Abstract not available

The assessment of a contemporary statesman presents difficulties in view of the unpredictability of policy outcomes and the unavailability of documents and sources. However, it should still be possible to analyze the policies that determine whether a statesman will succeed of fail. Henry Kissinger placed the highest priority upon the development of detente with the Soviet Union and China. The ultimate wisdom of his vision is a matter of serious concern to both contemporary and future analysts. I am concerned with the divergence between the ideas of Kissinger as a scholar and the policies of Kissinger as a statesman. The first two chapters examine the principal tenets of Kissinger's philosophy of international relations and the relationship between the United States and Western Europe. I then focus upon American multilateral and bilateral relations with the North Atlantic Treaty Organization (NATO), the European Community (EC); West Germany, France, and Britain. In the concluding chapter I discuss the central tenets of Kissinger's philosophy of history and the impact of his statesmanship upon the world with respect to: Detente: The Soviet Union and China, the Middle East, Japan, economic issues, and morality and foreign policy. I then examine the relationship between the world of the scholar (the realm of theory) and the world of the statesman (the realm of practical solutions) and assess Kissinger's successes and failures in reconciling the worlds of the scholar and the statesman.

The Politics of Transformation seeks to explore and critically analyze the new politics and policies formulated, articulated and adopted by Nigeria's ruling and political elites and partly out of demand made by academic intellectuals including a handful of influential top level bureaucrats who run the machinery of government. Furthermore, the Politics of transformation examine through critical analysis the Organization of Petroleum Exporting Countries' (OPEC) "quiet revolution" in the world of global oil, its impact on the global economy and most importantly on the dynamics of international relations. By focusing on the Doctrines of Sovereignty and of "Changing Circumstances," we explore and examine specifically the changing relationship between international oil companies and producer-governments within the frameworks of systems analysis, bargaining strategies and negotiation tactics. The Politics of transformation therefore seeks to examine for the purposes of restructing prevailing ideologies by looking into the past while going beyond mere survival of that past, through the creation of new forms and modes and the conscious presentation of new demands based on a new era of national consciousness and political management in a changing world. In the Nigerian context, the politics of transformation gave birth to indigenization of "Nigerianization" of the economy, membership into the OPEC and the transnationalization of the society. Studied within the framework of systems analysis, objectives and goals seem rather haphazardly and limitedly successful and dependent on the alliance between domestic and state actors on the one hand, and foreign interests on the other. The final outcome of this interaction remains to be seen since structural arrangements engendered by his process is not yet ossified. In the final analysis, however, indigenous control of the economy seem the goal of Nigerian planners. With regards to OPEC, the quiet revolution sought not only to defend the posted price of oil then, it represents the vision and goals of a group of nations bound together for the accomplishment of a stated goal. Consequently, the dynamics of global oil is not only based on economic terms, but fundamentally politically in nature. The multinational oil companies are on the defensive and no amount of game theoretic calculations can come to their rescue save a deliberate inter-government intrusion in the global oil industry. This study proceeds from that assumption.

How has Kuwait been able to preserve its existence as an independent state during the past two decades? What are the prospects of its being able to meet any future threats to its security? These are the two major questions which this study attempts to answer and, in doing do, it covers the various dimensions of Kuwaiti national security. In this study we examine the threats to Kuwait's stability and security arising from domestic sources and those originating from other states. To deal with these actual and potential threats, the Kuwaiti government has adopted several policies aimed at utilizing the country's military, diplomatic, political and financial resources to enhance its overall security. The success of these policies over the last two decades in lessening threats to Kuwait's security is likely to continue in the foreseeable future despite recent developments in the region. This study contains three sections in addition to the introduction and the conclusion. The first section provides an overview of Kuwait's historical evolution from a small settlement in the seventeenth century to its present status. It then studies the present socio-economic conditions including the composition of the population of Kuwait, the economic activities, and the oil sector. Finally, it reviews the internal political environment, including the roles played by various political institutions and forces within the polity. The second section assesses the internal threat to Kuwait's security, both actual and potential, and the country's internal security capabilities. Next it explores external threats within and outside the Gulf region, and Kuwait's efforts to strengthen its military capabilities. The third section covers Kuwait's diplomacy, the country's role in regional politics, its ability to take advantage of regional power configuration, and its efforts to strengthen relations with other countries. It also describes the various channels of Kuwaiti foreign aid and analyzes how this aid contributes to Kuwait's national objectives. Chapter IX includes a summary of the findings of this study.

Despite Zambia's ratification of several of international and regional human rights instruments, the country's domestic legislation frustrates its international obligations in so far as protection of asylum seekers human rights is concerned. Principally there are two main pieces of legislation which create this ‘quagmire,' but also make provision for the entry and exit of persons in Zambia, these are the Immigration and Deportation Act No. 18 of 2010 (hereinafter referred to as the Immigration Act) and the Refugees Act No. 1 of 2017 (hereinafter the Refugees Act). Although these two pieces of legislation apply to different types of migrants, there is a predisposition on the part of the authorities of enforcing immigration laws and not refugee laws on asylum seekers especially those found unlawfully present in country. This is in contravention of the non-penalisation clause under the 1951 Convention Relating to the Status of Refugees (hereinafter the 1951 Refugee Convention), which creates a dilemma for asylum seekers. Zambia has an international obligation to receive and not to expel asylum seekers present within its territory irrespective of their mode of entry, this responsibility emanates from Article 31(1) and Article 33(2) 1951 Refugee Convention. However, the misapplication of the Immigration Act on asylum seekers conflicts with this obligation.

The activities and the level of influence of International Organisations (IOs) have grown extensively in recent years. This has resulted in IOs having a greater impact, both positively and negatively, on the lives of individuals. In as far as the negative impact is concerned, it is a well established principal of international law that the wrongful conduct of an IO attracts the responsibility of that IO. The reality however is that holding IOs responsible for their wrongful acts is an uphill task. In this regard, there has been an increase in calls for more effective ways of holding IOs accountable for their actions. This thesis adds its voice to those calls. The point of departure however, is that in this thesis, the question of IO responsibility is approached from the perspective of the victims of the wrongful conduct of IOs. The call for greater effectiveness in holding IOs to account is made through an illustration of the difficulties faced by those attempting to seek redress for wrongs committed by IOs. Additionally, the thesis examines the role of domestic courts and institutions in holding IOs to account. This examination is necessary in light of the increasing trend of domestic and regional courts piercing the immunity veil of an IO, where that IO has not provided alternative dispute settlement mechanisms.

This research reviews the application of the law on the right of refugee children to education and the challenges inhibiting this right. Radical changes in the legal framework protecting refugee children's right to education has occurred since South Africa became a democratic state in 1994. The enactment of international law into the 1994 Constitution contributed into the protection of various children right and insured equal access into the education system. However, refugee children have been prejudiced in the right to access education based on numerous challenges. The lack of access education for refugee children is an unconstitutional practice in schools rather than a legislative injustice. This paper uses journal reports, newspaper articles, academic writing on both national and international perspective on the infringement of education rights on refugee children. The findings provide clarity on unconstitutional practices and the legal standpoint on such practices. The right to education constitutes a valuable foundation for integration. South Africa is obligated by both national and international law to provide immediate education to refugee children.

Includes bibliographical references / Edward Snowden is a hero. In 2013, he leaked what can arguably be considered as the greatest quantity of classified and top - secret foreign intelligence in history. The leak revealed the extent of pervasive global government surveillance that has been and continues to be conducted by foreign intelligence agencies such as the National Security Agency (NSA) in the United States and the Government Communications Headquarters (GCHQ) in the United Kingdom. His actions have led to international security sector reform of the international regulation of foreign intelligence liaison. Citizen Four, the 2015 Oscar award-winning documentary, is the story of Snowden. When asked by Glen Greenwald and Laura Poitras, the journalist and documentarian who covered his journey , why he did what he did, Snowden's response was that : '[I]t all comes down to state power against the people's ability to meaningfully oppose that power .. . if the policy switches that are the only thing that restrain these states were changed, you couldn't meaningfully oppose these ... that hardened me into action.' When closing a TED talk on how we take back the internet, Snowden's idea worth sharing was that: '... [D]emocracy may die behind closed doors but we as individuals are born behind those same closed doors ... We don't have to give up our privacy to have good government ... We don't have to give up our liberty to have security ... By working together, we can have both open government and private lives ... . ' The relationship between state power and people's opposition, the individual and democracy, privacy and good government, liberty and security are themes that run throughout this dissertation. They are thematic relationships that underlie the importance of the international regulation of foreign intelligence liaison. The international regulation of foreign intelligence liaison will continue to be shaped by these relationships. Chapter I picks up on these themes by reviewing the international regulation of foreign intelligence liaison as a phenomenon. Part II defines foreign intelligence, part III sets up the objectives of a regime for international law in liberal democracies, part IV recognises the challenges to effective oversight of foreign intelligence agencies and part V maps out different reasons for and uses and forms of foreign intelligence liaison. A core argument is that the inevitable abuse and misuse of foreign intelligence liaison should be regulated through a horizontal accountability mechanism as an international best practice. Chapter II focuses on the international regulation of foreign intelligence liaison through a legal analysis. It draws on the themes by summarising (part II) and critiquing (part III) two landmark judgments having the potential to set an international best - practice precedent that contributes to the international regulation of foreign intelligence liaison. The core argument is that communications interception warrants should be regulated by judicial pre-authorisation. This is a practical application of Chapter I's core theoretical argument mentioned above. Chapter III develops these themes by analysing the international regulation of foreign intelligence liaison through recommendations. Part II explores the regulation of signals intelligence (SIGINT) in South Africa. Part III sets out the national and regional applications of art 17 of the ICCPR with regard to private communications. Finally, by summarising and applying the core arguments of Chapters I and II to Chapter III, part IV recommends legal reform through a General Intelligence Laws Amendment Bill 2015 (the Bill).

Water is literally life. Without it, there would be no life on Earth. For this reason, access to a safe and adequate supply of water is essential for human survival. Despite this fact, however, a significant portion of the world’s population still lack access to a safe and adequate supply of water and sanitation. This is concerning because lack of a safe and adequate supply of water and sanitation often leads to a wide spread of water-related diseases such as diarrhea, cholera and typhoid, all of which annually claim the lives of thousands of people around the world. To make matters worse, despite the efforts made by the Committee on Economic, Social and Cultural Rights (CESCR) to address this issue by recognising the human right to water as a human right in its General Comment 15 of 2002 - the issuance of which subsequently led to further recognition of the human right to water by both the United Nations General Assembly (UNGA) and the United Nations Human Rights Council (UNHRC) in 2010 - the recognition and the legal status of the human right to water under international law continue to be the subjects of controversy. This has resulted in uncertainty regarding the legal status, bases, normative content and the scope of the human right to water as well as the obligations arising from this right under international law. Against this background, this study sought to examine the human right to water under international law with the aim of clarifying its legal status, bases, normative content and scope as well as the correlative states’ obligations emanating from it under international. To this end, this study has demonstrated that the human right to water enjoys a dual and fragmented recognition under international law and as a result the human right to water equally enjoys a fragmented and dual but contradictory legal status under international law, which has the risk of leading to an inconsistent and ineffective implementation of the right in practice. For this reason, this study concluded that until the human right to water is codified and recognised as an explicit and an independent right under international, the current uncertainty surrounding its legal status, normative content, scope and the correlative states’ obligations emanating from it under international law will remain and as such the human right to water under international law will always be at the risk of being recognised as a mere derivative right and not as an independent right. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Public Law / LLM / Restricted

On 30 October 2014 South Africa's Constitutional Court unanimously stated that the South African Police Service was obligated to investigate allegations of torture in Zimbabwe. This landmark decision, based on South Africa's international obligations and domestic legislation, is rooted in the Court's interpretation of universal jurisdiction and in particular its application of the presumption of the "anticipated presence" of the accused. The case, first heard in the North Gauteng High Court in 2012 before being taken on appeal to the Supreme Court of Appeal and Constitutional Court, concerned allegations of torture against ZANU-PF officials and Zimbabwean police during the run-up to elections in 2007. This final judgment imposes a binding obligation on the South African Police Service to investigate the allegations, prior to any decision on further prosecution. This dissertation begins by providing a background to South Africa's implementation of the Rome Statute domestically before focusing on the theoretical framework of universal jurisdiction. This is followed by an examination of the South African jurisprudence, in particular the judgment of the Constitutional Court in National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre and Another. The Constitutional Court's decision to allow for the exercise of universal jurisdiction in absentia (otherwise known as "anticipated presence") must be located within the broader concept of jurisdiction. Anticipated presence is a controversial issue and this paper will explain both the Court's reasoning as well as possible implications of this judgment. The fight against impunity for perpetrators of international crimes, emphasised by both the Rome Statute and South Africa's own legislation, has been strengthened by this judgment. This paper will also examine the remaining areas of concern which were not addressed by the Constitutional Court. This Constitutional Court judgment will define the approach of South African courts in forthcoming cases concerning the application of the Rome Statute. Despite the Constitutional Court's failure to take all factors into account in its judgment, this landmark decision has changed the legal landscape considerably and will be a powerful tool to counter the culture of impunity.