The attacks of 9/11 constitute a crucial point in the development of the right of self-defence against a non-state actor in customary international law. More and more states used force against non-state actors while claiming their right of self-defence in the post-9/11 era. Situations such as the US fight against the Taliban in Afghanistan, Russian attacks on Chechen fighters in Georgia or the fight against ISIS in Syria raise the question of whether the customary right of self-defence is still unchanged. While most of such situations were considered unlawful uses of the right to self-defence, this thesis focuses on the question of whether customary international law in this respect has evolved to allow for some of such uses of force. Building on a discussion of the theoretical framework of the formation of custom, this thesis examines traditional as well as non-traditional approaches to the elements of state practice and opinio juris. I then analyse the widely held view in the scholarship that the customary right to self-defence has not changed. As I identify weaknesses of such examinations of the customary right of self-defence, this thesis examines an alternative approach to the formation of custom. As an alternative, I discuss the applicability and requirements of the doctrine of specially affected states and re-examine the situations from the 21st century when states exercised their right of self-defence against non-state actors. The thesis argues that, if one were to apply the doctrine of specially affected states, one can argue that the customary right of self-defence against non-state actors has changed. To prevent abuse of such an interpretation, I discuss to what extent opinio juris or other sources of international law could limit such a formation of custom. In the example of the right of self-defence, this thesis analyses to what extent a re-interpretation of the element of opinio juris is required and how concepts like jus cogens or general principles of international could be employed as limiting factors to such a formation of custom resulting from the doctrine of specially affected states.

his paper covers the constitutionality of the Disaster Management Act known as the Covid19 regulations. It will argue that to keep in line with an open and transparent government in a participatory democracy, we needed a more open and public regulation making process which was less truncated. It argues that had all communities been consulted in the making and enforcing of lockdown regulations there would have been more adherence and less lives lost. Furthermore, because Covid-19 regulation-making is administrative action, had more procedural fairness and participation been included in the process then the right would not have been breached. I will then show that the process was irrational, unreasonable and unlawful, and that the executive used the DMA declaration to exercise powers of emergency and that the lockdown declaration was more a de facto state of emergency and not a state of disaster. I will then set out the socio-economic consequences of the lockdown on gender-based violence, women and children, and early childhood development learners, and how more public participation and giving effect to just admin action could have mitigated these effects. Furthermore, this not only makes this irrational and unconstitutional but also takes us back to Apartheid like powers being exercised by the executive.

This paper intends to explore the implications for South African administrative law of the constitutionalisation of administrative justice in the interim Constitution. It is divided into two parts, the first dealing with the impact of the constitutionalisation of the clause, and the second dealing with the impact of each specific sub-section of section 24. These sub-sections are examined in the broader context of their effect on the various factors (I have divided them into six categories) that have limited the scope of judicial review at common law before the Constitution. The analysis of the effect of section 24 will demonstrate the important (albeit limited in some respects) role that judicial review has to play in the achievement of the new democracy in South Africa, which will be discussed in general terms in Part One. Therefore, the main purpose of this paper will be to show the interaction between section 24 and broader issues of democracy. The analysis of the specific sections will illustrate how successful this interaction will be. These conclusions will be reached against the backdrop of judicial review and constitutionalism during the apartheid e~a in South Africa.

The question of racial bias in the criminal justice system has long been a controversial one in South African legal, sociological and political discussion. This thesis is an intervention in the discussion, in favour of the argument that the criminal justice system is a site of racial and other forms of bias. Whereas the conventional emphasis has been on the structures of bias, the focus here is upon the language of bias in the criminal justice system, that is, upon the way in which white judicial officers speak to or about working-class people of colour. Traditionally, the analysis of biased language has been concerned with the patent racist utterance or opinion, identified according to the positivist techniques of content analysis. However, of late an important shift has taken place in the language of racism, to a discourse formally free of blatant racist insults. The analysis of the language of this "new racism" in the criminal justice system is the central focus of this thesis.

Education as a human right is a subject of considerable debate all over the world. Indeed, we are living at a time when concern for educational rights has reached new heights. The importance of the right to education is recognized in several international instruments and in many constitutions but it is also one of the most complex human rights under present international law. In 1954, the United State Supreme Court in the famous case of Brown v Board of Education stressed the fundamental importance of education for all and asserted that "in these days, it is doubtful that any child may reasonably be expected to succeed in life if he (or she) is denied the opportunity of education"

This dissertation deals with the powers, duties, -and control of persons participating in a compulsory winding-up of a private company in South Africa and a "Gesellschaft mit beschraenkter Haftung" (Private company with limited liability) in Germany. At the outset it is therefore necessary to give a short description of the private company and to outline the different grounds for a winding-up in both countries, thereafter only the winding-up _grounds relating to insolvency will be discussed. Special emphasis will be placed on an explanation of the position of the liquidator and the "Konkursverwalter" (trustee in bankruptcy) in South African and German Law.

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Thesis (doctoral)--Universitẗ Breslau.

Thesis (doctoral)--Universidade de São Paulo.