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The issue of state failure within the international system has been a perplexing phenomenon in our increasingly mobile and modern society. The question of why some states succeed in developing into strong states within the international environment and why some fail is a question often overlooked. The focus of this thesis will be on three key factors that contribute towards state failure. The research will show how these three key factors: outdated state infrastructure, lack of economic development, and external intervention contribute to the occurrence of this phenomenon. Analyzing these key factors will highlight how state failure occurs within a case study. The chosen state for the focus of this thesis will be the Democratic Republic of the Congo (DRC). By focusing on this case I plan to cross-reference factors that have been commonly used to gauge state failure. This will show that external factors, as well as internal factors can cause detrimental obstacles in state development. The unit of examination of these three factors will be focused on the DRC. My research will show that the three key factors are the reason why the DRC became a failed state and that due to external events the DRC was able to maintain an image of a stable environment, while the citizens of the country suffered. As a result of the rising influence of globalization and the push for development in the international system state failure has become a preoccupation for scholars.

The diploma thesis deals with the analysis of the security level in the Democratic Republic of the Congo and the state of road infrastructure. It examines the influence of the security cooperation and the Official Development Assistance on the transport infrastructure development. In the descriptive part of the thesis the terms connected with regional security cooperation, Official Development Assistance, and the transport indicators are defined. The analytical part provides an analysis of the transport infrastructure in DRC; the evaluation of road system and the analysis of the transport infrastructure are included as well. This is followed by the evaluation of the influence of the Official Development assistance and regional cooperation on the development and quality of transport network. The author proposes recommendations to improve current situation in the conclusion

Orientador: Regina Kiomi Takahira / Resumo: A doença renal crônica (DRC) acomete principalmente cães idosos e tem como característica principal a perda irreversível da função renal. A DRC em cães promove alterações metabólicas graves, caracterizadas frequentemente pela azotemia, hipoalbuminemia e anemia não regenerativa. Tanto a azotemia quanto a uremia predispõem a alterações hemostáticas que podem levar a quadros hemorrágicos. Além das disfunções plaquetárias, deficiência de anticoagulantes naturais e redução da fibrinólise são fatores que predispõem ao tromboembolismo. Este trabalho tem como objetivo avaliar as possíveis tendências hemorrágicas ou trombóticas em cães com DRC. Foram selecionados 20 cães saudáveis (grupo controle) com exames dentro da normalidade e 17 cães com DRC em estágios III ou IV classificados segundo a IRIS e a relação proteína/creatirina urinária maior que um (grupo DRC). As amostras de sangue para a realização da tromboelastometria (TEM), agregação plaquetária, tempo de protrombina (TP), tempo de tromboplastina parcial ativada (TTPA) e concentração de fibrinogênio foram colhidas em momento único para ambos os grupos após os critérios de inclusão serem confirmados. A análise estatística foi realizada de acordo com a distribuição das variáveis, ao nível de 5% de significância. No presente estudo foi possível observar um estado de hipercoagulabilidade sanguínea nos cães com DRC. Na TEM com o ativador de via extrínseca, observou-se encurtamento no tempo de coagulação e do tempo de formação do coá... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: Chronic kidney disease (CKD) affects mostly older dogs and its main characteristic is the irreversible loss of kidney function. CKD in dogs promotes serious metabolic alterations, often characterized by azotemia, hypoalbuminemia and non-regenerative anemia. Azotemia and uremia predispose the hemostatic abnormalities that can lead to hemorrhagic cases. In addition to platelet dysfunction, deficiency of natural anticoagulants and reduced fibrinolysis are factors that predispose to thromboembolism. This work aims to evaluate the possible bleeding or thrombotic tendencies in dogs with CKD. 20 healthy dogs were selected (control group) with tests within normal limits and 17 dogs with CKD in stages III or IV classified according to IRIS and urine protein to creatinine ratio greater than one (CKD group). Blood samples for the realization of thromboelastometry (TEM), platelet aggregation, prothrombin time (PT), activated partial thromboplastin time (APTT) and fibrinogen concentration were collected at one time for both groups after the inclusion criteria had been confirmed. Statistical analysis performed according to the distribution of the variable at the 5% level of significance. In the present study, we observed a state of hypercoagulable blood in dogs with CKD. In TEM with the extrinsic pathway activator, there was shortening of the clotting time and clot formation time, increasing the alpha angle and the maximum clot firmness, and reducing the maximum lysis in dogs with CKD comp... (Complete abstract click electronic access below) / Mestre

No abstract available. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Centre for Human Rights / unrestricted

The flexibility of long-term investment contracts is a benefit to both an investor and the state for mitigating the effect of an unforeseeable event which negatively impacts on the viability of the contract. However, the aspect of sanctity of contract has often prompted rigid provisions with the underlying rationale that this gives investors security and predictability. In contrast, by virtue of the principle of fundamental change of circumstances, new trend has come to life in the field of extractive industries consisting of inclusion in the contract a provision that provides for renegotiation or adaptation of the existing agreement. The reasoning behind the adoption technique is that parties should not be obliged to carry on a performance which would be unjustly onerous or fruitless due to a supervening unregulated event. The main criticism of this approach is that the claim for renegotiating an existing agreement which contains no renegotiation clause or insistence on a third party intervention for adapting such a contract amount to an undue interference. However, the manner in which contracts are negotiated in countries that exhibit poor governance or situation of army conflict challenges this view. The question asked is whether an unfair contract concluded with unelected government or leaders of military factions and subject to corruption can be allowed to survive without being revised. The DRC, realizing this problem, undertook to renegotiate some of its mining contracts with specific objectives, such as; investor respect of legislation, use of local resources, social responsibility clauses, and evaluation of the input of the partners taking into account the equity shareholding with the public party holding not less than 51%. This has resulted in the termination and cancellation of certain contracts. Aggrieved investors filed several proceedings, but they dropped them, privileging an amicable settlement. Besides, the outcome of the renegotiation suggests that Congolese negotiators have not fully achieved the objectives set out at the start of the process. Against this backdrop, the dissertation found that the Congolese mining sector is governed by a broad range of regulations and corresponding supervisory bodies. Constant suspicions of illegally mining exploitation prevail on the sector as a result of the ill enforcement of the aforesaid regulations, corruption and mismanagement. This study also found that renegotiating an existing agreement is a common practice in commercial contracts. Major systems of law have dealt with when they confronted with the issue related to the non-performance of a contractual obligation. The stability of the contractual terms is must but, at the same time, a certain degree of flexibility is necessary to allow parties to adjust their relationship in case of imperfections, cultural differences or supervening of unforeseen events. However, to be effective, the renegotiation mechanism must be regulated for not fuelling unlimited demand of adaptation, therefore, instability of the contract. The renegotiation of mining contacts in DRC was extremely politicised. However, both investor and Congolese sides have benefited from that differently. The Congolese government gave preference to short-term profits result to the expenses of the long-term improvements. By comparison, the majority of investors have secured their assets. Others have even increased them. An examination of the amended agreement that have been disclosed so far reveals that a lot issues remain unresolved, particularly with regard to the reasons that prompted the renegotiation. Moreover, parties to the aforesaid process did not attempt to regulate future demands of adaptation. Based on these findings, the recommendation of the dissertation is that future mining agreements should include a renegotiation clause and regulate the intervention of a third party. The Congolese government should endeavour to lessen political interference throughout mining contract negotiations. It should also build negotiation skills among its representatives involved in that process. Investors should increase among them awareness of corporate social responsibility standards for preventing illegal exploitation of mining resources which, ultimately, results in triggering unilateral contract adjustment. The remaining issues in connection with the amended agreements should be resolved amicably for this approach is more likely to bring mutual satisfaction to both the Congolese state and investors. / Dissertation (LLM)--University of Pretoria, 2013. / Centre for Human Rights / unrestricted

This dissertation entitled: “Policy Options in The Democratic Republic of the Congo (DRC): An Overview from 1960 to 2006” entails to develop an analytical framework with the intention of looking at various policy options that could guide the leadership in mapping out a roadmap for sustainable development in the reconstruction of the Democratic Republic of the Congo (DRC). The research recognises that suitable policies which can provide solutions for the political and socio-economic problems of the DRC must be sought within the geographic, demographic, religious and ethnic context of that country. Hence, the dissertation departs from the premises that the diagnosis of the solution needed to remedy problems afflicting many African nations such as the Democratic Republic of the Congo begins with the inherent problem of governance. Consequently, the study investigates sources of bad governance and factors which have led to the collapse of a state beginning with the historical consequence of colonialism and the mismanagement by successive regimes. These factors are largely responsible for the decimation of potentially, Africa’s wealthiest nations, reducing them to being amongst the poorest in the world. Beyond the context of the continental policies, the dissertation examines the Democratic Republic of the Congo’s own Post Conflict and Reconstruction policy. Also for consideration is the areas of priority that needs focussing on if a post conflict and reconstruction policy is to be successful. This includes ensuring that peace and security prevails by stabilising the country through the reform of the security sector. Security in this context must be understood in its broad format which includes human security. On the other hand, the study also presents the argument that policies alone are not sufficient to create a functioning state that is of service to its people. For the future and prosperity of the Congo, it is essential not only to have the correct policies only, but also a leadership, at all levels, that will embrace and implement them. / Dissertation (MAdmin)--University of Pretoria, 2009. / School of Public Management and Administration (SPMA) / unrestricted

The DRC has recently embarked on a new SEZ project. The country does not have a history of success with SEZs, however, much like other African countries. This paper investigates the past and current legal frameworks governing SEZs in the DRC, in an attempt to identify their weaknesses and strengths, with the ultimate goal of finding room for improvement and preventing the failures from the past from occurring again. Because the DRC cooperates closely with South Africa on SEZ regulation, the paper also delves into the South African experience, to see whether the DRC can already draw lessons from South Africa. The study then formulates a number of recommendations including that a new fiscal and non-fiscal incentive framework should be established. / Dissertation (LLM)--University of Pretoria, 2014 / gm2015 / Centre for Human Rights / LLM / Unrestricted

The Democratic Republic of Congo (DRC) has been ravished by internal conflicts for the past two decades. These conflicts have come at a great cost to the people of the DRC, often resulting in a number of human rights atrocities. These atrocities range from the loss of life, resulted in internal displacement and creation of refugees’ communities, as well as the destruction of property and infrastructure , all contributing to prevailing conditions of poverty and deep societal divisions. While there are many underlying factors that fuel these conflicts, the key drivers of the conflict are linked to the unequal distribution of the DRC’s national resources and the mismanagement of public services. Intense frustration and a sense of helplessness to change the status quo have repeatedly manifested itself in a cycle of war and ethnic cleansing. In this regard, the pattern of conflicts has been the manifestation of the frustration of the Congolese people as a whole. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Nico Steytler at the Faculty of Law, University of the Western Cape, Cape Town, South Africa. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM