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Criminal jurisdiction of the visiting SADC Armed Forces over their members during peace time : a case study of the Republic of South Africa and the Republic of BotswanaNgoai, Madila Asiel 06 1900 (has links)
Text in English / The study aims to investigate criminal jurisdiction of the visiting SADC armed forces during peace time focusing only on the Republic of Botswana and the Republic of South Africa. Since the adoption of the Declaration and Treaty of SADC, the armed forces of both Botswana and South Africa at times find themselves on each other’s territory. Once in each other’s territory the question of criminal jurisdiction becomes imperative. The two countries seem not to agree on the content of status of force agreements while cooperating in terms of the SADC Treaty. The contentious point is that the death sentence is still a competent sentence for certain offences under certain circumstances in terms of Botswana laws, whereas in South Africa the death sentence was declared unconstitutional. In the absence of any agreement, South African armed forces may face a death sentence while in Botswana and Botswana authorities might not be able to carry out a death sentence over their members for offences committed while in South Africa. In trying to answer the question of criminal jurisdiction while on each other’s territory during peace time, a study of the evolution of jurisdiction is undertaken. The laws of both countries are considered, especially the application and protection afforded by their respective constitutions. The approach followed by the UN in sending a peace-keeping force to conflict areas is analysed. A micro-comparison of agreements concluded by selected countries, more especially the NATO agreement, is undertaken. Treaties as a source of international law are analysed to show that rights can be extended and be limited by agreement.
The study concludes by recommending that concurrent criminal jurisdiction with certain qualification seems to be the accepted norm and compromise amongst the international community, and that the two countries may consider this approach as the basis for such agreement. / Public, Constitutional, & International Law / LL.M
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The role of the United Nations in preventing violent conflicts : lessons from Rwanda and SudanChikuni, Eshilla 28 May 2013 (has links)
The occurrence of internal armed conflict in Africa has increased over the last two decades. As such, Africa continues to be viewed by many as a troubled continent. In an attempt to avoid further conflict in Africa, organisations such as the United Nations have implemented comprehensive tools and strategies to prevent further conflicts from occurring. However, the genocide in Rwanda and the on-going unrest in Sudan have shown that there is still a lot of work to be done. In both these cases, the conflicts took place or escalated even with UN presence on ground. This paper will thus examine the UN's legal role in the prevention of internal armed conflict and establish the type of lessons that could be learnt from Rwanda and Sudan. / Public, Constitutional, & International / LL.M.
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Accounting for sustainability in Bengal : examining arsenic mitigation technologies using Process Analysis MethodEtmannski, Tamara R. January 2014 (has links)
This thesis shows how the Process Analysis Method (PAM) can be applied to assess technologies used to mitigate arsenic from drinking water in rural India, using a set of sustainability indicators. Stakeholder perspectives, gathered from a fieldwork survey of 933 households in West Bengal in 2012, played a significant role in this assessment. This research found that the ‘Most Important’ issues as specified by the technology users are cost, trust, distance from their home to the clean water source (an indicator of convenience), and understanding the health effects of arsenic. It was also found that none of the ten technologies evaluated are economically viable, as many do not charge user-fees, which creates reliance upon donations to meet recurring costs. Utilisation of a technology is strongly related to sociocultural capital, but in many cases, features that contribute to sociocultural value, like regular testing of the treated water, are not included in the financial budget. It is suggested that increased awareness might change attitudes to arsenic-rich waste and its disposal protocols. This waste is often currently discarded in an uncontrolled manner in the local environment, giving rise to the possibility of point-source recontamination. All technologies proved to have difficulties in dealing with waste, except the Tipot and Dug wells which produce no waste. Of the methods considered, the BESU technology scored highest, but still only with 47-62% of the maximum scores achievable within each domain. This explains the widespread failure of mitigation projects across the region. The indicators and metrics show where improvements can be made. A model scheme based on these findings is outlined which could be applied with the objective of increasing utilisation and improving sustainability. It can be concluded that a product stewardship approach should be taken in regard to design, implementation and operation of the technologies, including the creation of a regulated toxic waste collection and disposal industry.
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The role of the United Nations in preventing violent conflicts : lessons from Rwanda and SudanChikuni, Eshilla 28 May 2013 (has links)
The occurrence of internal armed conflict in Africa has increased over the last two decades. As such, Africa continues to be viewed by many as a troubled continent. In an attempt to avoid further conflict in Africa, organisations such as the United Nations have implemented comprehensive tools and strategies to prevent further conflicts from occurring. However, the genocide in Rwanda and the on-going unrest in Sudan have shown that there is still a lot of work to be done. In both these cases, the conflicts took place or escalated even with UN presence on ground. This paper will thus examine the UN's legal role in the prevention of internal armed conflict and establish the type of lessons that could be learnt from Rwanda and Sudan. / Public, Constitutional, and International / LL.M.
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Criminal jurisdiction of the visiting SADC Armed Forces over their members during peace time : a case study of the Republic of South Africa and the Republic of BotswanaNgoai, Madila Asiel 06 1900 (has links)
Text in English / The study aims to investigate criminal jurisdiction of the visiting SADC armed forces during peace time focusing only on the Republic of Botswana and the Republic of South Africa. Since the adoption of the Declaration and Treaty of SADC, the armed forces of both Botswana and South Africa at times find themselves on each other’s territory. Once in each other’s territory the question of criminal jurisdiction becomes imperative. The two countries seem not to agree on the content of status of force agreements while cooperating in terms of the SADC Treaty. The contentious point is that the death sentence is still a competent sentence for certain offences under certain circumstances in terms of Botswana laws, whereas in South Africa the death sentence was declared unconstitutional. In the absence of any agreement, South African armed forces may face a death sentence while in Botswana and Botswana authorities might not be able to carry out a death sentence over their members for offences committed while in South Africa. In trying to answer the question of criminal jurisdiction while on each other’s territory during peace time, a study of the evolution of jurisdiction is undertaken. The laws of both countries are considered, especially the application and protection afforded by their respective constitutions. The approach followed by the UN in sending a peace-keeping force to conflict areas is analysed. A micro-comparison of agreements concluded by selected countries, more especially the NATO agreement, is undertaken. Treaties as a source of international law are analysed to show that rights can be extended and be limited by agreement.
The study concludes by recommending that concurrent criminal jurisdiction with certain qualification seems to be the accepted norm and compromise amongst the international community, and that the two countries may consider this approach as the basis for such agreement. / Public, Constitutional, and International Law / LL.M
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A review of lessons learned to inform capacity-building for sustainable nature-based tourism development in the European Union funded ʺSupport to the Wild Coast Spatial Development Initiative Pilot ProgrammeʺWright, Brian Bradley January 2006 (has links)
This case-study establishes the influences of power-knowledge relationships on capacity-building for sustainability in the European Union Funded ‘Wild Coast Spatial Development Initiative Pilot Programme’ (EU Programme). It aims to capture the lessons learned for capacitybuilding to support nature-based tourism initiatives on the Wild Coast. The EU Programme aimed to achieve economic and social development of previously disadvantaged communities through nature-based tourism enterprises, and to develop capacity of local authorities and communities to support environmental management. The study discusses common trends in thematic categories emerging from the research data, and contextualises research findings in a broader development landscape. This study indicates that power-knowledge relations were reflected in the EU Programme’s development ideology by an exclusionary development approach, which lacked a participatory ethos. This exclusionary approach did not support an enabling environment for capacity-building. This development approach, guiding the programme conceptualization, design and implementation processes, resulted in a programme with unrealistic objectives, time-frames and resource allocations; a programme resisted by provincial and local government. The study provides a causal link between participation, programme relevance, programme ownership, commitment of stakeholders, effective management and capacity-building for sustainable programme implementation. The study argues that the underlying motivation for the exclusionary EU development ideology in the programme is driven by a risk management strategy. This approach allows the EU to hold power in the development process, whereas, an inclusionary participative development methodology would require a more in-depth negotiation with stakeholders, thereby requiring the EU to relinquish existing levels of power and control. This may increase the risk of an unexpected programme design outcome and associated exposure to financial risk. It may also have a significant financial effect on donor countries' consultancies and consultants currently driving the development industry. This study recommends an interactive-participative methodology for programme design and implementation, if an enabling environment for capacity-building is to be created. In addition, all programme stakeholders must share contractual accountability for programme outcomes. This requires a paradigm shift in the EU development ideology to an inclusionary methodology. However, this research suggests that the current EU development approach will not voluntarily change. I, therefore, argue that South Africa needs to develop a legislative framework that will guide donor-funded development programme methodology, to support an enabling environment for capacity-building.
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La structure de la réalité sociale abstraite inhérente aux sociétés prescrites : La quiddité des liens et des structures de coopérations intra-organisationnels issus de l’activité réelle, dans le cas du processus de co-construction de sens découlant des décisions stratégiques / The structure of abstract social reality inherent to prescribed societies : the quiddity of intraorganizational cooperation links and structures resulting from the actual activity, in the case of the sensemaking process deriving from strategic decisionsDandelot, Damien 15 May 2012 (has links)
Partant de l’idée que des filiales d’une entreprise sont en mesure de remettre en cause les décisions de la direction générale (maison-mère), l’approche holistique développée dans ce travail part du principe qu’une organisation peut être un « être », laissant entendre ainsi que les informations dont elle dispose seraient extérieures aux individus qui la composent. Ce qui conduit à s'interroger s’il est concevable d’ignorer l’individu dans une telle relation de domination. Cette thèse propose justement un modèle autour de résultats qui montrent la difficile exclusion de l’individu dans un contexte méta-organisationnel (dans lequel les membres seraient des organisations et non des individus). Dans cette veine, ce sont les dynamiques humaines de l’organisation qui sont au cœur de ce travail : il existe par et au travers de l’individu une dynamique issue de l’activité réelle qui permet de faire vivre l’organisation par elle-même, mais également qui permet au prescrit de cette dernière d’évoluer. Bien que les résultats obtenus montrent que l’organisation n’est pas un objet mort et sans force et qu’elle a bien la possibilité de vivre par elle-même, ce sont les individus qui — par leurs engagements conditionnels — permettent cette existence propre de l’organisation comme structure intra-consciente qui impose des droits et des obligations. Dans cette perspective, le modèle proposé vise à dessiner les structures de la réalité sociale abstraite (dénommé dans la recherche menée, l’Entité X) en montrant les forces et les contraintes organisationnelles qui pèsent sur les individus-membres, tout en relevant les capacités humaines à sortir des structures prescrites par la co-construction de liens et de structures transversales de coopérations issus de l’activité réelle. / Based on the idea that the subsidiaries of a company are able to call into question the decisions of senior management (the parent company), the holistic approach developed in this study assumes that an organization can be a “being”, implying thereby that the information in its possession is external to the individuals who compose it. This raises the question of whether it is conceivable to ignore the individual in such a relationship of domination. This thesis proposes a model based on the results which show the difficult exclusion of the individual in a meta-organizational context (in which members would be organizations and not individuals). Along these same lines, the organization’s human dynamics are at the heart of this research: there exists by and through the individual a dynamic resulting from actual activity that allows the organization to live by itself, while also allowing prescribe to evolve. Although the results show that the organization is not a dead and strengthless object, and it has the opportunity to live by itself, it is the individuals who —through their conditional commitments— allow the separate existence of an organizational structure’s intra-consciousness, which imposes rights and obligations. In this perspective, the proposed model aims to draw the structures of abstract social reality (referred as Entity X in this study) by showing the strengths and organizational constraints that weigh on individual members, while raising the human capacity to emerge from the structures prescribed by the sensemaking of links and transversal structures for cooperation that originate from the actual activity.
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