Thesis. / Includes bibliographical references.

Thesis (M. Arch.)--University of Hong Kong, 1996. / Added title page title: Japanese cultural centre in Hong Kong. Includes special report study entitled: Semiotic meaning of Mezirushi in architecture. Includes bibliographical references. Also available in print.

No description available.

Cette thèse s’inscrit dans la problématique suivant laquelle la protection diplomatique des personnes morales est différente de la protection diplomatique des personnes physiques. Initialement pourtant, lors de l’élaboration de la protection diplomatique des individus à la fin du XVIIIe siècle, le corps de règles la constituant a été considéré applicable à la protection diplomatique des personnes morales. Cette analogie est aujourd’hui discutable et sa discussion constitue le fil directeur de la présente recherche. L’émergence de la personne privée en tant que sujet, au moins partiel, du droit international et la globalisation économique soulèvent de nombreuses questions et constituent de nouveaux axes de recherche en cette matière. En ce domaine, un renouvellement et une harmonisation semblent nécessaires. / This thesis defends the idea that diplomatic protection of juridical persons is different from diplomatic protection of individuals. At the end of 18th century nevertheless, rules of each of these protections were created as identical. These rules have not really changed. This analogy is nowadays questionable and is discussed in this research. Indeed, the evolution of private persons as subjects (at least partial) of international law and the economic globalization ask this question, and constitute new lines for the study of this matter. In this field, renewal and harmonization appear necessary.

A preliminary review of the literature on cultural or expatriate adjustment with regard to the spouses of diplomatic personnel, such as the military attaché, clearly indicated a gap in the existing knowledge scholars have of the adjustment experiences of spouses of expatriate managers. The aim of this study was exploring and describing one South African expatriate’s wife’s authentic experiences of expatriate adjustment to India. A modernist qualitative methodology with symbolic interactionism as theoretical framework and interpretivist constructivism as research paradigm was employed. The case study was used as qualitative research strategy and the life history was used as the qualitative research technique. Purposeful sampling was employed. Plummer’s (2001) critical humanism was included to reflect the flavour of the diversity of frameworks available to life history researchers. Data were obtained from solicited and unsolicited sources. This yielded a life history with rich descriptive data that were systematically analysed with the grounded theory technique proposed by Strauss and Corbin (1990, 1998). A conceptual framework was compiled and used to substantiate the finding by means of a literature review, the identification of the core category, and finally the development of a substantive theory called: a transitional theory of spousal expatriate adjustment. Guidelines proposed in the literature were followed to ensure the authenticity, trustworthiness and credibility of the study. The findings provided some understanding of how wives of military attaché’s experience the process of expatriate adjustment. Recommendations were made to improve current practice. The study also made a methodological contribution to the local study of Industrial and Organisational Psychology and in particular International Human Resources Management. Recommendations are made for future research. / Prof. Willem Schurink

LL.M. (International Law) / This thesis is based on the jurisprudence of the International Court of Justice viz a viz the South African law and practices as it relates to diplomatic protection of nationals or corporate entities who encounter problem with the law in a foreign country. How the concept of diplomatic protection has assisted individuals and corporate entities who wish to go to a foreign country for whatever reason to feel free and relaxed knowing that their lives and property are protected. The expose examines the rights of individuals to diplomatic protection in international law in comparison with the rights of nationals to request for diplomatic protection in South Africa. The questions posed are; what is the liability of the state to its nationals, what level of responsibility is to be exhibited by the state when providing diplomatic protection and do such nationals have a right to demand to be protected in international law and or municipal law. Chapter one will examine the growth and historical development of diplomatic protection and the position as it is today. Chapter two will deal with nationality issues, this is because to determine who will be the beneficiary of diplomatic protection nationality must first be determined. The issues to be discussed in this chapter are: acquisition of nationality, double or multiple nationalities, continuity of nationality, loss of nationality, nationality of a Corporation and its shareholders, stateless persons and refugees, and the right to diplomatic protection. In answering the question of state responsibility, chapter three will examine the local remedy rules. This is because local remedies will have to be exhausted before the state can intervene. Chapter four will examine the treatment of alien which include expulsion of alien, expropriation of foreign property, and consular protection. Various attempts have been made to define Diplomatic protection, but there has not been a generally accepted definition. Some of these definitions are highlighted below. A description is also provided below to help with the understanding and scope of diplomatic protection.

From especially the 1950's, campaigns had been launched by the Afro-Asian nations in the United Nations for the institution of mandatory sanctions against South Africa. In all the early campaigns, South Africa had rather enjoyed the support of the United States, although the latter had always verbally condemned the South African policy of apartheid. When Kennedy became United States president in January 1961, this fact was due to change. In August 1963, an arms embargo was instituted against South Africa by the Kennedy Administration in an attempt to bring the verbal condemnation of apartheid in line with active action. The arms embargo, although not mandatory, was the first concrete, practical step taken by the United States in its opposition to the apartheid policy of the South African Government. In 1977 the embargo was strengthened to become a mandatory one. The purpose of this study is to analyse the institution as well as the implementation of the arms embargo by the different United States Administrations up to 1977. By doing that, the observer can judge the relative commitment of the United States to the arms embargo from president to president, thus drawing a wide conclusion on the role that South Africa played in the foreign policy objectives of the United States in the years that the arms embargo was in effect. The Afro-Asian clearly had an impact on the formulation of this policy, and part of the purpose of this study is to establish just how big that impact was. In order to do this, a wide selection of archival material as well as newspaper reports, articles in journals, governmental publications and some secondary sources were researched. The outcome is the conclusion that although the different United States Administrations from Kennedy to Carter generally adhered to the arms embargo, the implementation there-of depended mainly on what role the embargo played in the foreign policy objectives of each of these Administrations. For some, like Nixon and Ford, the strategic importance of South Africa weighed heavier than gaining the favour of the African nations, in comparison with Kennedy and Johnson who followed a midway. They didn't want to loose the privileges that the United States had in South Africa, while at the same time they wanted to appease the African countries in the United Nations. In the case of Carter, the implementation of the arms embargo was directly based on gaining the favour of the African nations, resulting in the institution of a mandatory arms embargo in October 1977. A future study on the role of that embargo in the formulation of the United States foreign policy, will be conducted as continuation of this study. / Vanaf die 1950's veral, is uitgebreide veldtogte deur die Afro-Asiatiese Iande in die Verenigde Nasies vir die instelling van verpligte sanksies teen Suid Afrika gevoer. In al die vroeere veldtogte, het laasgenoemde voortdurend die ondersteuning van die Verenigde State van Amerika (VSA) geniet, alhoewel daardie land altyd die SuidAfrikaanse apartheidsbeleid mondeling veroordeel het. In Januarie 1961 het Kennedy die president van die VSA geword, en daarmee het die ondersteuning van Suid-Afrika stadig maar seker begin afneem. In Augustus 1963 het die Kennedy-administrasie 'n wapenverbod teen Suid-Afrika ingestel in 'n paging om die mondelinge veroordeling van apartheid in lyn te bring met aktiewe optrede. Die wapenverbod, alhoewel dit nie verpligtend was nie, was die eerste konkrete, praktiese stap wat deur die VSA in sy opposisie teen die apartheidsbeleid van die Suid-Afrikaanse regering geneem is. In 1977 is die verbod uitgebrei na 'n verpligte een. Die doel van hierdie studie is om die instelling sowel as die implementering van die wapenverbod deur die verskillende Amerikaanse Administrasies tot en met 1977, te analiseer. Deur dit te doen, kan die navorser die relatiewe verbintenis van die VSA tot die wapenverbod beoordeel en sodoende 'n wye gevolgtrekking maak oor die rol wat SuidAfrika gespeel het in die buitelandse beleidsdoelwitte van die VSA gedurende die jare wat die verbod ingestel was. Die Afro-Asiatiese nasies het beslis 'n impak gehad op die formulering van hierdie buitelandse beleid, en deel van die doelwit van hierdie studie is om te bepaal hoe groat daardie impak werklik was. Ten einde by h!_erdie gevolgtrekking te kon uitkom, is 'n wye verskeidenheid argivale materiaal sowel as koerantberigte, tydskrifartikels, regeringspublikasies en literatuur bestudeer. Die uitkoms van hierdie navorsing is die gevolgtrekking dat alhoewel die verskillende VSA regerings vanaf Kennedy tot Carter oor die algemeen die wapenverbod ondersteun het, die implementering daarvan hoofsaaklik afhanklik was van die rol wat die verbod in die buitelandse beleidsdoelwitte van elkeen van hierdie Administrasies gespeel het. Vir party, soos byvoorbeeld Nixon en Ford, het die strategiese waarde van Suid-Afrika vir die VSA swaarder geweeg as die guns van die Afrikalande, in vergelyking met Kennedy en Johnson wat 'n middeweg gevolg het. Hulle wou nie die voordele wat die VSA in SuidAfrika gehad het, verloor nie, maar terselfdertyd wou hulle ook die Afrikalande tevrede stel. In die geval van Carter, was die implementering van die wapenverbod direk gebaseer op die guns wat die VSA in die Afrikalande kon geniet. Dit het gelei tot die instelling van 'n verpligte wapenverbod teen Suid-Afrika in Oktober 1977. 'n Verdere studie oor die rol wat daardie verbod in die formulering van die Amerikaanse buitelandse beleid gespeel het, sal as 'n opvolg tot hierdie studie onderneem word. / Dissertation (MA)--University of Pretoria, 1998. / Historical and Heritage Studies / MA / Unrestricted

Diplomatic immunity is one of the oldest elements of foreign relations, dating back as far as Ancient Greece and Rome. Today, it is a principle that has been codified into the Vienna Convention on Diplomatic Relations regulating past customs and practices. Consuls and international organizations, although their privileges and immunities are similar to diplomatic personnel, do differ and are regulated by the Vienna Convention on Consular Relations and the United Nations International Immunities respectively. These Conventions have been influenced by past practices and by three theories during different era’s namely exterritoriality, personal representation and functional necessity. The Vienna Convention on Diplomatic Relations further provides certain immunities and privileges to different levels of diplomatic officials, their staff and families. Privileges and immunities will be considered under various main categories, namely the diplomatic mission, the diplomatic official, diplomatic staff, and families. Each category receives privileges and immunities, for example immunities enjoyed by the diplomatic mission include mission correspondence and bags. Diplomatic officials enjoy personal inviolability, immunity from jurisdiction and inviolability of diplomats’ residences and property. The staff and families of diplomatic officials too enjoy privileges and immunities. The problem of so many people receiving privileges and immunities is that there is a high likelihood of abuse. Abuses that arise are various crimes committed by diplomats, their staff and families. They are immune from local punishment and appear to be above the local law. Although the Vienna Convention on Diplomatic Relations provides remedies against diplomats, staff and families who abuse their position, it gives the impression that it is not enough. Various Acts in the United Kingdom, United States and the Republic of South Africa will be analysed in order to ascertain what governments have done to try and curb diplomatic abuses. Each will be considered and found that although they have restricted immunity from previous practices it still places the diplomats’ needs above its own citizens. Thus several suggestions have been put forward and argued whether they are successful in restricting immunity comprehensively. Such suggestions are amending the Vienna Convention on Diplomatic Relations; using the functional necessity theory to further limit immunity; forming bilateral treaties between States as a possible means to restrict or limit; and lastly establishing a Permanent International Diplomatic Criminal Court. The key question to be answered is whether diplomatic immunity is needed for the efficient functioning of foreign relations between States.

The aim of this thesis is to describe and analyse the inviolability of diplomatic mission premises, as it is one of the basic principles of diplomatic law. The thesis examines the contents of this term, deals with its historical development and contemplates the unsolved questions related to the inviolability of mission premises. It presents a range of cases of violation or abuse of the inviolability of mission premises in the past as well as at the present time and at the end it tries to find out to what extent the current regulation of this institution in international law corresponds to the actual state practice. The thesis is based on international law regulations, theoretical approaches and description of the past experience of individual countries.

Thesis advisor: Seth Jacobs / This dissertation examines the intersections of transnational anarchist terrorism, American foreign relations, and national security in the late nineteenth and early twentieth centuries. As such, the primary purpose is to examine how cultural concerns exert an influence over discussions of national security in the United States. In the face of an unprecedented wave of bombings and assassinations around the world, Americans made clear that anarchist terrorism was a dual menace. First, the actual threat of violence posed an external security problem that needed to be addressed. Government officials as well as private individuals debated the need to protect public officials, curtail press freedoms, punish anarchist crimes, and cooperate with other states to suppress anarchist violence. At the same time, however, many Americans expressed concern that by overreacting and making acceptable the passage of measures that would erode traditional values in the name of providing security, anarchist terrorism posed a second—greater—threat to American society. The failure to satisfactorily resolve those conflicting priorities, this dissertation argues, set the boundaries within which discussions over how to protect society from the threat of anarchist violence—both real and imagined—would take place. / Thesis (PhD) — Boston College, 2019. / Submitted to: Boston College. Graduate School of Arts and Sciences. / Discipline: History.