"This paper deals with the prosecution of a crime of crimes, genocide, at international and national levels. The international community has shown interest in penalizing perpetrators of gross human rights violations since the Nuremberg trial, and then the adoption of the 1948 UN Genocide Convention. After these times, significant numbers of international tribunals, although at an ad hoc level, have been established to punish gross violations of human rights including the crime of genocide. Along with these tribunals, quite a number of national courts have engaged in the prosecution of genocide. Nevertheless, due to legal and practical problems, the two legal systems are adopting different approaches to handle the matter, although the crime is one and the same. Therefore, the objective of this paper is to assess critically where the difference lies, the cause and impact of the disparity on the rights of the accused to fair trial. Moreover, the study will posit some recommendations that might assist to ameliorate this intermittent situation." -- Synopsis. "This work consists of five chapters. Chapter one is addressing the general introduction of the work, and it has already been discussed. Chapter two deals with the crime of genocide and its criminal responsibility as indicated under different national and international laws. The third chapter is devoted to focus on the right to fair trial and the prosecution of genocide, and specifically addresses the issues of the right to legal assistance, speedy trial, obtain and examine evidence, and sentencing. In chapter four the role of the Rome Statue in protecting the rights of the accused, its impact on on national laws, the complementarities of the International Criminal Court and national courts will be discussed. Finally, the work will come to an end by giving concluding remarks and recommendations under the fifth chapter." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Makerere University, Kampala / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Why do interest groups participate in state courts of last resort by filing amicus curiae briefs? Are they influential when they do? This dissertation examines these questions using an original survey of organized interests that routinely participate in state supreme courts, as well as data on all amicus curiae briefs and majority opinions in over 14,000 cases decided in all fifty-two state supreme courts for a four year period. I argue that interest groups turn to state judiciaries to achieve the dual goals of influencing policy and organizational maintenance, as amicus briefs can help organized interests achieve both outcomes. Furthermore, I contend that amicus briefs are influential in shaping judicial policy-making through the provision of legally persuasive arguments. The results suggest that interest groups do file amicus briefs to both lobby for their preferred policies and to support their organization's long-term viability. Additionally, the results indicate that organized interests also participate in counteractive lobbying in state courts of last resort by filing amicus briefs to ensure their side is represented and to dull the effect of oppositional amici. The findings also demonstrate support for the influence of amicus briefs on judicial policy-making on state high courts, as amicus briefs can influence the ideological direction of the court's majority opinions. Overall, this research extends our understanding of interest group lobbing in the judiciary and in state policy venues, and provides insight into judicial politics and policy-making on state courts of last resort.

No description available.

In 1847 the Mormon pioneers arrived in the Salt Lake valley, bringing with them their own court system, which was to be their main resource for litigation for the next two years. The Church courts which were set up after 1847 proved insufficient, and in 1849 a need was felt for civil courts which could be used in the litigation with Gentile emigrants that were passing through the valley. To solve this problem, the State of Deseret was formed on March 12, 1849, giving the valley a civil authority. This was to last less than two years, for on September 9, 1850, Congress created out of the State of Deseret the Territory of Utah.

No description available.

Diary in lieu of thesis (M.P.A. - Public Administration) -- University of Arizona.

The purpose of this study is to access the viability of traditional African courts in a future legal dispensation in South Africa. The research method used is a study of literature, court decisions and relevant statutes. The development of indigenous courts in South Africa is broadly outlined. As an analogy to the South African court system, the courts of Lesotho, Swaziland and Botswana are used to illustrate the dual systems of courts. Rapid urbanisation is discussed to illustrate that despite the increasing urbanisation, traditional values remain inherent to South African Blacks. The salient features of indigenous courts are analysed to facilitate the development of reform measures that have to be implemented so that the courts can meet the challenge of the future. / Constitutional, International & Indigenous Law / LL.M.

Text in Afrikaans / In enige arbeidsverhouding bly dit wenslik dat partye hulle onderlinge verpligtinge vrywilliglik sal nakom. Soms is dit nie moontlik vanwee die onderlinge wantroue tussen partye nie en daarom is di t belangrik om te let op wyses van afdwinging van nywerheidsraadooreenkomste, versoeningsraadooreenkomste en vasstellings en bevele van die Nywerheidshof. Nywerheidsrade en versoeningsrade is die instrumente wat daar gestel is sodat partye onderling kan beding om geskille te voorkom en ooreenkomste van onderlinge belang te beding. Daar is sekere regsgevolge verbonde aan die publikasie van sodanige ooreenkomste en as sodanig word dit as h vorm van ondergeskikte wetgewing beskou. Wat die afdwinging van sodanige ooreenkomste betref speel die strafsanksie h belangrike rol. Ooreenkomste word egter nie noodwendig gepubliseer nie en soms is die strafsanksie ook nie altyd die aangewese een nie. In sodanige gevalle sal daar na siviele sanksies gekyk moet word vir die afdwinging van sodanige ooreenkomste. Daarbenewens maak die Wet ook voorsiening dat sodanige ooreenkomste as h onbillike arbeidspraktyk ~n die Nywerheidshof afgedwing kan word. Die strafsanksie en die siviele sanksie het egter hulle tekortkominge en dus moet dear gekyk word na alternatiewe wyses vir die afdwinging van ooreenkomste. / Constitutional, International & Indigenous Law / LL.M

This study seeks to flesh out a theory of national application of the European Convention on Human Rights (ECHR). It does so by seeking to provide an answer to the research question, ‘what is the proper role of the domestic courts in the application of the European Convention?’ By relying upon the examples of French, German, and UK law, the study argues that it is not true in descriptive terms, nor desirable in normative terms, that the domestic courts take an approach to the ECHR based upon friction and assertion of sovereignty. This study argues instead that domestic application of the ECHR is built on the attainment of certain aims. These aims are inferred, in the main, from the domestic courts’ jurisprudence, such as it relates to four central ECHR doctrines, and they are: the doctrines of evolutionary interpretation; proportionality; the margin of appreciation; and autonomous concepts. On the basis of an analysis of this jurisprudence, the four aims are identified as being, first, honouring the principle of pacta sunt servanda; secondly, the safeguarding of human rights based upon the insight that human rights are a paramount good to be pursued; thirdly, the aim of positive, as opposed to negative, rights diversity; and, fourthly, the aim that conclusions reached on the domestic level of one state must be capable of being universalized. The approach of the domestic courts to the application of the ECHR can be explained on the basis of the domestic courts’ wish to attain these four aims. The proper role played by the domestic courts, the study argues, is one in which they are willing to give a lead to Strasbourg as well as to be led, in both, to use the wording of the Preamble of the ECHR, ‘the maintenance’ and in the ‘further realisation’ of the Convention rights.

No description available.