This thesis set out to understand the continued retention and delay in the return of ancient indigenous human remains by museums through an overall examination of the status of ancient indigenous human remains in international law. This thesis focuses on the status of indigenous human remains from a legal perspective critiquing property, cultural property, cultural heritage, intellectual property, Traditional Knowledge (TK) and a human rights approach. This thesis argues that there are three potential explanations for the delay or non-return evident in disputes. This thesis has offered up three possible solutions in a response to the explanations. The explanations are, (i) Ancient indigenous human remains are viewed as property by museums therefore they see themselves as the owners however indigenous peoples see themselves as custodians of their ancestors' human remains; (ii) There is a lack of a clear legal status in international law in relation to ancient indigenous human remains due to their sui generis nature; (iii) Furthermore there is a lack of human rights sensitisation in relation to claims for the return of ancient indigenous human remains. The solutions are, (i) Drawing on Honoré's theory and the metaphor of the bundle of sticks this thesis substitutes the traditional bundle of sticks in the property bundle for an indigenous perspective of the sticks which illuminates the true value of ancient indigenous human remains to indigenous peoples; (ii) After an analysis of the fragmented nature of international law in this area a useful jurisprudential and instrument Toolkit emerges; (iii) Adopting a human rights based approach recognises the necessary implementation of repatriation mechanisms. The approach sensitises the associated claims which run parallel with claims for ancient indigenous human remains. Furthermore a human rights based approach recognises that the cultural property and intellectual property terms in the United Nations Declaration on the Rights of Indigenous Peoples can be interpreted with reference to the indigenous context of the Declaration.

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This study investigates the relationship between goal attainment and intention to remain in a franchise system. Using a theoretical framework built on content theories of motivation, process theories of motivation, Social Exchange Theory and entrepreneurial motivation theory, the study proposes that franchisees' goals attainment would associate positively with their intention to remain in a franchise system. To investigate the hypotheses, a positivist approach is chosen as the philosophical foundation of this study, and all methodological aspects related with this approach are employed in this study. A total of 204 franchisee entrepreneurs in Malaysia were surveyed and completed self- administered questionnaires. Basic statistical analysis suggests franchisees are satisfied with their goals attainments and all goals have a positive relationship with entrepreneurs' intention to remain in a franchise system. However, further analysis shows that Intrinsic Rewards goals are not significant and only Perceived Autonomy, Family Concern and Economic Gain goals associate positively with franchisees' intention to remain in the business. In general, part of the theories of motivation, Social Exchange Theory and entrepreneurial motivation theories are useful in understanding the relationship between goal attainment and intention to remain in a franchise system. While people are motivated by their own personal goals in becoming franchisees, it is clear that the dominant reason to stay in the business associates with a desire to achieve independence, the necessity to cater for family needs and the economic and financial obligations. Further, the results also indicate that autonomy is the key motivator for people to become franchisee entrepreneurs and remain as franchisees. Moreover, based on the conceptual framework and empirical evidence, a new theory, 'Entrepreneur's Goal Attainment Theory' is proposed. Finally, the achievements, contributions, implications and limitations of the study are reviewed and some suggestions for future research are presented.

A dissertation submitted to the Faculty of Science, University of the Witwatersrand, Johannesburg, in fulfilment of the requirements for the degree of Master of Science. / The ‘Makapan Mummy’ (A1081), the Makapan Child and human and animal remains with desiccated tissue attached indicate that the environment inside Historic Cave was dry enough to cause mummification. Environmental studies conducted in 1992 and 2011 suggest that dry air in the well-ventilated cave preserved the soft tissue and mummified the corpse. The aim of this study is to examine desiccated tissue sampled from the ‘Makapan Mummy’ (A1081) and from the human remains excavated at Historic Cave using scanning electron microscopy (SEM), energy-dispersive spectroscopy (EDS) and light microscopy. The morphological features of the naturally desiccated tissue from Historic Cave were recorded and described using the microscopic analyses and were then compared to normal and mummified human tissue. Mummified tissue is hard and dry and often embedded with dust and debris. In its hard and dry state, mummified tissue needs to be prepared differently to normal human tissue. In this study, various methods used to clean, rehydrate and stain the desiccated tissue were investigated and compared. Through this comparative analysis it was possible to determine the most suitable method for examining desiccated tissue from Historic Cave. In the SEM analysis, epidermal keratinocytes and vellus hairs were observed on the surface of the skin tissue. Histological analyses demonstrated the exclusive preservation of collagen fibres in the muscle tissue, the connective tissue and the skin tissue. This suggests that the collagen fibres play an integral part in preserving the structure of desiccated tissue that is devoid of cellular elements. The results are consistent with the histology of desiccated tissue remains from the Republic of Korea, Egypt and the Americas.

Master of Science - Archaeology / The identification and analysis of seeds (including fruits and nuts) from second millennium AD deposits at Sibudu Cave, KwaZulu-Natal, constitute the first in-depth archaeobotanical study of seeds in South Africa. The study highlights problems in the reconstruction of past vegetation and climatic variables from seed data. The Sibudu seed assemblage produced no evidence to suggest vegetation change in the Sibudu area during the last 1000 years. Either it is not possible to identify short-term fluctuations in indigenous vegetation from seed data, or the evidence of vegetation change has been masked by the influence of the perennial Tongati River, depositional history, differential preservation and recovery, and identification difficulties. Actualistic studies of seeds on the cave floor, the first of such studies in South Africa, indicated a range of non-human agents of seed accumulation and post-depositional redistribution. Definitive statements about people/plant relationships are problematic because of the number of agents of seed accumulation.

Skeletal remains provide an exceptional opportunity to document the biological adaptations that a population undergoes in response to environmental, political and economic changes (Perry, 2007). For over 35 years, bioarchaeological analyses have documented such changes indigenous Ecuadorians. In 2007, Victoria Dominguez excavated remains at the Plaza San Marcos in Quito, Ecuador. I analyzed these remains, documented evidence of pathologic conditions and trauma, and compared this native population to other indigenous populations and to European cohorts. My analyses revealed increased violence and pathologic conditions in the Plaza San Marcos population when compared to populations occupying Quito prior to colonization and during Spanish control. Indigenous remains also exhibited more pathologic conditions and trauma than European remains. Historic accounts of life in Quito describe increased violence and hardships for natives following emancipation from Spain. My analyses did not reveal increased interpersonal violence, but did demonstrate evidence of increased general pathologies following independence. / by Ronda R. Graves. / Thesis M.A.)--Florida Atlantic University, 2009. / Includes bibliography. / Electronic reproduction. Boca Raton, Fla., 2009. Mode of access: World Wide Web.

Cusirisna Cave was discovered in the 1870s by Dr. Earl Flint, an explorer for the Harvard Peabody Musuem. The human remains and artifacts found in the cave were collected and sent to the museum, where they have remained since, unanalyzed. In December 2011, Dr. Clifford T. Brown and I analyzed the osteological material and artifacts because we thought they might be related to the Preclassic cave complexes of neighboring Honduras, an idea originally suggested by Dr. James Brady. I analyzed the human remains while Dr. Brown studied the artifacts. This thesis presents the results of the analyses and compare the findings to other mortuary complexes in Mesoamerica. Despite the paucity of material culture, information regarding context, and the small sample size, I propose Cusirisna as a place of exceptional ritual importance. This project adds to our understanding of cave bioarchaeology, mortuary practices in Mesoamerica, and the prehistory of Nicaragua. / by Kendra L. Philmon. / Thesis (M.A.)--Florida Atlantic University, 2012. / Includes bibliography. / Mode of access: World Wide Web. / System requirements: Adobe Reader.

Thesis (M.S.)--Boston University / PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis or dissertation. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you. / 2031-01-01

Made available in DSpace on 2016-04-26T20:26:15Z (GMT). No. of bitstreams: 1 Marcia Caceres Dias Yokoyama.pdf: 787524 bytes, checksum: e05abda79ee5e37b0856957f755a777d (MD5) Previous issue date: 2007-11-07 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / The modern Criminal Lawsuit has the remarkable characteristic of looking at the imputed person as someone who has rights, to privilege the biggest principle of the human being, conquered gradually. To start from the comprehension of the basis of the right to the silence, campared to the guided principle of the Democratic State of Right, emanates the logical of the doctrinal, the Legislator and the applicator of right to get together in order to give an exact application to the institute and its correspondings. The interrogation of an accused in a penal lawsuit, chance for him to be heard by the authority to present his version of the facts and to exercise his right of self-defense, since the old times, has changed a lot in its penal lawsuit system according to the ideological-social-cultural mentality of the historical moment. But the evolution of Science and Philosophy made new methods of investigation to come out. The accused started to be seen not as an evidence object but as someone who had rights. The right to remain silent started to be accepted as assurance of privacy and mainly as deduction of the principle against the self-incrimination. The study of principles which honor the right of being silent and its reflexes, and also of the investigation, makes evident the need of a discussion around the subject. It happens through the right of information, the supposed innocence, the contradiction, the wide defense, the prohibition of illicit evidences. The right to remain silent extends to all inquired person at the moment of his prision and in another case, by public officers, and also in the police investigation phase, in the instruction of the penal lawsuit and of parliamentary and administrative procedures, even when he is the witness or concerning to self-incriminative facts. So, it works in every moment that the inquired individual finds himself in front of answers which can harm him. It s a subjective public right that prevents disadvantageous interpretations against the one who is remaining silent. For its full exercise, it is necessary the information of this right to the titular and its extension as an exercise of free and aware will. The right of not being obliged to prove against himself permits to the accused not to help in producing evidences, translation of the right to preserve the privacy and inertness and specially the imputed person s spontaneous acts. And this work treats all this complexity in a unpretentious way / O moderno direito processual penal tem a destacada característica de avistar o imputado como sujeito de direitos a privilegiar o princípio maior da dignidade da pessoa humana, conquistado paulatinamente. A partir da compreensão do fundamento da garantia do direito ao silêncio, em cotejo com os princípios norteadores do Estado Democrático de Direito, emana a lógica da consonância do doutrinador, legislador e operador do direito de unirem-se para dar uma exata aplicação ao instituto com suas vertentes. O interrogatório do acusado no processo penal, oportunidade em que será ouvido pela autoridade para apresentar sua versão dos fatos e exercer seu direito de autodefesa, desde os tempos remotos, sofreu grandes alterações na sistemática processual de acordo com a mentalidade ideológico-social-cultural do momento histórico. Mas a evolução da ciência fez surgir novos métodos de investigação. O acusado passou a ser visto não como objeto da prova, mas como sujeito de direitos. O direito de silenciar passou a ser aceito como garantia da intimidade e, principalmente, como corolário do princípio contra a autoincriminação. O estudo dos princípios que prestigiam o direito ao silêncio e seus reflexos, bem como do interrogatório, evidencia a necessidade de debater o tema. Realiza-se através do direito à informação, da presunção de inocência, do contraditório, da ampla defesa, da proibição de provas ilícitas. O direito ao silêncio estende-se a toda pessoa questionada no momento da sua prisão e fora desta, por agentes públicos, bem assim na fase investigativa policial, na instrução do processo penal e dos procedimentos parlamentares e administrativos, mesmo quando estiver na qualidade de testemunha quanto a fatos auto-incriminatórios. Cabe em todo momento em que o indivíduo perquirido vê-se diante de respostas que possam prejudicá-lo. Trata-se de direito público subjetivo impeditivo da interpretação desfavorável contra aquele que silencia. Para seu pleno exercício, faz-se necessária a informação tanto deste direito ao titular como da amplitude de seu alcance como exercício da vontade livre e consciente, para que possa ser exercido plenamente. O direito de não ser obrigado a fazer prova contra si permite ao imputado não colaborar na produção da prova, tradução do exercício do direito de preservação da intimidade e inércia e, sobretudo, do agir espontâneo do imputado. É essa a complexidade tratada no presente trabalho