Le concept de l'abus de droit a connu un important essor dans la plupart des disciplines. Non seulement l'interdiction d'abus de droit est présente dans de nombreux systèmes juridiques mais elle se retrouve dans les principaux instruments de protection des droits et libertés fondamentaux, qu'il s'agisse des instruments internationaux, universels ou régionaux, ou des instruments internes. Toutefois, la spécificité de cette branche du droit ainsi que la nature particulière du concept d'abus de droit posent la difficile question de la compatibilité de toute clause d'interdiction d'abus de droit avec la philosophie des droits fondamentaux. Cette interrogation implique de relever non seulement le défi de l'identification de la notion dans le domaine des droits fondamentaux mais aussi le défi de sa conceptualisation.L'identification de l'abus des droits fondamentaux est problématique dans la mesure où l'on est en présence d'une notion à contenu indéterminé révélant sa plasticité et sa malléabilité. Ces caractéristiques ont pour effet d'intégrer dans le droit positif un concept controversé, à la fois instable, mobile et confus et imposent à déterminer les éléments concourant à sa définition et à clarifier le champ d'application de l'interdiction d'abus de droit et les sanctions susceptibles de l'accompagner. La conceptualisation de l'abus de droit peut être édifiée à partir du rôle que ce dernier est amené à jouer dans le domaine des droits fondamentaux. L'interdiction de l'abus de droit se révèle en effet un élément important de l'ordre juridique des droits fondamentaux, dont l'usage, devant rester exceptionnel, permet non seulement d'assurer la régulation de l'exercice des droits individuels mais également de protéger les valeurs essentielles à leur sauvegarde et notamment celles inhérentes à la société démocratique. L'interdiction de l'abus vise également à assurer la complétude et concourt à la sauvegarde de la cohérence de l'ordre juridique des droits fondamentaux. / The concept of the abuse of the right is spread in most disciplines. This prohibition is, not only, present in several legal systems, but it can also be found in the principal instruments of the protection of human rights and fundamental freedoms. Nevertheless the specificity of this branch of the law and the particular nature of the concept of the abuse of right impose the difficult issue of the compatibility of every clause prohibiting the abuse of right and the philosophy of the fundamental rights. Therefore, this interrogation requires raising the challenge of its identification in the fundamental rights area, and the challenge of its conceptualization.The identification of the abuse of the fundamental rights is problematic, since that, we are facing a notion with undetermined content revealing its plasticity and its malleability. These characteristics have the effect of integrating, in the positive law, a controversial concept, unstable and at the same time mobile and confused, they also impose the determination of the elements that contribute to the definition and the clarification of the application field of the prohibition of the abuse of the fundamental rights. The abuse of the right conceptualization can be built if we head from the basic role, that it is managed to assume in the fundamental rights area. The prohibition of abuse of fundamental rights appears to be an important element of fundamental rights legal system, whose custom has to remain exceptional, allowing not only to regulate the exercise of the individual rights but also to defend the essential values in their protection process, and in particular those inherent to every democratic society. The prohibition of abuse of right ensures the coherence and the fullness of fundamental rights legal system.

This study is concerned with the assessment of the values held by elementary and secondary teachers. The values measured are those which underlie the American democratic culture. In addition, the effects of intelligence, temperament and sex upon the subject's system of values, will be ascertained. The values measured in this study are the traditional concepts of American democracy and are embodied in the Constitution. The following phrases illustrate these concepts: Belief in human rights; Freedom of choice; Equality of opportunity; Respect for the individual; Individual initiative as opposed to the status quo; Flexibility--the ability to adapt to permit further development in the light of new discoveries; Belief in law; Sovereignty of people; Allowance of differing attitudes and philosophies.

Resumé in English In the first chapter, author of the thesis focused on history and creation of the term "civil disobedience" Second chapter was focused on different views on what term civil disobedience actually means and how some of the famous legal theorethics as John Rawls, Hannah Arendt and Ronald Dworkin understand it. In the third chapter, there was specification of the term civil disobedience in all its theorethical aspects in context of polemics with all the different views in previous chapter. Fourth chapter was focused on civil disobedience in democracy and its role, specifics arising from the nature of democracy. In the fifth chapter autor was focused on specifics and nature of civil disobedience in non-democratic states together with mentioning a few examples from history. Sixth chapter compared effects and mutual influence of violent or non-violent civil disobedience and its effectivity. In the seventh chapter, author described in more detail one of the examples of civil disobedience in the Czech Republic which was decided by court, for describing how the process works in real life situations.

Magister Legum - LLM / This thesis examines the sexual rights violation in Eastern DRC, which has been described as the worst in the world. The sexual violence against women and children in this country is systematic and widespread and perpetrated by armed groups, and increasingly also by civilians. The prosecution of sexual offences should contribute to the reduction of these offences, but the Congolese state prosecutes very few cases. The resulting impunity became an obstacle to the state to stop sexual violence, which become unable to overcome the obstacles to prosecutorial action. The successful prosecution of sexual offenders in Eastern DRC faces many obstacles and requires an exceptional jurisdiction which must provide a minimum of better freely conditions to the prosecutors and better unrestrained justice access to the victims. The enforcement of the international instruments of justice will be possible only by this jurisdiction. The victims of sexual violence need more confidence in the jurisdiction which is really working for them to attain justice.

The purpose of this dissertation was to examine the process of democratic consolidation in Thailand between 1997-2006.  The country’s consolidation of democracy has been hampered by continuous cycle of coup d’états which throughout history have halted the overall process of democratization. The coup of 2006 is one example of those instances where the democratic consolidation process was interrupted.   The method used to examine the years of 1997-2006 was theory consuming by qualitative text analysis where the data used to assess the situation was qualitative. The theory of democratic consolidation was offered by Juan J. Linz and Alfred Stepan. The theory’s prerequisites were applied to examine the case study of Thailand. The theory chosen were hoped to give a plausible explanation for the failure of democratic consolidation in the case of Thailand. It was also hoped that it could assess the overall quality of Thai democracy and possibly give a better insight in why military coups seem to be a reoccurring phenomenon in the case of Thailand.

Thesis advisor: O. Ernesto Valiente / Thesis advisor: Andrew R. Davis / Reconciliation is based on a change in the attitude of humans toward one another and toward God. Jacob returns to Canaan to obey an order of God and to fulfill his promise. His encounter with God upsets him. His deference to Esau shows a change of attitude that produces a reciprocal effect on his brother. By sharing his wealth, Jacob recognizes the goodness of God who has filled him, accompanied him on his return and touched Esau to welcome him. Esau, also beneficiary of God's generosity, knows how to forget the past and to show himself in favor of his brother. The two brothers are blessed, and they bless each other. This mutual blessing goes beyond the sharing of material wealth. The forgiveness granted and received constitutes a central piece where each protagonist feels lifted up: Jacob recovers his status of a brother (no longer a target to be destroyed), and Esau’s face reminds the loving face of God. And I think, this is the moment when reconciliation happens between the two brothers. The account of Genesis 32-33 provides us with the (historical) example of a process of reconciliation anchored in a spiritual vision, with the participation of God and human beings. These features of Jacob-Esau process of reconciliation can be built upon to foster reconciliation among the estranged individuals and groups in the Congolese and African context. / Thesis (STL) — Boston College, 2018. / Submitted to: Boston College. School of Theology and Ministry. / Discipline: Sacred Theology.

The thesis pinpoints the responsibility of external powers in the tragic course of the Democratic Republic of Congo, as well as their influence on the policy making its leaders, from 1997 to 2001. It points out that, given the country’s geostrategic position in the heart of Africa and its immense natural resources, foreign governments play the preeminent role in the shaping of its destiny, particularly during the abovementioned five-year period marked by the two Congo Wars. This role had been blunt in the demise of Mobutu’s 32 year-long reckless, kleptocratic regime, as a consequence of the shift, by the United States of America aiming to safeguard its hegemonic interests in Central Africa, of the strategically pivotal pawn from Zaire to Uganda in the aftermath of the end of the Cold War. Thus, craving a great influence in the continent and sponsored by multinational companies from North America, Belgium, Australia and South Africa, Ugandan President Yoweri Museveni, along with his ex-subordinate Rwandan Deputy President Paul Kagame, patronized in October 1996 the Alliance of the Democratic Forces for the Liberation of Congo (AFDL), a Congolese rebel group led by Laurent Kabila and committed to oust Field Marshal Mobutu who bit the dust on 17 May 1997. The superseding AFDL reign will be mainly featured by the takeover of key positions of the state authority by Rwandans and Ugandans (keeping President Kabila in the thrall of his two eastern mentors), the throttling of the democratic process, the conditioning by major powers of any funding of Kinshasa’s triennial development programme to the Kabila regime’s observance of democracy, human rights and a UN investigation of the mass killing of Hutu Rwandese refugees on the DRC’s soil. That international community’s stance infuriated the Congolese leader who reconsidered all mining contracts signed with multinationals, developing anti-West discourse, promoted South-South cooperation, and expressed Rwandans and Ugandans from the Congo. The Western-backed Rwanda and Uganda bounced back by undertaking a military toppling of Laurent Kabila; but they reaped a fiasco because of three factors: intervention of Zimbabwe, Angola, Namibia, Chad and Sudan siding with Kinshasa; dissention within the Congolese Rally for Democracy (RCD); and tension between Kigali and Kampala that initiated the creation of a new rebel group: the Movement for the Liberation of Congo (MLC). The stalemate brought about by this situation and the involvement of the UN, the OAU, the SADC, the US, France and Belgium compelled the warring parties to conclude the Lusaka Agreement, setting up a roadmap for the war end, the inter-Congolese dialogue, a new transitional government, and an electoral process toward the democratic rebirth in the DRC. However, the Lusaka Agreement will be implemented thanks to the rise of Major General Joseph Kabila, after the assassination of his phantasmagoric father Laurent Kabila, paving the way to the Third Republic.

A dissertation submitted to the Faculty of Science, University of the Witwatersrand, Johannesburg, in fulfilment of requirements for the degree of Master of Science. August 2014. / The Central African Copperbelt is located in the Lufilian Arc which straddles the border between Zambia and the Democratic Republic of Congo (DRC). Mineralisation of the cupriferous Arc is found in basal Neoproterozoic Katangan Supergroup sedimentary rocks, which in DRC are termed the Mines Series Subgroup. The Mines Series is divided into the dolomitic and carbonaceous GRAT, DStrat RSF, RSC, SD and CMN units. The composition of the units is homogeneous across the Lubumbashi district and potentially across the Katangan basin. This study focussed on the Kinsevere and Ruashi deposits in the Lubumbashi district, which are approximately 50 km apart. The study confirmed that relative eustatic sea level changes resulted in the non-deposition of the RSF and RSC stratigraphic units at Kinsevere. Sedimentation was followed by early pervasive potassic alteration and silicification at the diagenetic stage whilst a magnesian dolomitisation event resulted in alteration of potassic feldspars and recrystallisation of carbonates. Albitisation was veincontrolled and late-stage scapolitisation altered evaporitic nodules. Finally, haematisation by late iron-rich fluids circulating through the Roan Group strata resulted in oxidation of sulphides. The structural analysis of Kinsevere Central pit indicates E-W and N-S shortening whereas the Ruashi pit 1 deposit underwent NE-SW and N-S shortening. Initial shortening, associated with Kolwezian deformation (D1), resulted in the formation of NE-thrust folds and a primary set of joints. The Kolwezian deformation event (D2), reoriented the shortening direction from E-W to N-S, creating interference folds and possibly a second set of joints. The final phase in the structural evolution of the Kinsevere and Ruashi deposits was late-stage brittle deformation (faulting). Mineralisation was a multi-stage process. Disseminated chalcopyrite and carrollite were deposited from formation waters during diagenesis in a stable basin environment. Chalcopyrite, carrollite, chalcocite and bornite are predominantly located at the base of the DStrat, whereas chalcopyrite and pyrite dominate the stratigraphically higher portions of the deposits. Hypogene vein mineralisation began at the syn- to late- orogenic stage with carrollite and chalcopyrite in beddingparallel veins. Possible changes in the compression direction created the perpendicularly oriented veins that host chalcopyrite, carrollite, bornite, covellite, digenite and chalcocite. Finally a late stage of chalcopyrite and pyrite deposition occurred in and around the evaporites, indicating a strong correlation between mineralisation, evaporites and scapolitisation. iii Near-surface supergene alteration of hypogene sulphide ores, resulted in Cu-Co carbonates and oxides, such as malachite, azurite, cobaltiferous malachite, chrysocolla, kolwezite and sphaerocobaltite being deposited in vugs and pore spaces above the meteoric water line. Faulted and brecciated zones tend to have deeper supergene alteration. Between the sulphide facies at depth and the supergene oxide facies at surface is a transition zone which marks the depth to which oxidation has penetrated. Sulphur isotope analysis from the Kinsevere and Ruashi deposits suggests a sulphur contribution from a continental Red-Bed sedimentary source and from an evaporitic source.

This qualitative study explores how knowledge and concepts of knowledge are experienced in an undergraduate teacher education course that employs a community of enquiry pedagogy. As designer and facilitator of the course I engaged students in enquiries and enquiry-based activities to learn about art. Using an action-research approach I made changes to the course design in response to how it played out. The art of the Constitutional Court of South Africa was the focus of our study and students developed structured and logical ‘frameworks’ for analysing artworks as well as playing with laterally extending concepts such as art, justice, equality and humanity. The findings suggest that the dialogical and embodied practice of a community of enquiry pedagogy strongly influenced my students’ and my own awareness of knowledge as a creative and experiential opening up and as a companion to the equally valuable experience of not knowing. Teaching within this epistemological framework demands democratic and reflexive pedagogies such as the community of enquiry.

O presente estudo está relacionado à discussão da formação escolar para a democracia. Assim o objetivo da presente pesquisa é identificar o modelo de escola democrática da Escola Projeto Âncora, importante referência dentre as escolas consideradas democráticas. Realizaremos assim uma análise crítica de sua organização como escola democrática, à luz da proposta aqui defendida, calcada nos trabalhos de Araújo (2015) e Puig (2000), buscando assim compreender o o modelo de escola democrática e, por conseguinte, de democracia na escola projeto Âncora. Buscando identificar os dispositivos que favorecem a implantação de um modelo democrático nessa escola, em especial as Assembleias escolares, e relacionar à concepção de democracia que a fundamenta. Entende-se nessa pesquisa que a concepção moderna de democracia deve ser concebida como um valor que preconiza a dignidade humana, fundamento dos direitos humanos, do que uma concepção dicotômica entre democracia direta e democracia representativa. Assim, a democracia como valor é a concepção adequada para a formação que busque a convivência coletiva, vislumbrando o comum, para além das tradicionais esferas privadas e pública. / The present study aims to relate the discussion about educational development to favour democracy. Thus, the objective of this research is to identify the model of the democratic school at Escola Projeto Âncora, which is an acknowledged democratic school. A critical analysis about the organization of the school was carried out considering the project hereby defended, based on the work of Araújo (2015) and Puig (2000) aiming the understanding of the democratic school project, specially the school assemblies and the democracy at this school. The research aims to identify the tools which favour the introduction of a democratic model at school and relate to the conception of democracy which sustains it. It is believed that the modern definition of democracy must rely on human dignity as a value, a dichotomous conception between direct democracy and representative democracy. Therefore, the democracy as a value is the suitable conception for the individual development which seeks the social interaction, envisioning the public welfare beyond the traditional private and public domains.