Magister Legum - LLM / This research analyzes Truth Justice and Reconciliation Mechanisms and Amnesties in the light of the Rome Statute to the International Criminal Court (ICC). The research looks strictly into the legal terms of the Rome Statute in order to see if their interpretation indicates that the Court is meant to ‘complement1’ such forms of justice mechanisms, especially when they are accompanied by amnesties. / South Africa

Magister Legum - LLM / The new Kenyan constitution has introduced an immediate monist approach of implementing international legal standards. Accordingly, the transformation from dual to monism will necessitate a discussion of theories of incorporation of international instruments into national laws. This will set the basis of what method Kenya should follow. This paper attempts to address potential procedural problems with implementing the Rome Statute in a new monist Kenya and will argue that as a precautionary measure during the country’s transition any deviation, by the court, from national law will require articulation and justification under an international framework. It will include a review of the Kenyan International Crimes Act 2003 (ICA) and its adoption into the domestic law of Kenya. It will also include examination of previous situations where domestic courts have applied international law standards in domestic trials before and after the monist Constitution of 2010. This paper aims at assessing the key challenges to the effective implementation of the Rome Statute in Kenya both objectively and substantively. It examines the challenges facing the Kenyan courts in relation to the exercise of universal jurisdiction and the criminalization of international crimes. It will seek to point out the weaknesses and conflict between the Kenyan constitution, The International Crimes Act and the Rome Statute. The ICA was silent on some aspects of the Rome Statute and the paper will attempt to discuss these issues and what they portend in the implementation of the Rome statute in monism. It will also discuss the effect of the new constitution on the practical operation of the Rome Statue. The operational capacity of institutions mandated with practical implementation of the Rome Statute will be examined. It will further seek to ascertain whether the laws and policies reflect Kenya’s commitment to international criminal justice. By way of conclusion, the paper will create a possible inventory of issues, which might arise in Kenya’s prosecution of International crimes under the Rome Statute, and suggestions on how such issues could best be addressed.

South Africa has a dualistic system of insolvency law, which means that individual and corporate insolvency is dealt with in separate statutes. The purpose of this study is to propose a framework for corporate insolvency law reform, with a view to introducing a single insolvency statute in South Africa. In determining the reasons for the separate development of individual and corporate insolvency in South Africa, research is conducted into the historical development of both individual and corporate insolvency law. Although corporate insolvency is supplemented by the substantive rules of individual insolvency, the existence of separate statutes regulating individual and corporate insolvency has resulted in the separate development, and resultant fragmentation, of South African insolvency law. In determining why some countries have been more successful than others in introducing a unified insolvency statute, a brief comparative study is undertaken in respect of the insolvency regimes that apply in England, Australia, Germany and the United States. Research is then conducted into the possibility of introducing a unified insolvency statute in South Africa. Having determined that the underlying problem of a dualistic system is the fragmentation of the regulatory statutes, the remainder of the thesis is devoted to making proposals for the introduction of a unified statute. In proposing a unified insolvency statute the following critical issues are addressed: the definition of "debtor" for the purposes of a unified statute; whether a unified statute should also address the liquidation of specialised institutions such as banks; liquidation applications; the commencement of liquidation; the vesting of the insolvent estate; whether ancillary matters such as alternatives to liquidation, insolvent deceased estates, business rescue provisions, compromises, personal liability provisions and cross-border insolvencies should be included in such a statute; and revised provisions in regard to voluntary liquidations by resolution. The conclusion that is reached, is that it is in fact possible to substantially unify all the provisions relating to individual and corporate insolvency law in South Africa into a single statute. This conclusion is reached by means of a draft Insolvency and Business Recovery Bill, and is included as part of the conclusion to the thesis. / Thesis (LLD)--University of Pretoria, 2004. / Mercantile Law / unrestricted

Private landowners refrain to open their land for recreational users in the fear of potential liability. This study covered the extent of liability, actual bodily injuries and property damages sustained by hunters and anglers in Mississippi. In order to aid for comparison, the study was divided in two sections. First it examined the risk and liability in fee access recreation through the review of court cases from 1904 to 2005. Second study explored the extent of actual bodily injuries and property damages sustained by hunters and anglers in Mississippi during 2002/03 to 2004/05 using telephone survey. It was found that landowners won 68% of the legal cases even though they charged fees for recreational access. The study revealed that 1% respondents of the total sample had accidents and only 16.8% respondents had the liability insurance coverage.

Magister Legum - LLM

O grande número de crianças acolhidas institucionalmente no Brasil contemporâneo é uma constante que incomoda a sociedade e pede uma solução urgente do Estado, seja do ponto de vista da assistência social, seja no âmbito da assistência jurídica. Analisar de que modo o direito está contribuindo para a mudança deste quadro é o objetivo do presente trabalho, que retorna às origens da adoção e caminha até o panorama atual das crianças e adolescentes aptos a serem adotados, passando pelo desejo daquelas pessoas que querem adotar, bem como pelos princípios balizadores do Estatuto da Criança e do Adolescente e pela teoria da proteção integral, adotada pelo ordenamento brasileiro, para buscar uma solução juridicamente possível. Neste contexto, busca-se saber se a adoção intutitu personae, a qual não tem previsão expressa no Estatuto da Criança e do Adolescente, ainda assim é viável, a partir das normas e princípios vigentes. Os novos conceitos trazidos pela Lei n. 12.010/2009, como família natural, família extensa e família substituta, bem como o Cadastro de Adotantes são pontos de estudo centrais para a conclusão da presente dissertação de mestrado. / The large number of children living in institutions in contemporary Brazil has been a constant that troubles society and requires an urgent solution from the State, whether from the social or legal assistance point of view. Analyzing how the Law is contributing to change this situation is the purpose of this paper. It returns to the origins of adoption and goes through the current overview of children and adolescents eligible to be adopted, as well as the desire of those people who want to adopt, passing through the guiding principles of the Estatuto da Criança e do Adolescente (Statute of the Child and Adolescent) and the full protection theory adopted by the Brazilian system to seek a legally possible solution. In this context, we try to find out if the intuitu personae adoption, which is not provided by the Estatuto da Criança e do Adolescente, is still feasible based on the rules and principles in force. The new concepts set forth by Law no. 12.010/2009, such as natural family, extended family and surrogate family, as well as the Register of Adopting Parents, are focal points of study for the conclusion of this Masters dissertation.

O grande número de crianças acolhidas institucionalmente no Brasil contemporâneo é uma constante que incomoda a sociedade e pede uma solução urgente do Estado, seja do ponto de vista da assistência social, seja no âmbito da assistência jurídica. Analisar de que modo o direito está contribuindo para a mudança deste quadro é o objetivo do presente trabalho, que retorna às origens da adoção e caminha até o panorama atual das crianças e adolescentes aptos a serem adotados, passando pelo desejo daquelas pessoas que querem adotar, bem como pelos princípios balizadores do Estatuto da Criança e do Adolescente e pela teoria da proteção integral, adotada pelo ordenamento brasileiro, para buscar uma solução juridicamente possível. Neste contexto, busca-se saber se a adoção intutitu personae, a qual não tem previsão expressa no Estatuto da Criança e do Adolescente, ainda assim é viável, a partir das normas e princípios vigentes. Os novos conceitos trazidos pela Lei n. 12.010/2009, como família natural, família extensa e família substituta, bem como o Cadastro de Adotantes são pontos de estudo centrais para a conclusão da presente dissertação de mestrado. / The large number of children living in institutions in contemporary Brazil has been a constant that troubles society and requires an urgent solution from the State, whether from the social or legal assistance point of view. Analyzing how the Law is contributing to change this situation is the purpose of this paper. It returns to the origins of adoption and goes through the current overview of children and adolescents eligible to be adopted, as well as the desire of those people who want to adopt, passing through the guiding principles of the Estatuto da Criança e do Adolescente (Statute of the Child and Adolescent) and the full protection theory adopted by the Brazilian system to seek a legally possible solution. In this context, we try to find out if the intuitu personae adoption, which is not provided by the Estatuto da Criança e do Adolescente, is still feasible based on the rules and principles in force. The new concepts set forth by Law no. 12.010/2009, such as natural family, extended family and surrogate family, as well as the Register of Adopting Parents, are focal points of study for the conclusion of this Masters dissertation.

"With the entry into force of the Rome Statute in July 2002 and the election of judges and prosecutors of the Court in 2003, there is need for states parties to the Rome Statute to enact laws to incorporate the crimes defined in the treaty. Currently, 92 states are parties to the treaty. The success of the ICC will depend not only on widespread ratification of the Rome Statute, but also on states parties' compliance with obligations under the treaty. For almost every state this will require some change in national law in accordance with existing laws and proceedings in a given legal system. The experience of most states parties to the treaty is that the Rome Statute will require some form of domestic implementing legislation, even if this is not the normal practice of the state. There is need for co-operation between the Court and state parties on the administration of justice. For the Court to function properly, the immunity of its personnel should be guaranteed and provisions in national constitutions that are incompatible with the Rome Statute should be amended to bring them in conformity with the provisions of the treaty. ... Thus far, South Africa is the only African country that has adopted an implementing legislation domesticating the Rome Statute. Other African countries such as Congo, DRC, Ghana, Nigeria and Senegal have draft bills. There is, therefore, the need for African countries that are state parties to the treaty to positiviely confront the above challnges while incorporating the provisions of the Rome Statute into national law. ... The first chapter is an introduciton. It sketches the background of the study and reviews the materials that will be used for the study. It focuses on several hypothesis and research questions that the study is set out to answer. It highlights the dearth of materials on the implementation of the Rome Statute in Africa. The second chapter analyses the ICC and the emerging international legal system. It discusses the complementarity principle of the Rome Statute and analysis the crimes under the jurisdiction of the Court. The effect of the bilateral immunity agreements signed by states parties to the Rome Statute with the United States of America is also highlighted. The third chapter deals with the ICC and indernational approaches to the implementation of the Rome Statute. This involves discussions on compatibility of the Rome Statute with national constitutions. Approaches adopted by states with regards to specific issues of implementation will also come into focus, followed by discussions on the amendment of constitutions and purposive interpretation as adopted by various states parties to the Rome Statute. The fourth chapter will discuss implications of the Rome Statute for domestic constitutions in Africa. The discussion will focus on immunity from prosecution granted to heads of state and government by constitutions, the surrender of persons to the ICC and sentencing of persons convicted by the Court with regards to their relationship in the implementation of the Rome Statute in Africa. The fifth chapter will be a comparative analysis of impelementation strategies adopted by South Africa, Nigeria and Democratic Republic of Congo (DRC). There will be an analysis of the relationship between the Rome Statute and African human right system. The last chapter is the conclusion with recommendations and arguments on the need for a comprehensive domestic implementation strategy of the Rome Statute in Africa." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / Prepared under the supervision of Professor Lovell Fernandez at the Faculty of Law, University of the Western Cape / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

An "in-basket" test (representative sample of work usually found in the incoming mail basket of a person in a specific desk job) was designed to be used under limitations imposed by Civil Service Statute 1269m concerning merit examinations for the position of police sergeant. This test was used in conjunction with the traditional cognitive skills. test and performance evaluations. Subjects were 20 white male police officers. Peer and supervisory evaluations and predictions of who would make the best sergeant were correlated with total scores on the three-part test. Results indicate that the in-basket test contributes a unique and viable dimension to the traditional merit examination, and aids in the selection of those considered most qualified. Use of the in-basket test under Code 1269m was subsequently approved by the Civil Service Commission.

THE INTERNATIONAL CRIMINAL COURT AND THE HEAD OF THE STATE IMMUNITY The thesis deals with the institute of immunities of the head of the state recognized under the international law and with its applicability before the International Criminal Court (hereinafter referred to as "ICC"). The aim of this thesis is to analyze the conflict between two international legal rules which is the obligation to prosecute and punish perpetrators of crimes under the international law, irrespective of the status of the offender, and the exclusion of heads of the state from the criminal jurisdiction because of the immunity that protects its bearer. According to the Rome Statute (hereinafter referred to as "Statute") which established the ICC its contractual party is obliged to surrender any accused person to the Court even if this person enjoys immunity. However another provision of the Statute says that the request for this surrender could be refused by the party if it broke an obligation which this party has against the state whose national is the accused person. The first chapter outlines the formation and the functioning of the Court. Subsequently, the work deals with theoretical terms such as the head of state, the individual responsibility or the immunity. It provides with the types of immunities a person could enjoy...