No description available.

This study aims at testing the applicability of the universal standard for protection of children, ―the best interests of the child principle‖, to children caught up in armed conflict situations. The study introduces the effects of armed conflict on children by discussing two case studies of conflicts situations, namely Somalia‘s situation under the Al Shabaab and the LRA as it formerly operated in Northern Uganda. Heart-breaking narrations of child victims are given prominence to show the invalidity of ―best interests‖ principle in conflict situations. It acknowledges that the ―best interests‖ principle is a good tool for enforcement of children rights. It analyses the theory of rights in general so as to explain the origin and importance of rights. Since children‘s rights are part and parcel of human rights, the study also looks at the international human rights and the regional and international enforcement mechanisms, though not in details. This study looks at the various theories justifying the existence of children‘s rights, and the dichotomy between rights and interests. It also addresses the protection of children rights and the various discourses advocating for or negating children‘s rights. It explores the age question with regard to enforcement of children‘s rights based on the fact that childhood is a dynamic period. It also critically analyses the ―best interests‖ principle and the various alternative standards that have been advanced. It concludes that despite the various criticisms, the ―best interests‖ principle still obtains the better standard for protection of children‘s rights in peace times subject to being complemented by other rules. The study also focuses on protection of children under the International Humanitarian Law with specific focus on civilian protection during armed conflict. It also focuses on the progress made in international efforts to protect children from the effects of armed conflict. Finally, reasons are advanced as to why the Best Interests Principle is not applicable in armed conflict situations, and an alternative standard proposed. / Public, Constitutional, & International Law / LL.D.

published_or_final_version / abstract / Business / Doctoral / Doctor of Philosophy

The impact of cultural practices on the advancement of women in Africa: a study of Swaziland and South Africa

The involvement of children in conflict is not a recent phenomenon. The military use of children dates back to ancient times. The change of warfare and the advocating of the protection of children's rights within the global discourse context have taken the discourse on child and youth involvement in conflict out of the political and military context and placed it into one circumscribed by legal and moral concern. Since the late 1970s, a number of international instruments have been promulgated to limit the recruitment of child soldiers, but even though the numbers of children being recruited into armed forces have decreased, children continue to be deployed into armed forces, particularly in Africa. 'Loopholes', vagueness and inconsistencies in the treaties and the strengths and weaknesses of the enforcement and monitoring mechanisms have created legal uncertainty which have ultimately resulted in further injustice for the child. However, legal uncertainty is not per se the cause of recruitment continuing; the cause being more complex. Researches and treaties have failed to address the obstacles to the implementation of the relevant international law. The issue(s) of culture and child crossborder recruitment have served as obstacles to an effective protection of children against recruitment by international law. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2010.

Adopting historical, legal and comparative methods and incorporating knowledge and findings from multiple disciplines, this thesis not only explores political implications of those constitutional provisions and amendment regarding the Chinese presidency, constitutional significance of the CPC's political practices of decision-making such as Mao Zedong's "power of last say", his idea of "two fronts", his controversial abolition of the chairmanship, Deng Xiaoping's idea of "the core of leadership", and "diplomacy of the head of state" by Chinese presidents, thus negating the mainstream constitutional and political idea that the Chinese president is (or should be) the head of state of China, but also sheds new lights from the institutional perspective on the on-going academic discussions about the situation of rule of law in China. Since China is a great Eastern and developing country "building socialism with Chinese characteristics", this thesis also contributes to research in areas such as cold war history, the socialist government system and legal development in developing countries. / By pioneering an all-around examination on legal and political development of the Chinese presidency since its origin through different historical stages from both normative and positive aspects within the framework of the party-state, it is concluded that the Chinese presidency has evolved from a traditional Chinese title into a governmental position, and then a state institution that has a constitutional appearance of a Western semi-presidency. However, it has functioned politically in a Stalinist party-state with Chinese characteristics, whose candidate has by far been produced according to the CPC's step-by-step succession rules designated by the paramount leaders and real political decision-making power has mainly not only been limited by these succession rules, but also decided by his role and status within the CPC's supreme collective decision-making body. Underlined such decades of constitutional evolution and political dynamics have been the changing foreign influences and local demands on China. As China becomes more globalized and its traditions of "rule of man" gradually die out, law and politics surrounding this office has been more compatible, thus giving rise to a nascent rule of law. / It is widely-accepted that the constitutional office of Chinese president has undergone dramatic changes since its establishment in 1954, to its abolition in 1975, and its revival in 1982. This has been commonly attributed either to the importation of the Russian model, or the personal influences of the CPC's leaders Mao Zedong and Deng Xiaoping, or political considerations, such as the need for a head of state. This thesis questions these general, yet sometimes contradictory, account and quests for more coherent explanations for those twists and turns in the evolution of the office of president. / Zhang, Runhua. / Adviser: Michael Pendleton. / Source: Dissertation Abstracts International, Volume: 72-04, Section: A, page: . / Thesis (Ph.D.)--Chinese University of Hong Kong, 2010. / Includes bibliographical references (leaves 285-314). / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. Ann Arbor, MI : ProQuest Information and Learning Company, [200-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. Ann Arbor, MI : ProQuest Information and Learning Company, [200-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstract also in Chinese.

In Mabo v. State of Queensland (No. 2) (1992) 175 C.L.R. 1, the majority of the High Court held that ???native title??? had survived the acquisition of sovereignty over the Australian continent and is ???recognised??? by the common law. However, all the judgments failed to articulate clearly either the nature of native title as a legal form, and the relationship of that legal form to the common law, or what is meant by ???recognition???. Twelve years later the High Court has still not provided a satisfactory understanding of any of these matters. The central problem investigated by this thesis is the nature of that relationship and of the legal interest of native title. It is contended that this relationship can be understood and ordered as a matter of jurisdiction. This thesis seeks to recuperate a substantive concept of jurisdiction, and specifically of a particular jurisdiction, that of the common law, and to demonstrate how the interest of native title results from the jurisdictional relationship between common law and indigenous law. Part I is a genealogy of native title, drawn out through a history of ideas about common law jurisdiction. It is an account of the legal practice of jurisdiction, through a conceptual elaboration of a particular jurisdiction: the common law. This part traces the history of the common law from its origins in a pluralistic, fragmented, jurisdictional landscape, to its current position as the ???law of the land???. It considers the traditional mechanisms and techniques through which the common law has ordered its relationships with other jurisdictions, and how it has appropriated matters traditionally within the purview of other jurisdictions, accommodating them within the common law as ???custom???. The thesis demonstrates that the same gestures and practices can be seen in modern native title decisions, and contends that the ordering which underpins both native title, and the Australian legal system, is jurisdictional. Part II examines the practice of jurisdiction through an examination of three technologies of jurisdiction, all of which contributed to the construction of the legal entity of native title as an act of jurisdiction: mapping, accommodation and categorisation.

No description available.

In this thesis I start by reviewing the theoretical perspectives that have informed the debate around equality rights for gays and lesbians. Next, I will analyze the concept of equality developed by the Supreme Court of Canada under section 15 of the Canadian Charter of Rights and Freedoms. In the Andrews case, decided in 1989, the Supreme Court of Canada rejected a model based on formal equality, embracing instead the far-reaching concept of substantive equality as a way to redress historical prejudice and disadvantage of individuals and groups that fall within enumerated or analogous grounds of discrimination. In the last decade, a number of courts have applied this model to equality claims brought under the Charter by same-sex couples. I will explore the details of several of these cases as well as a variety of statutes relating to same-sex couples. Finally, I will discuss recent law reform proposals that recommend that state benefits should be allocated regardless of the relationship status of the beneficiaries, thereby envisaging more radical changes to the legal system. I conclude that the Canadian approach to equality for same-sex couples has followed an interpretive method that seems to apply a definition of family that is shifting and varies on an ad hoc basis, but that the denial of spousal status under marriage laws represents a limitation of equality rights still to be overcome. I also conclude that, in fact, the concept of status may still influence the adjudication process under section 15 of the Charter as far as marriage rights are concerned. This is because the framework of analysis under section 15 calls for an assessment of the claimant's position in the larger socio-political context, and this element, if not properly circumscribed, risks being corrupted by existing prejudices and biases relating to family.

At any one time there are estimated to be between 300 and 500 young people involved in street life in Vancouver. Although between 40 and 50 per cent, leave the street life each year, the overall figure remains much the same. Living on the street increases the chances of the young person being involved in crime, such as prostitution or theft, and of suffering from drug addiction, violent assault or HIV. However, for many young people the street is preferable to what they have left behind. And even when living on the street becomes too difficult, getting off the street often appears impossible. This thesis considers one way of addressing the problems faced by young people on the street: the use of legal rights. In particular, it considers the limits on such young people using rights. First, under the two main theories of rights for children, the content of the rights is decided by adults on behalf of the child. Second, the liberal form of rights further restricts their use by street-involved youth due to the anti-statist and atomistic nature of this version of rights. Third, the dominant discourse of childhood constrains the use of rights by imposing familial structures on young people on the street and ignoring their views. Rather than suggesting new rights for street-involved youth, this thesis concentrates on strategies that might be of use for street-involved youth in overcoming these constraints. These are giving an active voice to young people; insisting that the individual characteristics of street-involved youth are taken fully into account; considering a variety of actions, some of which might seem contradictory, but which allow for maximum flexibility; trusting the decisions of young people on the street; and ensuring that street-involved youth are not seen as an isolated problem, but in the context of a wider picture of other people with similar problems, such as adult street people, lesbian and gay youth, welfare recipients and so on.