Includes bibliographical references. / The FIFA World Cup has become one of the most sought after sports mega events by many countries in today’s society, as well as one of the most controversial. As I put the finishing touches on this thesis, the FIFA World Cup is taking place in Brazil. As with previous World Cups, the planning stage of the 2014 World Cup has been characterised by protests and considerable criticism, particularly concerned with the expenditures on mega event structures such as stadiums. FIFA, along with host country’s governments, has been a major recipient of criticism. This controversy has prompted many people to focus their gaze on the negative impacts of these events, particularly on disadvantaged populations. Sports mega events will no doubt continue to occupy a crucial space in political and economic debates within host countries. As important as these debates are, they have tended to direct attention away from the governance mechanisms that FIFA deploys in staging World Cups. This thesis seeks to redirect attention to these governance issues.

Includes abstract. / Includes bibliographical references. / The end-goal of this study is to promote a bottom up reconstruction of international law. This implies, first, that reconstruction is necessary, and, second, that such reconstruction has substantive merit. As humanity heads into the future in 'Lifeboat Earth', a number of global storms are brewing, ranging from catastrophic environmental degradation to an economic meltdown and political instability, accompanied by grave human suffering – all of which can be addressed only through ecumenical cooperation at a global level. This, in turn, presupposes a global system of regulation. Thus far, the only regime available has been international law. Hence, it is imperative that it is (or becomes) justifiable, persuasive and relevant for all its participants and recipients. The study construes this to mean that international law must be cosmopolitan, that is, globally relevant and counter-hegemonic, and thereby emancipatory, which signifies a normative order wherein human potential can flourish.

This study explores the exercise of prosecutorial discretion during preliminary examinations at the International Criminal Court. The key questions it investigates are whether there is a secure legal and theoretical basis upon which such discretion can and should be exercised and whether the Prosecutor of the International Criminal Court understands, develops and applies appropriate rules governing such discretion consistently. The study involves the analysis of various primary and secondary sources of law regulating the exercise of prosecutorial discretion. It begins by looking at the exercise of discretion at the national and international judicial systems to understand how their practices have informed and influenced the International Criminal Court Prosecutor, and then examines the provisions of the Rome Statute and its rules of evidence and procedure to determine the scope of the exercise of prosecutorial discretion. It also critically reviews the policy paper on preliminary examination adopted by the International Criminal Court Prosecutor. The study argues that, although the International Criminal Court Statute does not provide clear guidance on the exercise of prosecutorial discretion during preliminary examinations, there is a sufficient legal and theoretical basis upon which to exercise this discretion during preliminary examinations at the International Criminal Court. Article 42 of the Statute of the International Criminal Court, which provides for the independence of the Office of the Prosecutor is one such legal and theoretical basis. Thus, the Rome Statute clearly endorses the theory of prosecutorial neutrality. After expounding such a legal and theoretical basis, the thesis examines six case studies which represent six preliminary examinations conducted by the International Criminal Court Prosecutor in the conflicts in Uganda, Sudan, Côte d'Ivoire, Central African Republic, Kenya and Libya. The examination will answer the question whether the Prosecutor has exercised discretion in accordance with the spirit of the International Criminal Court Statute, and in a manner that would assuage claims that the Court is not neutral, especially in its dealing with African states. The analysis of these case studies shows that the Prosecutor has not exercised its discretion consistently and in a manner that can inspire public confidence in the administration of international criminal justice. To remedy this situation, the study recommends, among other things, the need for clarity on the exact roles of the Prosecutor and Pre-Trial Chambers during preliminary examinations, beyond the current practice where the Pre-Trial Chamber can only authorise the opening of proprio motu investigations. Second, the study recommends the review of the policy on the gravity of crimes. Although the policy paper on preliminary examination has clarified the fact that gravity involves both quantitative and qualitative analysis of victims of international crimes, it is not yet clear how to carry out gravity analysis. Third, the study proposes enhancing positive complementarity during preliminary examinations in order to encourage national efforts in the investigation and prosecution of international crimes. Finally, the study recommends that the decision to suspend or defer investigations or prosecutions in the 'interests of justice' under article 53 of the Rome Statute should be a shared responsibility between the Court and the United Nations Security Council.

Includes abstract. / Includes bibliographical references (leaves 242-266). / The international community's overwhelming support for the United Nations Convention on the Rights of the Child of 1990 and the International Labour Organisation's Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour of 1999, implies a high degree of international concern for the welfare of the child. This backing is based on an assumption that the institutionalisation of children's rights and the abolition of child labour at a global level will result in the improvement of the lives of all children. Despite this display of concern, there are considerable differences between the North and the South on the child rearing methods and attitudes towards the work of children. With this in mind, can a world that is so diverse socially and culturally effectively implement the international law on child labour? This research therefore set out to examine the efficacy and appropriateness of the universal standards on child labour in the context of the indigenous societies of Lesotho, Zimbabwe and South Africa.

The aim of this research project is to examine the adaptation of taxation systems as an instrument for achieving carbon dioxide (CO2) emission reductions.

In this thesis, the constitution-making legal frameworks in Rwanda, Kenya, and Tanzania are examined in relation to how they facilitated public participation in line with Article 25 of the International Covenant on Civil and Political Rights, 1966 and Article13 of the African Charter on Human and People’s Rights, 1986. In line with Articles 4 and 7 of the Convention on the Elimination of All Forms of Discrimination Against Women, 1979, and Article 9 of the the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, 2003, the thesis gauges the level and impact of women’s participation in the constitution-making processes in furthering equal representation of men and women in parliaments. Findings contained in this thesis are informed by primary data from international, regional and national legal frameworks relating to participation in political decision-making processes and are supplemented by secondary data from credible reports, journal articles and books. Analysis of the colonial and early postcolonial constitutional formations depicts imposition of the constitutions by the colonial governments in consultation with a few African political elites. Generally, the colonial and early post-colonial constitutionmaking processes were founded on weak legal frameworks, denying the public, including women, the right to take part in constitution-making processes. The onset of international and regional conventions slowly influenced the opening of the constitution-making processes to the public. The 2003 Rwandan Constitution, 2010 Kenyan Constitution, 1977 Tanzanian Constitution and the subsequent stalled 2014 Tanzanian Proposed Constitution were founded on moderate strong legal frameworks allowing some level public participation. In terms of facilitating women’s participation, these frameworks suffered shortcomings in several aspects particularly in composition of constitution-making organs, access of uneducated and rural women and ensuring substantive participation by women. However, the 2003 Rwandan Constitution, the 2010 Kenyan Constitution, the 1977 Tanzania Constitution and the 2014 Proposed Draft Constitution of Tanzania contain equality and non-discrimination provisions. When it comes to women’s participation in parliaments, the definition of equality is equated to a percentage (mostly 30 per cent), which does not represent the meaning of equality. An increased number of women parliamentarians in the Rwandan, Kenyan, and Tanzanian Parliaments, has enabled the legislation of gender sensitive laws and policies in the areas of inheritance, gender-based violence, family law and land rights. However, there are many areas in which women parliamentarians fail to represent the real interests of women. Challenges related to the practice of first-past-the-post and proportional representation electoral systems and the practice of temporary special measures continue to hinder the realisation of equal representation of men and women in parliaments. Rwanda, Kenya, and Tanzania should adopt the equality-based proportional representation electoral system. Short-term recommendations are provided based on the contextual differences and uniqueness of each country under study namely Rwanda, Kenya and Tanzania.

This study critically examines the child justice system in mainland Tanzania in the light of principles recommended by international child rights law. Thus far, international child rights law has developed a three-dimensional approach to child justice: an effective system to prevent child delinquency, the use of non-judicial procedures, and the development of special procedures aimed at protecting the rights of the child when judicial interventions are unavoidable. This approach is consistent with modern philosophical thinking about child justice. The analysis of Tanzania's policies and laws on the prevention of child delinquency revealed glaring inadequacies. In particular, the laws fail to provide adequate legal protection to their socio-economic rights, such as those relating to health services and education. Since children subjected to violence and those lacking access to the basic necessities of life are the most prone to delinquency, the lack of policy attention to these areas mean that most of those children are likely to continue to engage in delinquency. Tanzania's child justice system places undue reliance on judicial mechanisms. Although an attempt has been made of late to introduce some provisions allowing for the use of non-judicial interventions, these lack sufficient legal foundation and are not used consistently. Despite its reliance on judicial mechanisms, Tanzania's child justice system is not as child friendly as one would expect. Granted, judicial mechanisms make provision for the child's rights to information, to be heard, to privacy and to an expeditious process. However, they do not adequately protect the child's rights to legal representation and to protection against prosecution for status offences. Sentences such as repatriation, detention at the President's pleasure and corporal punishment, which are inconsistent with international law, are still legally allowed. Substantial reforms are required in order to make Tanzania's child justice system compliant with international law and modern notions of justice. The reforms that have been made through the recently enacted Law of the Child Act 2009 are commendable but, as this thesis shows, much more remains to be done in order to guarantee in full the rights of the child in Tanzania's child justice system.

Includes bibliographical references. / The new constitutional era in South Africa has brought fresh demands on all institutions of society. The South African military justice system has not been spared. The pressure to transform this system has also been fuelled by a wave of reform of military justice systems in other democratic Commonwealth jurisdictions. In this thesis, I evaluate South African military courts against the basic requirements of judicial independence as interpreted by the Constitutional Court and relevant international bodies. In doing so, I draw on my experience of working in military courts as defence and prosecution counsel respectively in the South African National Defence Force. I conclude that all forums of military justice (including the Commanding Officer’s Disciplinary Hearing) do not meet most requirements for judicial independence. Military judges lack security of tenure; financial security; institutional independence on important administrative aspects; and their institutional impartiality is questionable. I further investigate a suitable model of judicial independence for South African military courts in the democratic era. I propose a new model guided by the following: relevant principles of constitutional and international law relating to judicial independence and the right to a fair trial; emerging foreign trends; and most importantly, military uniqueness and operational effectiveness.

INTRODUCTION The primary thrust of my work is to cast aside vacuous claims about ubuntu whilst emphasising the communal obligations’ focus of ubuntu. The state is duty-bound to give effect to socioeconomic rights as enshrined in the Constitution. Ubuntu, with reference to its communal obligations’ focus, could serve to facilitate the realisation of critical socio-economic rights as well as forge social solidarity. It is submitted that public officials that embrace ubuntu, as defined by an unwavering focus on communal obligations, will give effect to their duties (as provided for in the Constitution) as a means to create a just and caring nation-state. METHODOLOGY This is a mixed-methods study which delves into specific aspects of public law, anthropology and political philosophy. Political philosophy is explored as a means to develop a nuanced understanding of ubuntu whilst the anthropology discipline is utilised in order to develop a firm grasp of the lived reality of vulnerable groups. There is a specific focus on Constitutional Court jurisprudence (as pertaining to the progressive realisation of socio-economic rights as well as ubuntu) and the relevant international law obligations of the Republic of South Africa (i.e. the 2015 ratification of the International Covenant on Economic, Social and Cultural Rights). FINDINGS An exploration of political philosophy sheds light on the political landscape within which ubuntu is deployed and serves to confirm that to discuss ubuntu is to engage in a political act. The discipline of anthropology can make a telling contribution to the application and reception of law by providing textured insights of the lived reality of vulnerable groups. The Constitutional Court should utilise the minimum core obligation approach as a means to provide critical determinate content for key socio-economic rights. Furthermore, the Constitutional Court should embrace an oversight role in ensuring that the state does in fact progressively realise the subsistence rights of vulnerable groups. Ubuntu can in fact mesh with a human rights regime. This thesis serves to confirm the manner in which ubuntu, understood as an unwavering focus on communal obligations, can promote the accountability of public officials in South Africa (as well as foster social solidarity) by facilitating the progressive realisation of constitutionally guaranteed socio-economic rights. However, the expectations demanded of ubuntu should be tempered in the absence of an economic transition to fundamentally transform the living conditions of vulnerable groups.

The thesis argues for the retention and reform of the small claims courts. It considers the evolution of the small claims courts since their establishment in 1985, and the steps taken by the Government since 1994 to revitalise the courts to strengthen access to justice. The thesis also considers the management of the courts; the recruitment and qualifications of presiding officers; the rules of jurisdiction and locus standi; the processes and procedures of the courts; and the potential for introducing alternative dispute resolution (mediation). The thesis relies on a broad spectrum of local and foreign literature, the South African common law and statutes, as well as comparative research to argue for the reform of the courts and in particular, the Small Claims Courts Act 61 of 1984 and the Rules Regulating Proceedings in the Small Claims Courts. The small claims courts’ legislation is interrogated and concrete amendments are suggested. Arguments for reform are bolstered by official statistical data sourced from the Department of Justice. The study reveals that significant improvements must be made to the legislation governing the courts. The thesis establishes that the legal rules of jurisdiction and locus standi require a fundamental overhaul. While the thesis is complimentary of certain aspects of the processes and procedures of the courts – for example, the inquisitorial style of conducting a trial and the relaxation of the rules of evidence – it identifies a host of problems that impede access to justice, such as the lack of technology in the courts, cumbersome processes, and the presence of procedures that hinder justice because they are difficult to apply in practice. With regard to the management of the courts, the thesis recommends several steps to improve service delivery and proposes a new organisational framework for court management. The recommendations are easy to implement, with minimum cost to the State. The current regime of recruiting volunteer practitioners to preside in the courts is supported. However, experience shows that there is need to appoint a pool of magistrates to service the courts. In accordance with international trends, mediation in the courts is recommended. The thesis explains how and when mediation should be used to resolve disputes.