published_or_final_version / Public Administration / Master / Master of Public Administration

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In this thesis I explore the implications of the extension of 'spousal' status to samesex couples from the perspective of queer people who experience intersectional or complex oppression. This study is grounded in a rejection of the necessity or efficacy of attempting to understanding the oppressions facing queer people from only one perspective. I reject the notion that such a simplistic approach to understanding oppression is conceptually honest. Put simply, I argue that what is often characterised as a purely 'gay and lesbian' approach to reform—namely, the consideration of only oppression related to 'sexual orientation' or 'heterosexism'—is in reality the prioritisation of the limited perspective of those who only experience systemic disadvantage related to their race. These people are a small minority of queer people. Unlike many other academics and activists, I do not conclude with a 'yes' or 'no' response to the question of whether same-sex spousal status should be sought. The analysis presented in this thesis does not permit such a final conclusion for three reasons. First, I argue that the implications of the extension of spousal status vary depending on the institutional context; in other words, the extension of spousal status is very different in the context of social assistance law as compared to the provision of employment-related benefits. Secondly, I argue that the extension of spousal status also varies among queer people; for example, the implications of the extension of spousal status to poor queers are vastly different from those who are wealthy. Thirdly, I argue that the decision to support the extension of spousal status to same-sex couples is inherently political; this decision cannot be immunised from political challenge on the basis that it is derived from some allegedly objective legal or socio-scientific calculus. Although I have endeavoured adopt a inter-disciplinary approach, this thesis does focus on legal rights discourse. To my mind, this focus is appropriate given the emphasis on 'rights talk' and the assumed benefits of formal equality within the community of academics and activists working on queer issues. In various parts of this thesis, I focus on the approaches of activists, academics, judges and legislators to the issue of the rights of queer people and the nature of equality. Ultimately, I conclude that until we begin to appreciate the complexity of the oppressions facing queer people, and avoid the false prioritisation of a 'purely gay and lesbian oppression' perspective, we will be unable to work in coalition or to effect progressive social change.

In advanced industrial economies where, increasingly, intellectual assets are the principal source of value, productivity, and growth, strong intellectual property rights (IPRs)—conferred by patents, copyrights, and penalties for misappropriation of trade secrets—are an important inducement to invention and investment. For this reason, the extension and strengthening of IPRs in the United States and elsewhere in the past twenty-five years were appropriate and probably necessary. It may be that in some respects those processes should proceed further. On the other hand, there is growing friction over the assertion and exercise of some IPRs, particular patents, and claims that in some circumstances they may be discouraging research, its communication, and use. The question arises whether in some respects the strengthening and extension have proceeded too far. It is well known that the use of, reliance upon, and effects of patent protections vary across industries and technologies, but until recently there has been remarkably little empirical research documenting these differences. Fortunately, this is beginning to change, and the effects of some of the policy changes in the 1980s and 1990s are beginning to be investigated. Some evidence suggests that the effort to strengthen patent rights has indeed increased their importance and may have contributed to the growth of industrial R&D funding. On the other hand, recent survey evidence indicates that U.S. manufacturing firms in most industries rely more heavily on trade secrecy, lead time, and other technological protections to recoup their R&D investments than they do on legal mechanisms such as patents. This thesis examines the effects that a stronger, broader patent regime is having on today's industries. The main issues that emerge are those of patent quality and scope, as caused by problems with patent administration and litigation. Various solutions to these problems are then investigated, and recommendations made for future reform.

Prisoners rights has become an issue of ever increasing visibility since the middle of the last century. Concern for the rights of those incarcerated within our prisons has intensified with the rise of civil liberties in both Canada and England. Both countries have introduced measures which purport to guarantee fundamental rights and freedoms to their citizens, measures which it would be reasonable to assume, would further the advance of prisoners rights. And yet, progress remains decidedly sluggish. This thesis traces the evolution of rights philosophy, then considers the parallel developments of prisoners rights, penal philosophy and civil liberties and seeks to explain why the potential for advancement has not been fully realized. Prisoners are incarcerated having been found guilty of the most grave of criminal offences and as a consequence, it is perhaps a basic instinct which determines that retribution, and only retribution is warranted in such circumstances. In the age of human rights however, there is the wider picture to consider. This is an age where compassion, mercy and benevolence are to triumph over barbarism, destruction and senseless harm. The conflict between these competing perspectives cannot be dealt with merely by enacting legislation which compels the judiciary to consider claims in a different light, and can only be resolved through a revolution beginning with definitive stance in judicial treatment of prisoner right claims which embraces the philosophy of international human rights provisions. In order to be effective, this must be assisted by bringing about changes within the prison system itself which empower the prisoner and seek to eliminate the feelings of embitterment and resentment which commonly prevail amongst prisoners. The introduction of such measures will only be acceptable if society itself recognizes that imprisonment is transitory and that those who we incarcerate within the walls of our prison, will soon be among us.

My thesis is that Indigenous peoples, as distinct people, are entitled to the full affirmation and explicit recognition of the right to self-determination in the context of the draft U N Declaration on the Rights of Indigenous Peoples and in international law generally. The international community, and in particular, the nation-state members of the United Nations must uphold their legally binding international obligations in this regard. My methodology has been to utilize the human rights framework and approach, as well as rights discourse to advance this thesis. In addition, I am relying upon my direct participation in this important standard setting process, as well as the writings of various publicists. The right of peoples to self-determination is considered by numerous international authorities to be jus cogens or a peremptory norm. Similarly, the prohibition of racial discrimination is considered by numerous authorities to be a peremptory norm. Throughout the draft Declaration debate, a number of states have proposed wording that would dramatically alter the scope and content of the right to selfdetermination, thereby limiting, qualifying or modifying this right in the context of indigenous peoples. Any state proposals to qualify, limit or modify the right of indigenous peoples to self-determination would be racially discriminatory. If Article 3 of the draft Declaration were to be altered - even to include the same or similar notions as might currently exist under international law - it would invite interpretations to be applied to indigenous peoples' right to self-determination that are different from those of other peoples. It might also have the effect of wrongfully freezing the interpretation of this indigenous human right, in such a manner as to prevent or otherwise stifle its natural evolution under international law. If there is no equality of application of the rule of law in the context of international law and states succeed in introducing discriminatory double standards in connection to indigenous peoples and their fundamental right to self-determination, then the failure of the human rights framework, the United Nations system and nation-states themselves will seriously erode the very concepts of democracy, human rights and the rule of law.

In an era of globalisation, often described as the era of mobility and of the decline of the relevance of territory, the Roma and the Travellers embody a transnational and non-territorial society. Yet this minority group experiences deplorable living conditions and the survival of its culture is endangered. A study of minority protection mechanisms in international law reveals that the grasp of territory and "sedentarism" has far from disappeared from this branch of law. Territory (or the absence thereof) and movement are the main challenges faced by international law in the development of solutions to the situation of the Roma and the Travellers. In light of the failure of current minority protection regimes, the quest for recognition of a "Roma nation" appears to be an avenue worth exploring. However, while the Roma may not fall clearly within the parameters of minority protection, they do not fall clearly within the concept of nation either. When examining the potential of such recognition, one realizes that it is necessary to redefine the right of self-determination in the context of minority protection and in a transnational and non-territorial perspective.

Paid domestic work is the most important occupation for urban Mozambican women after self-employment. Domestic workers perform the reproductive and productive functions necessary to keep households running and the economy growing. Despite the importance of this sector, it is characterised by low wages, long hours, rigorous schedules, and vulnerability to abuse. In 2008, Mozambique’s National Assembly passed Decree 40/2008, extending labour protections to domestic workers. There is significant debate however about whether labour protection can transform working conditions in such an intimate sector. Domestic work takes place in isolation, behind the closed doors and high walls of private homes; it consists of intimate tasks, adding a personalness to the employment relationship; and working conditions are negotiated one-on-one with employers. Drawing on historical research, primary observations and semi-structured interviews with key informants and domestic workers in Maputo’s central city, this study discusses the opportunities and limitations of legislating worker justice in an intimate profession. It explores how the institutional and regulatory framework both enables and prevents improvements in working conditions; how domestic workers leverage these institutions to advance their interests; and the informal strategies and tactics they use concurrently. The study suggests that Decree 40/2008 has had limited direct impact on working conditions. Its ambiguous language, poor dissemination, and weak regulatory structure, combined with the precarious nature of Maputo’s labour market and entrenched power relations between workers and employers, mean that domestic workers exhibit high levels of accommodation or patience, preferring to wait for conditions to improve or better options to surface, than to make outright demands from employers. However, this study also suggests Decree 40/2008 has galvanised domestic worker organising, creating a focus of mobilisation and advocacy with the potential to profoundly affect working conditions in this sector. In the context of a fractured labour movement however, domestic worker organising has become a battleground for autonomy, power, and resources. It is still too early to know whether domestic workers will ultimately benefit. / Thesis (M.Dev.Studies)-University of KwaZulu-Natal, Durban, 2012.

No abstract available / Thesis (M.A.)-University of Natal, Durban, 1976.

The relationship between patent and competition is rather complex. Whereas both sets of rules contribute to the same objective, i.e. consumer welfare and economic growth, their means collide. Patent laws create and protect monopolies while competition laws seek to limit their influence or even oppose their occurrence. However, since technological development is a financially risky process, it needs to be secured through a strong rewarding monopoly. Neo-classical theory has been so far the cornerstone of competition law. It is driven by a view of the market where price equilibrium and market atomicity constitute the main elements of allocative efficiency. But it promotes a rather static view of the market which neglects the fundamental aspects of technology-driven markets in the modern economy. Therefore we need to curb the role of the mainstream economic postulates by taking into account adequate theories in order to reflect modern innovation and technological diffusion onto the markets.