Aspects of customary land tenure may survive even where formal rules in a society supersede custom. This thesis is about persisting custom for Maori Freehold land (MFL) in New Zealand, and the Communal Areas (CAs) of Zimbabwe. Three questions are addressed: what unwritten land tenure custom still persists for Ngai Tahu, Shona and Ndebele, what key historical processes and events in New Zealand and Zimbabwe shaped the relationship between people and land into the form it displays today, and how do we explain differences between surviving customary tenure practices in the two countries? The research was based on in-depth interviews. A key difference between the two countries was found to lie in the type and degree of security available over the years to Maori and Shona/Ndebele. Roots of security were found in the substance of the founding treaties and concessions, and thereafter in a variety of other factors including the help (or lack of it) offered by the law in redressing grievances, the level of intermarriage between settler and autochthon, the differing security of land rights offered in urban centres in the respective countries, demographic factors and the availability of state benefits. This research finds that greater security was offered to Maori than to Shona and Ndebele, and that this has reduced the centrality of customary practices with regard to land. The research found that, in Zimbabwe, tenure security in the CAs is still underwritten by communities and that significant investment is still made in both living and dead members of those communities. Another finding is that land custom has adapted dynamically to meet new challenges, such as urban land and CA land sales. In New Zealand, investment in groups that jointly hold rights in MFL has, to some extent been eclipsed by the payment of rates and the availability of services (e.g. state-maintained boundary records and law enforcement mechanisms) and of benefits (e.g. superannuation, disability and unemployment). Land and community are not as closely linked to survival as they were in the past and, for many, they have come to hold largely symbolic value and less practical significance. Overall, it is the pursuit of security and �belonging� that have been the greatest influences on customary land tenure practices in the long term.

Este trabalho trata da normatização internacional relativa às crianças-soldado e aborda, sobretudo, a utilização de defesas baseadas em alegações de violação aos princípios da legalidade e em ocorrência de erro de proibição por réus de processos penais do Tribunal Especial para Serra Leoa e do Tribunal Penal Internacional. Diante disso, investiga se a proibição geral ao envolvimento infantil em conflitos armados e as infrações a essa vedação particularmente as condutas de recrutar, alistar e utilizar crianças como soldados integram o Direito Internacional Costumeiro e, em caso positivo, em que momento teria ocorrido a inserção nesse campo. Analisa, igualmente, se o argumento da boa-fé pode ser um elemento de defesa válido naqueles processos, com fundamento no relativismo cultural. Pretende, com isso, esclarecer o processo de criminalização daquelas condutas, além de identificar a posição hierárquica ocupada pelas normas em questão. Para tanto, recorre à verificação da prática estatal e da opinio juris relativas ao tema. Com isso, conclui que o regramento possui natureza costumeira e pertence ao domínio do jus cogens. / This work deals with the international rules concerning child soldiers, and addresses, in particular, the use of defenses based on allegations of violation of the principles of legality and mistake of law by defendants in criminal proceedings of the Special Court for Sierra Leone and of the International Criminal Court. Moreover, it investigates if the general prohibition to child involvement in armed conflicts and the infractions to this seal particularly the ducts of recruit, enlist and using children as soldiers are part of the customary international law and, if so, since when they have been integrated to this field. It also analyzes if the argument of good faith can be a valid element of defense in those processes, on the basis of cultural relativism. The main purpose its to clarify the process of criminalization of those acts, and identify the hierarchical position occupied by the rules in question. In this regard, the state practice and the opinio juris concerning the theme are investigated. In result, it is concluded that those norms have a customary nature and they already belong to the domain of jus cogens.

A travers de la cristallisation du droit d’ingérence et la responsabilité de protéger la Communauté internationale tente de combler l'écart entre la moralité et la légalité de l’ingérence à des fins de protection de droits humains. Car l’ingérence à des fins de protection humaine, depuis de la fin de la guerre froide, a trouvé une base juridique coutumière et ne correspond plus à un acte exceptionnel susceptible de se justifier dans certaines hypothèses. Dans cette démarche, en cas d’échec du Conseil de sécurité à la mise en œuvre d’une ingérence militaire, les organisations régionales pourraient sans autorisation « préalable » et « précise » du Conseil de sécurité, engager une ingérence armée. L’étude de la valeur juridique de l’ONU et les pratiques depuis de la fin de la guerre froide, permet de constater que si le droit d’ingérence et la responsabilité de protéger n’ont pas encore trouvé un fondement « direct » dans les conventions internationales, ils peuvent cependant trouver un socle juridique dans la coutume internationale. En effet, l’analyse de la valeur des résolutions de l’ONU et des éléments coutumiers du droit d’ingérence et de la responsabilité de protéger montrent comment les résolutions 43/131 et 45/100 de l’Assemblée générale ont inauguré le processus du droit d’ingérence et la responsabilité de protéger. Et depuis les années 1990, la pratique du Conseil de sécurité, illustrée par un nombre important de résolutions ayant donné lieu à la mise en œuvre d’opérations tout aussi nombreuses, ainsi que la pratique des Etats et les organisations régionales donnent un corps juridique à l’ingérence à des fins de protection humaine et ne laissent aucun doute sur la nature juridique de celle-ci. / Through crystallization of the right and responsibility to intervene to protect the international community tries to bridge the gap between morality and legality of the interference for the protection of human rights. As interference in human protection purposes, since the end of the Cold War, found a legal basis for customary and does not correspond to an exceptional act may be justified in certain circumstances. With this approach, in case of failure of the Security Council in the implementation of military interference, regional organizations could without authorization "prior" and "precise" Security Council, commit armed interference. The study of the legal status of the UN and practices since the end of the Cold War, shows that if the right of intervention and the responsibility to protect has not yet found a foundation "live" in international conventions, however, they can find a legal basis in customary international law. Indeed, analysis of the value of UN resolutions and customary law elements of interference and the responsibility to protect demonstrate how resolutions 43/131 and 45/100 of the General Assembly inaugurated the process the right of intervention and the responsibility to protect. And since the 1990s, the practice of the Security Council, illustrated by a large number of resolutions that led to the implementation of operations just as many, and the practice of States and regional organizations to provide a legal body interference for human protection and leave no doubt about the legal nature of the latter.

Cette thèse de doctorat étudie la place des femmes dans la société urbaine des derniers siècles du Moyen Âge. Son objectif réside en l’examen des multiples opportunités offertes alors aux femmes, tant dans le domaine juridique qu’économique et social. La recherche s’appuie sur l’observatoire privilégié de la ville d’Amiens, capitale régionale dynamique, qui présente l’intérêt d’appartenir à un système coutumier original, particulièrement favorable aux femmes. La caractéristique des coutumes picardes tient essentiellement à ce qu’elles donnent la priorité au ménage sur le lignage. L’institution de la communauté de biens entre époux permet ainsi de considérer les femmes comme de véritables actrices économiques. Leurs différentes occupations révèlent leur présence quotidienne et leur participation constante à la vie économique de la cité. Sur le plan social, elles en retirent une visibilité certaine et font partie intégrante de la communauté des habitants. De plus, l’étude des registres de délibérations et livres de justice démontre qu’elles n’hésitent pas à s’affirmer par la verdeur de leur propos sur la place publique, où tous sont en représentation. L’objectif de ce travail est également d’améliorer notre compréhension des rapports de genre dans le contexte du renforcement de l’ordre social à l’aube des Temps Modernes. Enfin, d’un point de vue méthodologique, ce sujet, centré sur un espace de syncrétisme aux confins des influences flamande et orléano-parisienne, entend réinterroger les périodisations académiques et conduire, par le dialogue entre sciences humaines, au décloisonnement des réflexions. / This dissertation examines the place of women in the medieval town of Amiens and demonstrates the continuing significance of women’s participation in diverse aspects of social and economic life during the historical shift from the medieval to the early modern era. This city adhered to a unique legal system called ‘picard-wallon’, which was particularly favourable to women, making them the owners of half of the family patrimony. Since family structures played a determining role in the ideological choices and economic behaviour of family members, the institution of community property between spouses allows us to consider women as legitimate economic agents. The study of women’s activity in the marketplace in particular, shows that we should first rethink the public/private dichotomies that have long been applied to gender studies. This work also highlights the nature of women’s contribution to the medieval society. Public space fostered orality and the production of specific speech acts. The study of women’s involvement in crime shows that they were not afraid of defending their honour if necessary. Therefore, this dissertation sheds light on the reinforcement of the public order at the end of the Middle Ages and its consequences on gender relations at the beginning of the early modern period. Finally, this dissertation makes use of new methodological perspectives. By focusing on a place of syncretism, at the intersection of three different regional areas, this study highlights the multi-cultural influences at work in the city in order to interrogate the relevance of classical periodization and establish the importance of a transdisciplinary approach to medieval studies.

Magister Legum - LLM (Mercantile and Labour Law) / Traditional Knowledge (TK) has previously been considered a 'subject' in the public domain, unworthy of legal protection. However, the last few decades have witnessed increased discussions on the need to protect the knowledge of indigenous peoples for their economic sustenance, the conservation of biodiversity and modern scientific innovation. Questions remain as to how TK can best be protected through existing, adapted or sui generis legal frameworks. Based on an examination of the formal knowledge-protection mechanisms (i.e. the existing intellectual property system), this mini-thesis contends that these existing systems are inadequate for protecting TK. As a matter of fact, they serve as veritable platforms for incidences of biopiracy. It further argues that the many international initiatives designed to protect TK have so far failed owing to inherent shortcomings embedded in them. Furthermore, a comparative assessment of several national initiatives (in New Zealand, South Africa and Kenya) supports an understanding that several domestic efforts to protect TK have been rendered ineffective due to the insurmountable challenge of dealing with the international violations of local TK rights. It is therefore important that on-going international negotiations for the protection of TK, including the negotiations within the World Intellectual Property Organisation's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), do not adopt similar approaches to those employed in previous initiatives if TK must be efficiently and effectively protected. This mini-thesis concludes that indigenous peoples possess peculiar protection mechanisms for their TK within the ambit of their customary legal systems and that these indigenous mechanisms are the required anchors for effective global protections.

Magister Legum - LLM (Mercantile and Labour Law) / Traditional Knowledge (TK) has previously been considered a 'subject' in the public domain, unworthy of legal protection. However, the last few decades have witnessed increased discussions on the need to protect the knowledge of indigenous peoples for their economic sustenance, the conservation of biodiversity and modern scientific innovation. Questions remain as to how TK can best be protected through existing, adapted or sui generis legal frameworks. Based on an examination of the formal knowledge-protection mechanisms (i.e. the existing intellectual property system), this mini-thesis contends that these existing systems are inadequate for protecting TK. As a matter of fact, they serve as veritable platforms for incidences of biopiracy. It further argues that the many international initiatives designed to protect TK have so far failed owing to inherent shortcomings embedded in them. Furthermore, a comparative assessment of several national initiatives (in New Zealand, South Africa and Kenya) supports an understanding that several domestic efforts to protect TK have been rendered ineffective due to the insurmountable challenge of dealing with the international violations of local TK rights. It is therefore important that on-going international negotiations for the protection of TK, including the negotiations within the World Intellectual Property Organisation's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), do not adopt similar approaches to those employed in previous initiatives if TK must be efficiently and effectively protected. This mini-thesis concludes that indigenous peoples possess peculiar protection mechanisms for their TK within the ambit of their customary legal systems and that these indigenous mechanisms are the required anchors for effective global protections.

Historically South African law has been dominated by Western law. Indigenous law and the jural postulates which underpin that law are insufficiently accommodated in the South African legal order. The Western component of the official legal system is regarded as institutionally and politically superior and is as such perceived to be the dominant system. In contrast indigenous law is regarded as a servient system. The monopolistic control of the legal order by the Western section of the population resulted in the creation of a legal order primarily suited to its own needs. The fact that few of the values of indigenous law are reflected in the official legal system and the fact that there is a measure of conflict and tension between the fundamental precepts of indigenous law and those of Western law, gave rise to a crisis of legitimacy of the official legal system in South Africa. This in turn lead to the emergence of unofficial alternative structures for the administration of justice. Indigenous law should receive full recognition and enjoy the same status as Western law. To accomplish this, legislative measures which entrench a distorted indigenous law, limit the application of indigenous law, or affect its status in the South African legal order, should be revoked. Even in a multicultural society such as that of South Africa, there is a common nucleus of core values that are shared by the whole society. But different cultures have different conceptions of these basic values and their role in legal, political and social ordering. The Bill of Rights should give due recognition to the postulates which underscore both Western and indigenous law. This should be done by providing that the values the Bill entrenches, must be interpreted in their proper cultural perspective where circumstances so demand. But this will be possible only if the level of knowledge of indigenous law and its fundamental precepts is drastically improved. / LL.D

Este trabalho trata da normatização internacional relativa às crianças-soldado e aborda, sobretudo, a utilização de defesas baseadas em alegações de violação aos princípios da legalidade e em ocorrência de erro de proibição por réus de processos penais do Tribunal Especial para Serra Leoa e do Tribunal Penal Internacional. Diante disso, investiga se a proibição geral ao envolvimento infantil em conflitos armados e as infrações a essa vedação particularmente as condutas de recrutar, alistar e utilizar crianças como soldados integram o Direito Internacional Costumeiro e, em caso positivo, em que momento teria ocorrido a inserção nesse campo. Analisa, igualmente, se o argumento da boa-fé pode ser um elemento de defesa válido naqueles processos, com fundamento no relativismo cultural. Pretende, com isso, esclarecer o processo de criminalização daquelas condutas, além de identificar a posição hierárquica ocupada pelas normas em questão. Para tanto, recorre à verificação da prática estatal e da opinio juris relativas ao tema. Com isso, conclui que o regramento possui natureza costumeira e pertence ao domínio do jus cogens. / This work deals with the international rules concerning child soldiers, and addresses, in particular, the use of defenses based on allegations of violation of the principles of legality and mistake of law by defendants in criminal proceedings of the Special Court for Sierra Leone and of the International Criminal Court. Moreover, it investigates if the general prohibition to child involvement in armed conflicts and the infractions to this seal particularly the ducts of recruit, enlist and using children as soldiers are part of the customary international law and, if so, since when they have been integrated to this field. It also analyzes if the argument of good faith can be a valid element of defense in those processes, on the basis of cultural relativism. The main purpose its to clarify the process of criminalization of those acts, and identify the hierarchical position occupied by the rules in question. In this regard, the state practice and the opinio juris concerning the theme are investigated. In result, it is concluded that those norms have a customary nature and they already belong to the domain of jus cogens.

M.Cur. / In the black society, a family is the central unit whose unity and cohesiveness should be maintained. A nuclear family is the predominant form in the urban townships and it is marked by a family group of two generations that consists of the married couple and their children. Another form of family that is dominant is the extended family, which consists of three or more generations, staying in the same household. The extended family is seen as the sole provider of care and emotional support for newly married black women. The essence of the extended family lies in the bonds between its members ignoring the independence and needs of the newly married black women. In South Africa when black couples choose to marry they can do so under the common law or customary law. The customary law encourages payment of lobola, after which the bride (newly married black woman) will be handed over to the extended family, that is the husband's family. The newly married black women are expected to live with their husband's family, in order to learn the "newly" adopted culture of the extended family. The teaching of the new culture" is taught to the newly married woman by the mother and sister in-law. However, if the newly married black women do not follow the expected practices from the teaching of the extended family, this can have a negative effect on their body, mind and spirit. These negative effects can be a result of victimization by the extended family. To explore this problem of the newly married black women further, the researcher conducted a study on the experiences of newly married black women who live with the extended family in an urban township. The objectives of the study were to: • explore and describe the experiences of newly married women living with the extended family; and vi describe guidelines developed for advanced psychiatric nurses to facilitate the mental health of newly married black women that live with the extended family in an urban township. This study was undertaken within the framework of the Theory for Health Promotion in Nursing (Rand Afrikaans University: 2000), that has an approach that is Christian-based, and functions in an integrated bio-psycho social manner (body, mind and spirit). A functional reasoning approach based on Botes' model (2000) was followed. A qualitative, explorative, descriptive and contextual research design was used to answer the research questions. In-depth, semi-structured phenomenological interviews were conducted with newly married black women who met the sample criteria. Steps were taken throughout the research to ensure trustworthiness. To persuade the audience that the findings of this research are worth paying attention to, Guba's model for trustworthiness (Lincoln & Guba, 1989: 289) will be applied. Data analysis was done according to Tesch's (Creswell, 1994: 155) method. The results of this study indicate that newly married black women that stay with the extended family in an urban township, in this study have had various experiences such as: feelings of entrapment by cultural norms; and negative psychological effects evidenced by anger, frustration and hatred. Positive emotions like hope and determination, and the experience of support from outside the extended family were also experienced. Based on these results, guidelines were developed for advanced psychiatric nurses to facilitate the promotion of mental health of newly married women that live with the extended family in an urban township. Conclusions were drawn and recommendations were given concerning psychiatric

語言與文化脣齒相依，在語言學習與教學的層面上，文化的概念具有相當程度的重要性，特別是屬於高語境的華語，擁有豐富的文化意涵。華人社會中的民間風俗緊貼日常，是理解生活文化的重要線索。華語學習者能透過習俗傳說的故事性，理解隱含的華人文化背景，避免文化誤解，達到尊重他人，進而培養跨文化的能力。 　　民間故事的教學多置放於中文母語學習者的教育歷程，而在華語文教學的領域，仍以華裔或中高級以上程度學習者為大宗。故本研究以民間文學中的習俗傳說為範圍，中級華語學習者為對象，使用內容分析法找出合適的文化教學主題，文本分析法探析教材與跨文化教學點，並援引前人歸納之文化教材編寫與教學設計理論，做出教學設計，另以調查研究法中的研究工具作為輔助，透過行動研究法檢視華語文教學的實踐。 　　本研究目的有二，一為發展習俗傳說與跨文化概念應用於成人華語課程之教學設計；二為探討習俗傳說與跨文化概念於成人華語課程之實施成效。本文融合ADDIE教學模式之五大步驟，包含分析、設計、發展、實施、評鑑，以及Moran之體驗式學習循環，包括理解內容、理解方法、理解原因、理解自我，作為本研究課程設計模式。並以影音、問卷、訪談等資料等研究工具，作為評估實施成果與修正依據。 　　本文研究結果如下：第一，於教學設計方面，本研究採用兩項教學模式之融合，為ADDIE教學模式及Moran之體驗式學習循環，有助於文化教學更加完整，達到跨文化的範疇，另外，於教材設計中，需針對學習者程度考量詞彙難易度，並注意應符合教學宗旨與課堂設計；第二，於實施成效方面，以習俗傳說為素材之華語教學課程，能夠增進學習者的語言技能，提供文化學習與體驗的機會，達到跨文化的目的。 / Language and culture are inextricably linked. Cultural concepts are considerably important for language learning and teaching, particularly for Chinese, a highly contextualized language with rich cultural implications. Folk customs in Chinese society are closely related to everyday life and can serve as important clues for understanding the living culture. Stories involving customs and legends can help learners of Chinese understand Chinese cultural implications, avoid cultural misunderstandings, achieve respect for others, and develop interculturel competence. The teaching of folktales is usually used in the education of native Chinese speakers. In the field of teaching Chinese as a second language, it is generally restricted to heritage learners or learners at or above the high intermediate level. This study focuses on customary legends in folk literature with intermediate learners as the target group. Content analysis is used to determine appropriate topics for cultural teaching and text analysis to analyze teaching materials and intercultural teaching points. Established theories of cultural materials compilation and instructional design were referenced to inform our own instructional design. In addition, I adopted action research design and developed a survey instrument to use as an aid in examining the practice of Chinese language teaching. The study has two objectives: first, to develop an instructional design for the teaching of customary legends, and intercultural concepts in adult Chinese language courses; and second, to investigate the effectiveness of utilizing customary legends, and intercultural concepts in adult Chinese language courses. ADDIE model (analysis, design, development, implementation and evaluation) and Moran’s experiential learning cycle (knowing about, knowing how, knowing why, and knowing oneself) were used as models for course design. In addition, videos, questionnaires, and interviews were used to evaluate the implementation outcomes, and served as a basis for revision. The results were as follows: First, the two teaching models that were incorporated into the instructional design for this study, the ADDIE Model and Moran’s experiential learning cycle, contributed to the comprehensiveness of cultural teaching and the achievement of an intercultural scope. However, during materials development, it was important to ensure that the degree of difficulty of the vocabulary matched learner levels, and that the vocabulary aligned with the teaching objectives and course design. Second, in respect to the effectiveness of implementation, I concluded that a Chinese language teaching course utilizing customary legends as teaching materials can enhance learner language skills, provide cultural learning and experiential opportunities, and achieve intercultural goals.