Magister Legum - LLM

Magister Legum - LLM / The coming into force of the Rome Statute on the 1st July 2002 signified the birth of the International Criminal Court (ICC). The ICC came into existence as a permanent criminal court for the prosecution of Genocide, Crimes against Humanity, War Crimes and Crime of Aggression. There are 121 states-parties to the Rome Statute. This means there are many states that have not ratified the Rome Statute. The ICC would ordinarily not have jurisdiction over the nationals of these states if they committed offences within the jurisdiction of the ICC on the territories of the non-states parties. This paper intends to analyse whether the ICC has jurisdiction over nationals of non-state parties who commit crimes within the jurisdiction of the ICC on the territories of non-states parties to the Rome Statute. There are situations and cases that are before the ICC involving nationals of non-state parties that committed crimes on territories of non-states parties. These cases have come before the ICC by way of United Nations Security Council (UNSC) referrals. This paper will therefore examine the legality of UNSC referrals under international law in respect of nationals of non-states parties, who commit crimes within the jurisdiction of the ICC, on territories of non-states parties.

Magister Legum - LLM

The purpose of this study is to explore the possibility of multilateral diplomacy, as an instrument, to advance women's rights in the realm of international relations. Multilateral diplomacy has proven to be an effective instrument for managing order and change in the international arena quite effectively. The United Nations, as an international organisation, provides a style of diplomatic interaction that is available for public scrutiny. Sensitive issues, such as the advancement of the status of women, have been prioritised on the global agenda and could be subsequently incorporated into the policies of participating states. The diversity of role players attending an international conference is another positive feature of multilateral diplomacy. By virtue of it's nature, multilateral diplomacy is therefore an effective instrument for focussing globally on the issue of women's rights. The position of women in international political theory is dealt with by theorists from various perspectives. The feminist theorists ensure that social and political debates on the authority, legitimacy, democracy and universal human rights are considered from a woman's perspective. Where women are and where they should be are two questions that are equally important and crucial to dealing with the advancement of women's rights on the global agenda. Global issues, such as war, have had a shift in perspective from security-awareness to humanitarian-awareness. In its partnership with civil society, the United Nations as a diplomatic instrument, has become a voice for women internationally. The patriarchic system of apartheid in South Africa managed to entrench discrimination within its legislation based on both race and gender. A particular focus is the national machinery set up within South Africa to ensure that what was agreed on to at the international conferences makes a difference to the lives of women in South Africa. This paper intends to build on the existing body of knowledge currently available on the status of women in international relations theory. From a diplomatic perspective, it examines how the instrument of multilateral diplomacy has contributed to the advancement of women's rights. / Thesis (MDips)--University of Pretoria, 2003. / Political Sciences / unrestricted

The continuously increasing energy intensity internationally is recognised as one of the greatest dangers the human race is facing nowadays with regards to future climate change and its detrimental consequences. Improving the intensity of energy consumption is an important step towards decreasing greenhouse gas emissions originating from fossil fuel-based electricity generation and consumption. As a result of this, South Africa took the bold step in 2010 to commit itself to the Secretariat of the United Nations Framework Convention on Climate Change (UNFCCC) in taking all the necessary actions to decrease the country’s greenhouse gas emissions by 34% to below the “business-as-usual” scenario by 2020 (Republic of South Africa, 2010). In order to do so, the country has to substantially reduce its energy consumption. This should be done without affecting the economic output; however, major energy consumers might prefer to decrease their output in order to comply with the rules focusing on the reduction of energy use. In South Africa, harmful environmental effects are created mainly from the electricity consumption’s unprecedented rise. The bulk of the country’s greenhouse gas emissions (more than 60%) originate from the electricity generation sector which is heavily dependent on coal-fired power stations. The purpose of this study is to promote a benchmark-and-trade system to improve electricity efficiency in South Africa with the ultimate objective to improve the country’s greenhouse gas emissions. The uniqueness of this study is two-fold. On the one side, South African policy-makers have rarely discussed or proposed the implementation of a cap-and- trade system. On the other side, the same mechanism has never been proposed regarding electricity efficiency. In order to do so, it is first required to acquire an in-depth knowledge of the electricity consumption and efficiency of the South African economy in its entirety and on a sectoral level. The key findings of the empirical analysis are as follows: A decreasing effect of electricity prices to electricity consumption existed during the period 1980 to 2005, contrary to the increasing effect of total output to electricity consumption. Also, the results indicated that the higher the prices, the higher the price sensitivity of consumers to changes in prices (price elasticity) and vice versa. The relationship between electricity consumption and electricity prices differ among various sectors. The findings of the exercise point towards ambiguous results and even lack of behavioural response towards price changes in all but the industrial sector, where electricity consumption increased with price decreases. On the other side, economic output affected the electricity consumption of two sectors (industrial and commercial) presenting high and statistically significant coefficients. Based on a decomposition exercise, the change in production was the main factor that increased electricity consumption, while efficiency improvement was a driver in the decrease of electricity consumption. In the sectoral analysis, increases in production were part of the rising electricity usage for all the sectors with ‘iron and steel’, ‘transport’ and ‘non-ferrous metals’ being the main contributors to the effect. On the decreasing side of consumption, only five out of fourteen sectors were influenced by efficiency improvements. The country’s electricity intensity more than doubled from 1990 to 2007 and the country’s weighted growth of intensity was higher than the majority of the OECD countries by a considerable margin. Also, nine of the thirteen South African sectors were substantially more intensive than their OECD counterparts. Although the picture presented is rather dismal, there is scope for improvement. This study proposes a sectoral benchmark-and-trade system. This system aspires to steadily improve the participants’ efficiency performance by awarding the successful participants with monetary incentives through trading with the less successful ones. The benchmark is chosen to be subject to the average of OECD members for each sector. Depending on the sectors’ performance compared with the standard chosen, they will be awarded credits or allowances to sell if they do better than the benchmark. If they are worse-off, they will have to buy credits in the market created. The price per credit will be determined by the interaction of demand and supply in the market. The findings of a comparison with a carbon tax system show that the proposed system benefits the majority of the sectors and gives them better incentives to change their behaviour and production methods to more efficient ones. The system also fulfils the desired characteristics of a benchmark-and-trade system: certainty of environmental performance; business certainty; flexibility; administrative ease and transparency. / Thesis (PhD)--University of Pretoria, 2011. / Economics / unrestricted

The United Nations General Assembly adopted on the 20PthP of November 1989 the Convention on the Rights of the Child responding to the atrocities committed against the child, the deaths of children from armed conflict, and children suffering from diseases and hunger. Moreover, the UNGA adopted on May 25PthP, 2000 two Optional Protocols to the CRC relating to the involvement of children in armed conflict and to the sale of children, the use of the child for pornography and prostitution. The CRC, almost ratified by all states, contains a comprehensive list of Human Rights relating to children which should be respected, promoted, protected and fulfilled. The CRC guarantees children’s individual human rights strengthening the role of parents. The UNCRC defines in article 1 that a child is every human being below the age of 18 unless, in a particular state, the age of majority is achieved earlier and emphasizes on four general principles the best interest of the child, non-discrimination, the rights to life, survival and development and the right to participate. Furthermore, especially for children in armed conflict, the CRC sets up measures which all states parties must implement in order to protect them and the African Charter on the Rights and Welfare of the Child (ACRWC) also sets up some measures to protect them in armed conflict according to International Humanitarian Law and International Human Rights Law. Nevertheless, during armed conflict, it is almost impossible to respect all obligations set in IHL and IHRL. During the last twelve years, the Democratic Republic of Congo was a battlefield in which it has been estimated that 2 million children have been killed, more than 6 million have been injured during this armed conflict. For instance, they have suffered sexual violence, grave psychological trauma, malnutrition and diseases. All the six grave violations against children set by the UN Security Council in its resolution 1612 (killing or maiming of children, recruitment or use of child soldiers, rape and other forms of sexual violence against children, abduction of children, attacks against schools or hospitals, denial of humanitarian access to children) were committed during this period in the DRC. Therefore, the DRC is responsible for the violation of children’s rights set in the various legal instruments protecting children in period of armed conflict. Despite the responsibility of the state, armed groups or individuals are also recognized as criminally responsible of the violation of the rights of children within the Congolese jurisdiction only if the material elements are committed intentionally and with knowledge, according to article 30 of the International Criminal Court. However, the reparation of these violations may foresee restitution, compensation for damage suffered in the past, assurance against future breach of international obligations and an approach that of remedial justice and prevention because children represent our societies and their protection represents a right and a human security issue. / Dissertation (LLM)--University of Pretoria, 2013. / Centre for Human Rights / unrestricted

This thesis is engaged in characteristics of new antisemitism as a new phenomenon in international relations and examining presence of its attributes in past two UN conferences against rasism. The aim of the thesis is to prove presence of new antisemitism in field of institutionalised international relations.

The world population is increasing while the average age rises steadily. With this, the percentage with any kind of physical impairment is equally increasing (WHO, 2011). Today, a large part of our built environment is planned for people without disabilities. The inaccessible environment prevents people with disabilities to live independently and participate in society. This divides the population into two: the ones with a disability and the ones without one. The thesis is focused on accessibility for persons with various physical impairments in dwellings. Building legislation in Italy is limited to Milano and in Sweden the main focus has been Stockholm because of the similar population and accommodation. This master thesis aims at defining how two different countries, both part of the European Union, works with accessibility for disabled. To define and analyze the work at different political levels, laws and guidelines that is used to regulate accessibility for buildings have been investigated and to describe and analyze differences and similarities a comparative method has been used. A literature study and case study have been applied to answer the research questions, as well as for further understanding and comprehension. Both Sweden and Italy has ratified the UN Convention on the Rights of persons with disabilities, but the study has shown that there is work left before the buildings are fully accessible for all. Sweden has a clear legal framework and standards regarding accessibility in buildings, but yet many newly built dwellings do not meet the requirements or the process is ineffective concerning accessibility. Italy has not come as far as Sweden and their current building legislation is very strict, which causes problems for architects and the responsible for control of plans. Control of how well new built apartment houses function is poor and both countries have work to be done in the field; especially In Milano, Italy. When it comes to social support Italy is behind Sweden in available and free social support for disabled. In Italy it is depending on the family to help while in Sweden society take more responsibility. So the thesis shows that the countries have differences despite the same legal framework from the UN and the EU. They can learn from each other and together build a more accessible environment.

Building peace and preventing the emergence of new and existing conflicts is one of the fundamental objectives of the United Nations, seen as deep down as in the charter of the organization. As the United Nations has existed for some time their peacebuilding framework has changed on several occasions, with the most recent change taking place in 2016. This paper is concerned with how this new United Nations approach to peace from 2016 has changed the way in which the United Nations understands peacebuilding. As this paper is focused on peacebuilding, this study applies the theoretical lenses of Liberal peace theory, critical peacebuilding and Scandinavian peace theory to critically examine the current United Nations approach as well as the previous approach to peacebuilding. The use of the ‘What’s the problem represented to be?’ approach allows for the identification of how the peace frameworks of the United Nations problematizes peacebuilding, the underlying assumptions as well as the effects. From this, it is determined that the new/current United Nations approach to peacebuilding has not significantly changed. Both frameworks are characterized by state-centricity with a focus on the necessity of liberal-democratic values being in place in order for sustainable peace to be achieved. The findings did show that the new approach emphasizes more interaction with local actors in the peace process however this emphasis was underpinned with a focus on peace through the state and not through the local.

During the last decade reports of international personnel perpetrating acts of sexual exploitation and abuse against the very population in which they are mandated to protect are a disturbing outcome of some peace operations provided by the United Nations. Sexual exploitation and abuse have been a problem since the first peacekeeping operations in the beginning of 1990’s, however it was not until 2004 when the media reported disturbing acts of sexual abuse of children by French peacekeepers that the whole worlds eyes turned to these claims. This thesis will deal with a sensitive and relevant topic, sexual exploitation and abuse by United Nations peacekeepers. The purpose of this research is to understand and explain why United Nations peacekeepers are involved in the horrors which they seek to address.