Thesis (doctoral)--Université de Paris, 1906. / At head of title: Université de Paris, Faculté de droit. Includes bibliographical references (p. [497]-499).

Thesis (doctoral)--Université de Paris, 1906. / At head of title: Université de Paris, Faculté de droit. Bibliography: p. [497]-499.

Rape is one of the most heinous and degrading crimes that exist. It attacks the victim's sense of human dignity and self-worth. Some argue that the crime of rape is akin to that of torture. The issue of rape is one that is experienced around the world; however, South Africa is one of the highest countries affected. This paper argues that South Africa is in contravention of its international obligations under the United Nations Convention Against Torture, and the Convention on the Elimination of all Forms of Discrimination Against Women, specifically with regards to the crime of rape and its relation to the crime of torture. This paper aims to prove the above statement through, first establishing a link between the crimes of rape and torture and that that this link is applicable in both international law and South African law. This paper will proceed to show that there are obligations, stemming from both international and domestic laws, on South Africa to take positive steps in preventing the crime of rape among private persons. This paper will demonstrate that through failing its obligation of due diligence in this regard, the state of South Africa fails to comply with the duties imposed upon it by international law.

Includes bibliographical references / The trade in and management of electronic waste in Nigeria is significant because of the volumes of e-waste generated from second-hand electrical and electronic equipment (EEE) imports. Current and future e-waste discourse advocate the need for, not only an effective legislative approach, but also a sustainable approach towards e-waste management, best encapsulated through a concept known as the 'Extended Producer Responsibility (EPR)' approach. The EPR approach, which is based on the Polluter Pays Principle (PPP) places legal, financial, informative and physical(including environmental) responsibility on producers of EEE, from 'cradle-to-cradle.'The thesis groups this classification into a general term - the 'EPR Matrix,' which is utilised throughout the thesis to analyse the realistic implementation and enforcement of these responsibilities on a producer in a developing country context. Although the shipment of e-wastes between developed and developing countries is regulated under the Basel Convention 1989 and the Bamako Convention 1991, both treaties, however, do not prohibit it. The efforts of Conference of Parties (CoP) to both Conventions reveal a cognizant change in perception which is aligned with the ideals of the EPR approach to e-waste management. The realistic implementation of this approach in a developing country context is investigated, because the importer, rather than the producer is the key actor in the EEE chain. The identification of this circumstance requires that the EPR approach be extended to include the importer and other actors in the EEE chain, sharing applicable responsibilities proposed by the EPR Matrix. The thesis explores the legitimacy of this premise, by evaluating the relative success of mandatory and voluntary EPR schemes on e-waste in South Africa. Although empirical investigation reflected in the thesis reveals that voluntary industry approaches on e-waste are effective and complementary to the regulatory model, this thesis also identifies a three-tier voluntary model for effective e-waste management in South Africa, and the scope of its application. Current e-waste legislation in Nigeria reflects the adoption of the EPR approach, but in essence, the provisions are ineffective, with the absence of requisite institutions to implement its provisions. This thesis suggest that Nigerian e-waste legislation be reconsidered, with a formalization of informal e-waste markets to reflect a more resolute approach towards illegal e-waste imports and management. The certainty of a successful, and effective EPR approach in Nigeria requires a synergy of both voluntary and mandatory approaches to e-waste in that jurisdiction, and an extension of the EPR concept to include other stakeholders in industry - producers, importers, retailers, consumers and government. This thesis thus recommends the adoption of both voluntary and mandatory approaches to e-waste management in Nigeria, including an institutionalized approach, which requires the establishment of collection centres for e-waste recycling, the establishment of an EEE registry/database and proper regulation of the informal sector.

Includes bibliographical references / Small scale business owners living and operating businesses in flood prone informal settlement areas are amongst the most vulnerable groups of society to climate change and associated risks. The state is unable to provide key goods and services in many of these areas of limited statehood. How these business owners respond to flood hazard in areas of limited statehood is of interest to this research. This research explores the governance processes in informal settlement areas in Cape Town, South Africa. A key concern in this study is what widespread informality means for the lived realities of the poor in environmentally vulnerable communities, particularly informal settlement areas. I explore the flood management strategies available in both the formal and informal sectors and how they are used by the small-scale business. Using a mixed method approach, in two informal settlement areas in Cape Town, I draw out and test factors for comparison with a focus on understanding the determinants of small business owners' choice and use of flood management strategy. The main literary contribution that this study makes is to demonstrate the ways in which civil associations in the informal sector built social capital that is then called upon at times of hazard. These civil associations help the business owners monetarily, but they also have inbuilt social capital which members exploit to respond to hazards other than the ones that the associations were created for. This way, small business owners can count on fellow community members in the face of adversity. I explore the ways that social capital is built in these associations, and how members are encouraged to contribute towards it and help others in times of need. This research helps our understanding of regulations outside of the state, and the governance role of non-state actors to respond to multiple hazards. By interrogating this governance issue in informal settlement areas and amongst low-income owners, I contribute to the growing literature on informality in African cities. The research makes an important contribution to research study whose framing of the state is empirically based, and therefore reflects the reality on the ground in many African cities. Much of the literature on governance in African studies had assumed the idea of a Westphalian state and interrogated the state, its functions and interaction the populace under this framing. Consequently, such research is unable to capture the real nature and governance capabilities of the state and raised more questions that it has been able to answer. Further, this framing of the governance role of the state in African cities obscures the role of non-state governance actors in both the formal and informal sectors. To this end, I conducted interviews with a total of 154 small business owners in Joe Slovo informal settlement in Langa township and Victoria Mxenge informal settlement in Philippi township. The interviews elicited information on business owners' exposure to flooding, their response and the factors that influenced their choice to response mechanism. A survey was also conducted to get demographic data of the business owners in the research sites, other key government officials, academic researchers, and representatives of insurance companies in the formal market. Based on this survey data further variables that could influence the choice of flood management strategy were drawn and tested in further interviews. The findings of the research point to the usefulness of nonstate institutions in the response to flooding in poor communities. The social capital built in to civil associations and its availability to fellow members at times of adversity makes them an adaptive vehicle to respond to numerous other hazards other than the ones that they are intended for.

Includes bibliographical references. / The Brundtland Report also defines sustainable development as “a process of change in which the use of resources, the directions of investments, the orientation of technological developments, and institutional change all enhance the potential to meet human needs both today and tomorrow.” This vague and broad definition relies on the notion that the world’s environment is a system where actions in one country can affect life on other continents. Examples of this include the 2010 Icelandic volcano eruption that affected air quality and travel in Europe, and the recent radiation detected in the United States after the earthquake and subsequent radiation leaks in Japan. The definition also implies that practically every aspect of our lives can have some effect, or can be relevant to, achieving a sustainable development goal. Most forms of production and consumption, key aspects of international trade, affect and can harm the environment. Thus, the issue is less about stopping these actions and more about making them less harmful to the environment and humankind. There will always be tension between forms of economic activity and environmental protection. However, trade is only one of many economic activities, and the WTO cannot be solely responsible for all aspects of the promotion of sustainable development and environmental protection. At its most general definition, international trade is the “economic interaction among different nations involving the exchange of goods and services.” It can lead to both economic growth and development. At its core, international trade involves the basic concept of supply and demand. Human needs and desires drive what will be in demand. This demand drives the need for a supply of that resource. Thus, the real question is what aspects of the current trading system, including the WTO, can be enhanced or changed to promote sustainable development. This paper aims to examine the relationship between the WTO and sustainable development. It further seeks to evaluate the ways in which the relationship has been successful and the ways in which it has been hindered. Finally, this paper looks to the future and suggests ways to enhance and change this relationship and more effectively protect the environment through the WTO.

The problem of piracy and armed robbery at sea has sharply risen in the last decades. As a result, shipping companies, governments, insurances and maritime organisations have tried to approach the problem in different ways, the employment of private maritime security companies being one of them. State navies do not have enough resources to cover the vast areas of the high seas. As a result, armed security teams are exercising traditional State functions to protect vessels from being attacked. This study aims to find the legal foundations in international public law for the employment of armed guards on-board of commercial or private vessels. Furthermore, legal questions about the seizing of pirates, the use of force, criminal jurisdiction on-board of ships and the carrying of weapons will be scrutinized. For this purpose, the applicability of the Geneva Conventions and other key documents of the international humanitarian law will be analysed such as the Montreux Document and the Draft International Convention on the Regulation, Oversight and Monitoring of Private Military and Security Companies. Moreover, relevant aspects of the UNCLOS rules will be highlighted. An additional chapter will review existing international and regional soft law standards, mainly developed by the shipping and the security industry. The analysis concludes that international law has not yet developed distinct rules for the use of private maritime security companies. Especially the UNCLOS does not deal with private actors in the fight against piracy at all. As a result, national law remains responsible for the creation of a comprehensive set of rules concerning the employment and the conduct of maritime security guards. In addition, the vast number of soft law guidance and standards are missing enforceable and effective mechanisms and cannot yet be seen as an alternative for national regulations.

Pas de résumé en français / Pas de résumé en anglais

This thesis explores the often overlooked nature of public law duty and its relationship with the doctrine of standing in English law. Drawing on English and North American legal tradition and thought, it posits that public law obligations should be reconceived of as fiduciary in nature, vesting correlative enforcement rights in citizens to constrain unlawful exercises of public power. This should correspond to the abolition of standing requirements and recognition of the rights of citizens and interest groups to bring administrative and human rights challenges before the courts. This thesis also aims to achieve some synthesis between liberal normativism and communitarianism by recognizing both the individual and the collective interests at stake in public interest litigation.

This thesis explores the often overlooked nature of public law duty and its relationship with the doctrine of standing in English law. Drawing on English and North American legal tradition and thought, it posits that public law obligations should be reconceived of as fiduciary in nature, vesting correlative enforcement rights in citizens to constrain unlawful exercises of public power. This should correspond to the abolition of standing requirements and recognition of the rights of citizens and interest groups to bring administrative and human rights challenges before the courts. This thesis also aims to achieve some synthesis between liberal normativism and communitarianism by recognizing both the individual and the collective interests at stake in public interest litigation.