Thesis (Ph. D.)--Princeton University, 1974. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 480-494).

Thesis (Ph. D.)--University of Wisconsin--Madison, 1984. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 166-169).

Thesis (Ph. D.)--Columbia University, 1928. / Published also as Studies in history, economics and public law, edited by the Faculty of political science of Columbia university, no. 305. Bibliography: p. 343-353.

Thesis (Ph. D.)--University of Colorado, 2005. / Includes bibliographical references (leaves 159-175).

Thesis (Ph. D.)--University of Washington, 2003. / Vita. Includes bibliographical references (leaves 395-403).

This thesis examines why courts in the United States of America (US), India and South Africa refer to foreign law in death penalty cases. To gain an understanding of what drives the apex courts of the US, India and South Africa to cite foreign law when considering domestic death penalty issues, this thesis proposes a three-part matrix to both assess the relevant case law and to analyse the academic literature on cross-citation. Firstly, it will be demonstrated that judges in national courts cross-cite comparative law out of a primary interest in constitutional interpretation. Cross-citation is used in this manner to assist judges in their domestic interpretative tasks. Secondly, it will be illustrated how courts that engage in the citation of foreign law also seek guidance from other jurisdictions as to the content of shared values, such as what type of punishment does not fundamentally and unlawfully violate the right to human dignity. Finally, this thesis assesses to what degree courts from the three selected jurisdictions are additionally referencing or applying a customary international law norm when citing foreign sources. The argument is made that the domestic courts under examination engage with comparative law in the context of a broader transnational normative project, taking the international human rights framework that developed after the Second World War as a key reference point. In doing so, this thesis argues that these courts are at times recognising and developing emerging customary norms, and at other times giving effect to and enforcing applicable international human rights law.

Les migrations Sud-Nord et Sud-Sud sont une actualité brûlante, et les instruments juridiquescensés les réguler sont ignorés des peuples, et insuffisamment analysés par les juristes. Le rôle desÉtats, de leurs organisations régionales et internationales est fondamental dans l’élaboration d’un droitdes migrations internationales. La présente thèse identifie deux situations qui caractérisent lecomportement des États africains depuis leur accession à la souveraineté nationale. D’une part, un rôlede subordination vis-à-vis des États du Nord (1960 à 2006) selon lequel les États africains se sontcontentés de répondre favorablement aux politiques migratoires des États du Nord, sans exiger decontrepartie. D’autre part, depuis la conclusion des accords de réadmission, on assiste à une relativeémancipation de certains États africains. Ce sont surtout des États (Sénégal, Mali) aux traditionsmigratoires Sud-Nord plus anciennes qui exigent désormais des contreparties avant la conclusion denouvelles conventions. Le comportement de ces États est influencé par une opinion publique nationaleplus sensible à la question migratoire en raison de l’ampleur des transferts financiers des travailleursmigrants vers leurs pays d’origine et une diaspora éclairée fortement installée dans les États du Nord.Par ailleurs, l’étude met en exergue les contradictions des organisations communautaires ouestafricainessur la question migratoire. L’UEMOA et la CEDEAO sont prises en étau, entre promotionde la libre circulation, du droit de résidence et d’établissement des personnes dans des espacesmigratoires en réalité concurrentiels, et en même temps acceptation des rôles de gardes frontièresextérieures de l’Union européenne. / The South-North and South-South migrations constitute one of the burning hot newstoday, whereas the supposed legal instruments to control them are unknown by people, andinsufficientthy analyzed by lawyers. The role of implied States, regional community agencies andinternational institutions, is howewer foundamental in the recognition or the refusal of migrantworkers’rights. The present thesis identifies two situations which characterize the behavior of manyAfrican States since their accession to national and international sovereignty. On the one hand, AfricanStates played a role of subordination, with respect to the States of the North (from 1960 to 2006),through which they were satisfied with answering favorably to the migratory policies of WesternStates, without requiring any counterpart. On the other hand, this study shows a relative emancipationof certain African States since the conclusion of re-admission agreements. Those are States (Senegaland Mali) with older South-North migratory traditions, which require from now on counterparts beforethe signature of new conventions. The behavior of those States is also influenced by a national opinionmore sensitive to the migratory question and a well-educated diaspora strongly settled in the NorthenStates. Lastly, the survey puts forward contradictions of the West African Community orgazations onthe migratory issue. UEMOA and ECOWAS organizations taken out of wice between the promotingfreedom of movement and that of right of residence as well as establishment of people in migratoryspaces actually competing each other, and ensuring at the same time the role of external guard-bordersfor the European Union

M.A. (National Strategy) / Please refer to full text to view abstract

Picking up on current research about settler colonialism, this study uses a modified version of a model explaining modern-state formation to explain settler-colonial formation. Charles Tilly identified two simultaneous processes at work – war-making and state-making which produced modern states in Western Europe. Settler-colonial systems engage(d) in a particular type of war to produce their existence: total war. Hence, a modified version of total-war-making and settler-colonial-existence-making (production) occuring in the settler-colonial-creation phase is proposed. However, before this conceptual analytical framework could be developed, it was necessary to examine the meanings of terms such as 'nation' and ‘nation-state’ as well as concepts such as settler-colonialism and total war. The sample of relevant literature analyzed revealed inconsistencies in the meanings of the terms when applying W.H. Newton-Smith’s theory of meaning, suggesting the influence of what Edward Said identified as the workings of orientalism. This has conceptual implications on terms such as settler-colonialism and the meaning of the type of war it wages upon the indigenous nations. It also has implications on developing a conceptual analytical tool to understand the dynamics of the production of the settler-colonial existence. Thus, the terms and concepts needed to be de-orientalized before using them in the modified model which was then used to examine initially three settler-colonial cases: the United States, Australia and Apartheid South Africa. The modified analytical model was able to highlight particular dynamics relevant to settler-colonial systems and was then used – with the incremental and imbricate research done in the first three chapters – to examine the Zionist case. It illustrated that while the cases of the United States and Australia were able pass their creation phases, the Apartheid case could not and subsequently collapsed. The Zionist case seems to be still in its settler-colonial-creation phase. This has implications on current analysis concerning the Palestinian-Israeli conflict.

The relationship between South Africa and the United States was, historically, quite mutually profitable. The South African government regarded the United States as an ally in the world and sought continued friendship with them. The United States was mildly critical of the South African system of apartheid, but they, however, viewed South Africa as an ally. During the 1980's the relationship between the two countries became strained as the anti-apartheid voices in the United States grew louder and louder. The movement sought to end the atrocities of apartheid and change American foreign policy toward South Africa. The strongest diplomatic means available to them was imposing economic sanctions on South Africa in an attempt to force political change in the country. The anti-apartheid movement lobbied extensively gaining support among the American pub1ic and eventually the U.S. Congress. The sanctions campaign culminated in the enactment of the Comprehensive Anti-Apartheid Act (CAAA) of 1986. Prior to the enactment of the CAAA the South African government and its allies launched their own campaign in an attempt to combat the imposition of sanctions. Lobbying played a key role in the process for those on both sides of the issue. For the anti- apartheid movement, lobbying was effective on the American public and the U.S Congress. For the South African government lobbying was effective on the conservative right wing and President Reagan and his administration.