Thesis (J.C.L.)--Catholic University of America, 1987. / Includes bibliographical references (leaves 62-68).

Although developments in feudal law in the thirteenth century influenced the legal environment of Europe for centuries, much of past and current historical research of feudalism examines the social system anthropologically but neglects an in-depth analysis of feudal law codes. My research combines the social-anthropological approach with relevant customary codes to demonstrate the importance of feudal law to a thirteenth-century society plagued by war, economic and social instability, and competing powers of the monarchy, judiciary, and religion. The assessment of feudal law within each legal code highlights its prominence as an accepted category of jurisprudence. This thesis provides a new perspective on the influence of feudalism in the thirteenth century, demonstrating the significance of feudal law as a mode of maintaining peace and prolonging land tenure.

Magister Legum - LLM / The world is composed of people who come from different walks of life and they practice various traditions that are informed by their way of life. In South Africa we have a cultural practice of ukuthwala which is my main research topic. The aim of this topic is to research and find practical solutions that can be used to combat criminal matters surrounding the practice of ukuthwala. The kind of research methodology used is desk top research. The information contained in this research is mostly coming from researchers, articles, journals, online sources has been combined to compile this thesis. This research will empower and educate victims of ukuthwala about their rights and responsibilities and further prevent future occurrences of this nature. The prevalence of criminal activities surrounding this tradition of ukuthwala has created many more questions than answers due to the number of young girls’ who are victims of this practice especially in rural areas. There are no accurate statistics collected by the authorities since there are other cases of ukuthwala that are not reported.

In 1999, African States concluded an intra-Africa air services treaty, namely the Yamoussoukro Decision (YD) the purpose of which was to improve intra-Africa air services. The YD was intended to be the legal basis on which intra-Africa air services may be conducted, thus to replace existing bilateral air services agreements between the African States, unless such bilateral air services agreements supplement the YD. In the market access provisions of the YD, African States agreed to derogate from the requirement of ‘airline ownership and control’ as a market access provision for intra-Africa air services because it was regarded as an obstacle to the growth of intra-Africa air services. Airline ownership and control has been used by many States as a market access provision in bilateral air services agreements ( in civil aviation commonly known as BASAS when refering to more than one agreement and BASA when it is one agreement.) since the 1940’s. Its implementation did not only occur on the basis of the BASA but State practice as well. Thus it would not be an exaggeration to conclude that airline ownership and control attained the status of a rule of customary international law alternatively, by practice crystallising into a rule of customary international law. Despite the conclusion of the YD in 1999 and its entry into force in 2000 some African States never implemented the YD or continue to violate material provisions of the YD by insisting on airline ownership and control as a market access provision for intra-Africa air services. It is in this context that the principle of pacta sunt servanda may become relevant as a customary international law principle, as stipulated in article 26 of the Vienna Convention on the Law of Treaties (VCLT), African States as parties to the YD have a legal duty to implement the YD in good faith. The nature of obligations assumed by States under the YD are such that legal standing is limited to the parties to the dispute in case of breach of the YD. Expanding legal standing to all African States by inserting a special provision in the YD may resolve the problem of continuous breach of the YD by the African States. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Public Law / LLM / Unrestricted

In the context of a perceived globalisation of human rights, this thesis considers whether constitutional rights to equality and non-discrimination apply to polygynous customary marriages in Commonwealth Africa from a legislative perspective. In other words, I examine whether there is a correlation between constitutional protection of rights and legislation, sensitive to the human rights of women in polygynous customary marriages. It is shown that at a constitutional level, there is often a strong indication that human rights to equality and non-discrimination apply to customary laws, including customary institutions of marriage. This, however, often does not translate to a statutory level, resulting in marriage laws that largely side-line and ignore the possibility of polygyny in a customary marriage and the potential for human rights violations therein. I analyze the discursive mechanisms that facilitate the contradiction that arises when constitutional commitments to protect the rights of women in polygynous marriages are not met at a legislative level. I argue that practices of 'silence' and 'omission' are used to perpetuate the myth that monogamy is the default position of all marriages governed by statute. This effectively constructs polygynous marriages as an aberration to the norm, and further renders invisible the parties in polygynous customary marriages. In failing to provide statutory guidance for the complexities that may arise in polygynous marriages, I argue that women in polygynous marriages are discriminated against in comparison to women in monogamous relationships.

No description available.

European colonizers, who believed they had discovered the New World were unaware of the political, social, geographical and historical relationships of O:gweho:we who were already living in North America. One of the O:gweho:we nations that existed as a powerful force in North America was the Hodinohso:ni Confederacy, which already had its own governing customary laws provided to them by the Peacemaker. This thesis is intended to explain the traditional customary laws of the Hodinohso:ni in order to provide an analysis and comparison of Hodinohso:ni law with Eurocentric international law.

European colonizers, who believed they had discovered the New World were unaware of the political, social, geographical and historical relationships of O:gweho:we who were already living in North America. One of the O:gweho:we nations that existed as a powerful force in North America was the Hodinohso:ni Confederacy, which already had its own governing customary laws provided to them by the Peacemaker. This thesis is intended to explain the traditional customary laws of the Hodinohso:ni in order to provide an analysis and comparison of Hodinohso:ni law with Eurocentric international law.

Revised PhD. Thesis--University of Cambridge, 1996. / Description based on print version record. Includes bibliographical references and index.

Thesis (Ph. D.)--UCLA, 2009. / Vita. Description based on print version record. Includes bibliographical references (leaves 343-363).