modern societies to this day. This thesis sets out to discover the manner in which criminal justice in Egypt developed from the times of the New Kingdom, through the Ptolemaic era, and under Roman rule. Not only for the abovementioned anecdotal reasons, but also because the capability to deal with crime and to maintain order can serve as an indicator for a successful administration in general. Because criminal law forms an integral part of a legal system as a whole, which, in turn, is inseparable from the general administrative system of a country, all of these will be taken into account. The following questions will be answered in this thesis: how were the various legal and administrative systems organized?; which actions were considered to be crimes by the Egyptians, Greeks, and Romans?; who possessed the legal authority to deal with these matters?; and in what manner were criminal transgressions dealt with in practice? In the end, the aim is to not only find out how criminal justice developed in the course of nearly two millennia, but also to offer an explanation as to why these developments took their specific course.Show less
This thesis concerns itself with the role that Women played in Anglo Saxon society and mainly how their rights and responsibilities are represented in early law codes and how these changed over...Show moreThis thesis concerns itself with the role that Women played in Anglo Saxon society and mainly how their rights and responsibilities are represented in early law codes and how these changed over time. The main focus will be on differences between the law codes of Æthelread Aethelbert, Alfred and Ine and Cnut. Several articles have been written about the change of the legal status of women over the course of the Anglo-Saxon period. In light of these article I will analyse the Law Codes written by Aethelbert and his succesors as well as other legal documents from the Anglo-Saxon period to see if this is indeed the case.Show less
Bachelor thesis | South and Southeast Asian Studies (BA)
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"Indonesia is one of the countries with the highest number of social media users. However, social media is mainly used in Indonesia (even by politicians) to spread defamation, rumors, and gossip....Show more"Indonesia is one of the countries with the highest number of social media users. However, social media is mainly used in Indonesia (even by politicians) to spread defamation, rumors, and gossip. This is inter alia confirmed by the many anonymous social media accounts only spreading defamation. Rumors and gossip, as well as technology such as mobile phones with cameras and social media, can be seen as means to bridge the gulf between the private practice and the public discourse. With the rise of technological developments available in Indonesia - such as phones with cameras, smartphones, Web 2.0 and thus social media - there appeared an increase of cases in which Indonesian politicians are discredited with their private (sexual) behavior. In this thesis of mine, I will elaborate on this trend of discrediting politicians with sex scandals via social media in Indonesia. What does this trend tell us about Indonesian society? What does it say about democracy, law, morality and Islam in Indonesia’s society? With an eye to answering these questions, with the first being my main question, I would first like to introduce and elaborate a bit upon a few topics that I will be using in my thesis when answering my main question, such as social media. Then I will continue with a chapter in which I will introduce a few case studies of sex scandals that happened in Indonesia. The subsequent chapters will be about topics concerning aspects of the Indonesian society: one chapter about democracy, one about law, and one about morality and Islam. Lastly, I will conclude and answer the main question in the conclusion."Show less
