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Magister Legum - LLM / South Africa

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The prospect of a justification defence in cases of direct sex discrimination is universally criticised by academic commentators on the ground that it would subvert the goal of equality that underlies sex discrimination and equal treatment legislation. At the outset the thesis examines the differences between the sexes, how these differences can be used to explain the distinction between direct and indirect sex discrimination and considers various concepts of equality. Building on various elements of the existing justification defences for indirect sex discrimination and disability discrimination, this thesis constructs a model justification defence. The impact on equality of such a defence is assessed by reference to the main existing legislative exceptions for direct sex discrimination and various judicial exceptions that have been created, in the main, by the European Court of Justice. Further, the thesis considers whether the blanket prohibition against the use of sex stereotypes is warranted and the extent to which they might be permitted under the model defence. The conclusions reached are that criticism of the potential defence is overstated. Rather than undermining the goal of sex equality, such a defence could in fact enhance the degree of legal protection as long as the criteria of the defence are stringently drawn. Indeed, in relation to some areas of direct sex discrimination, for example pregnancy and maternity, the introduction of such a defence could enhance the degree of equality. Moreover, the introduction of such a defence could introduce a greater degree of openness and clarity into this complex area of law.

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Thesis (M.L.S.)--Stanford University, 2001. / Submitted to the Stanford Program in International Legal Studies at the Stanford Law School, Stanford University. "May 2001." Includes bibliographical references (leaves 88-95). Abstract and table of contents available online.

This thesis is a socio-legal study of the politics of international law (i.e. the relationship between international law and international politics). There is not necessarily an accepted scope, or even direction, of this relationship but it is widely perceived to be important in international, as well as national, affairs. Still, this relationship needs to be better understood and articulated. This thesis offers a theoretical and empirical account of the phenomenon of the politics of international law, and its implications for the Chechen conflict by exploring how and to what extent one's understanding of the phenomenon is determined by culture, history, political and social context. Part One is an overview of the literature and theoretical approaches to studying the relationship between (international) law and (international) politics, as well as an analysis of sixteen face-to-face semi-structured interviews with practitioners of international law and international politics from different backgrounds and cultures. That leads to a theoretical model which is applied and verified in Part Two, a case study of the Chechen conflict. This focuses specifically on a socio-historical understanding of international law, the humanitarian and human rights movement in Russia, and the relationship between human rights law and international humanitarian law in the judgements of the European Court of Human Rights in the so-called Chechen cases. The findings of this study indicate that international politics is highly influenced by international law just as international law is affected by international politics. They both are integral parts of the international system, nevertheless, remain distinct from each other. It is therefore the politics of international law that allows international relations to take place, where politics provides the means by which the negotiations can take place and law creates specific language and provides a framework within which the debates can take place. It demonstrates that the challenges of modern times make that the two become increasingly influential on one another.

Univ., Diss.--Würzburg, 2004. / Literaturverz. S. 241 - 252.