In Egypt, Sudan, and Ethiopia the connection to water is intertwined with culture and history. It cannot fully be captured by game theory based on the assumption of strategic action. Neither perceived threats to national security nor do fundamental value conflicts allow for ‘rational’ solution. Nor are market mechanisms adequate in explaining the behavior of actors around issues of water. The challenge in addressing a range of questions on transboundary river basins is one of a theoretical framework. To what extent are coherent explanatory models embedded in social theories helpful in evaluating the Nile case? The search for generalized rules has led to scholarship in which predictability, parsimony and simplicity is the measure of academically acceptable approaches and methodologies. In light of the complexity of the region where the Nile is located, narrow focus and false parsimony of theoretical concepts can oversimplify to the point of being misleading. There are a range of subjective meanings and values that water has in different societal contexts that are not amenable to the dominant international relations theories. This study utilizes a critical pluralist approach to assess existing IR theories in general and regime theory in particular. Critical pluralism can capture those aspects of culture; history and contexts attached to water that are not amenable to positivist social science and the dominant international relations theories.

Coups d'état have occurred around the world since time immemorial but have been more commonplace amongst African states. They have typically yielded bloodshed and instability and, they inevitably culminate in the gross violation of the most basic human rights. They also arguably constitute a perennial threat in the politics of African states and, they have been condemned in numerous instances. Such condemnation brings to the fore, questions as to international law's position on coups d'état. In light of International law placing a high premium on the doctrine of national sovereignty, it is tempting to conclude that coups d'état are beyond the scope of international law thus not being proscribed. This position is further strengthened by the absence of international treaties/conventions proscribing coups d'état. It can, however, be argued that the recognition given to the notion of democracy by some treaties/conventions such as the UDHR, CEDAW, and ICCPR, may amount to an implicit proscription of coups d'état under international law. There is also, a right to democracy, along with a proscription of coups d'état under customary international law as reflected by state practice. African states, being specially affected by the scourge of coups d'état, have played a leading role in the development of the customary international law proscription of coups d'état. Regardless of it being difficult for state responsibility to ensue, coups d'état constitute wrongful acts at international law.

This study assesses the French Community of Africa, commonly known as the CFA Franc zone. This is a monetary union comprising 14 African countries in West and Central Africa. The purpose of the study is to examine the manner in which this monetary union affects the development of these 14 African member states, with special reference to the membership of France in the union. For various reasons, including language, time and other resource constraints, and the prohibitive geographical distance, this study has had to rely heavily and exclusively on the review of literature on the subject matter, as opposed to other more popular research procedures. The key finding of this research is that the CFA Franc zone, from its inception, was never conceived as a union of equal partners. There are unmistakable features that point to the superiority of France in the union. For example, the union was proposed by France as a condition for the attainment of independence by these former colonies. They had to sign the colonial pact made up of economic, political and military arrangements, all of which give France the upper hand and huge advantages in the union. These include the fact that the African CFA Franc zone countries have to deposit 50 per cent of their foreign reserves into the French treasury; they have to peg their currencies to the Euro on a fixed exchange rate system; and they are not allowed to devalue their currencies as they see fit, because in the union agreement, this is the exclusive prerogative of France, which can itself devalue these currencies unilaterally. This study concludes that the CFA Franc zone is, indeed, a classical form of neo-colonialism. Thus, short of abandoning this union altogether, the study recommends a fundamental and momentous restructuring of the union to make it a win-win arrangement in which the union benefits both parties and facilitates the genuine socio-economic and political development of the CFA Franc zone countries.

Today it is accepted that states may not unilaterally attack each other using rifles, missiles, nuclear, or chemical weapons. But what about computer software such as worms and trojans which are capable of causing similar or greater damage? Are states permitted to attack each other using these so-called cyberweapons? Are they even considered weapons due to their differing form? This is the crux of what this dissertation is about. It aims to show that if states are prohibited from attacking each other with certain categories of weapons, they should not be permitted to attack each other with a different weapon which causes similar damage. I make three overarching arguments in this dissertation. The first is that cyberweapons should be considered ‘weapons' even though they differ in form and sophistication. Secondly, that the use of cyberattacks is a use of force and contravenes article 2(4) of the UN Charter. Finally, I will argue that extant international law is not able to maintain international peace and security and that a multilateral treaty is required.

This dissertation examines whether the introduction of a national minimum wage may contribute to social justice and economic growth in South Africa. After highlighting the socio-economic environment of both countries, the dissertation analyses the minimum wage from an international law perspective. Emphasis is put on the essential elements that minimum wage frameworks must address, namely: universal coverage of the minimum wage; the periodic adjustment of the minimum wage; interaction with collective bargaining; and compliance. These elements are also considered while reviewing and setting into context the current German minimum wage legislation. Subsequently, the National Minimum Wage Bill for South Africa is illustrated and comparatively assessed. It is discussed whether the essential elements and socio economic conditions are considered adequately in the Bill. Moreover, problematic provisions are identified and the need for certain amendments is argued. Conclusively, the dissertation takes an overall positive view on the Bill and promotes a simple minimum wage legislation embedded in a collective bargaining system and supported by multiple policies.

The aim of the thesis is to establish whether the EAM (Immediate Action), formulated to curb the Africa-EU irregular migration “crisis” complies with international law. The thesis commences by arguing that migration today is a bastion of state sovereignty though fettered to a very limited extent by human rights, international law and states’ inter-dependence. The thesis then discusses the right to asylum and the principle of non-refoulement under international law. This is followed by a discussion on the EU as “sui generis” supra national entity that champions human rights and the rule of law globally followed by a review of its “sui generis” immigration law and rules under which the EU and member states share competence. Fundamental terminologies in the migration discourse: Migrants, Irregular Migrants, Refugees and Asylum Seekers are defined. A critique of The Refugee Convention4 is done, revealing its parochial, Eurocentric, racist, sexist nature and incompatibility with recent human rights developments; factors that to a large extent make it archaic and divorced from the realities of today’s refugee dynamics yet the Convention is the centrepiece of international refugee protection today. The thesis then interrogates the Africa-EU irregular mass-migration; the push and pull factors as well as the general modus operandi are reviewed. The generally recognised routes; Western Mediterranean, Central Mediterranean and West African which facilitate the migration are assessed. Lastly, the thesis then analyses the compliance of the EAM (Immediate Action) with international law. Each of the Immediate Actions; 1) Saving Lives at Sea 2) Targeting Criminal Smuggling Networks 3) Relocation 4) Resettlement 5) Working in partnership with third countries 6) Using the EU's tools to help frontline are subjected to the relevant international law governing them to test their compliance with international law. Final conclusions of the thesis are then drawn.

This mini-dissertation asks whether international law permits the human settlement of Mars. The paper is inspired by the public goal of aerospace entrepreneur and futurist Elon Musk to transport human crew to Mars within 10 years. His company SpaceX, as well as other key players in the global aerospace industry, are rapidly developing the technological capacity and business case for the exploitation of off-world resources. Human settlement of Mars is no longer confined to the realm of science fiction. It raises questions of international law that, until very recently, were dismissed as fantastic. The Outer Space Treaty (1967) has found widespread acceptance; however Arts I and II dealing with rights to ‘use’ of space and banning ‘national appropriation’ are vague. The interpretation of these sections has proved controversial in light of proposals by private companies to exploit space resources by mining asteroids. This debate informs my reflections on whether human settlement of another planet might violate the Outer Space Treaty – but it is not quite the whole story. The opinions of leading space law experts on the question of human settlement of Mars opinions are frequently sought in the popular media, especially in the aftermath of any announcement of SpaceX or Elon Musk. However, the topic is yet to be dealt with in an in-depth academic setting. The paper will address: • Chapter II: Does the establishment and conduct of a human settlement fall within the freedom of activities anticipated in Article I Outer Space Treaty? • Chapter III: Does Article I oblige settlers to share the profits (if any) of their activities with Earth? • Chapter IV: Does the establishment of the settlement constitute an appropriation within the terms of Article II Outer Space Treaty? • Chapter V: Are settlers entitled to exclude others from the settlement?

In recent years, the People's Republic of China has been expanding its presence in Africa and developing enterprises across the African continent. China is now one of the largest investors and trading partner in Africa. The impact of this investment on labour standards, and the expectation of Chinese investors in this regard, is likely to be a concern for host countries. The purpose of this study is to consider whether China's approach to freedom of association and the right to collective bargaining is compatible with international labour standards, which have been ratified by most African countries. This is achieved by comparing the relevant laws in China, that regulate freedom of association and collective bargaining, against the international standards set by the International Labour Organisation's (ILO) Conventions and Recommendations. In particular, the provisions of the Freedom of Association Convention (No. 87) and the Collective Bargaining Convention (No .98), among others, together with the findings of the ILO Committee on Freedom of Association, are used to determine an international standards ‘comparator'. The Chinese Labour Law, Trade Union Law and Labour Contract Law are subsequently evaluated against this comparator in order to determine the extent of compliance of the Chinese labour system with international labour standards. The outcome of the comparison shows a broad degree of compliance with international standards relating to the formal recognition in law of the rights to freedom of association and collective bargaining as well as the identification of vulnerable classes of workers such as women, migrant workers and rural workers. However, two major discrepancies in the Chinese legal system were found: first, in relation to trade unions - the existence of one centralised representative organisation known as the All-China Federation of Trade Unions (ACFTU), with overarching authority, infringes the establishment, autonomy, independence and functioning of smaller grass-roots trade unions. Second, the right to strike was found to be suppressed in China. Ultimately, the Chinese formulation of the right to freedom of association and the exercise thereof is inherently different to the international standards. The right is conceptualised and practiced within the Chinese socialist market economy under the guidance of the Communist Party which is the supreme power in the democratic dictatorship. Therefore, the Chinese experience and understanding of the right to freedom of association and the right to strike may be fundamentally different to African states in terms of its content, ideological underpinning, exercise and enforcement. These findings demonstrate a need for African countries that host Chinese investment to proactively guard against the labour rights violations that may occur due to the differing domestic legal frameworks.

In a human-like form and programmed with artificial intelligence, sex robots are becoming increasingly prevalent, also as a result of the restrictions on social interactions caused by the COVID-19 pandemic. Because of their programming, sex robots offer both a physical and psychological dimension for users, thereby raising concerns not usually linked to sex toys. The purpose of this dissertation is to examine whether the international human rights instruments on women's human rights relates to concerns raised by sex robots. The focus is mainly on whether sex robots exacerbate harmful gender stereotypes or can be considered discriminatory against women. Furthermore, it is examined whether a State is obligated to respond to the manufacture, distribution and use of sex robots, even though these activities are carried out by private citizens and entities. By applying a dynamic and teleological approach combined with the Vienna Convention on the Law of Treaties' provisions on treaty interpretation, the relevant treaties, treaty body decisions and soft law are examined to determine whether sex robots are harmful to women and what obligations states have in that regard as a result of private actor activities. Sex robots in their current form portray women in a hypersexualised manner, both with appearance and behaviour. While it is not yet clear whether such portrayal will cause a surge in sexual violence against women, sex robots undoubtedly represent a stereotypical and degrading depiction of women, resulting in adverse effects on women's mental health. According to the Convention on the Elimination of All Forms of Discrimination Against Women and other key human rights treaties, member states have an obligation to modify harmful gender stereotypes and eliminate gender stereotyping and other discriminatory practices towards women. Thus, in relation to sex robots, member states must take appropriate measures, like introducing legislation or policies on sex robots' manufacture, distribution and use. Since restrictive legislation on the use of sex robots may interfere with other fundamental human rights - including the user's right to privacy and health - it is recommended that the measures introduced by states focus on the production of sex robots.

Includes bibliographical references. / The scientific community has shown that climate change is occurring and is caused mainly by human activities. This state of affairs has various societal and environmental implications which has demanded attention and raised concerns about the future of human life on earth. Increasing concerns about climate change has led the international community, regional bodies and national governments to adopt legal instruments and other mechanisms to address the phenomenon. In these efforts and measures mitigation and adaptation have been the prominent response strategies. However, adaptation to climate change has experienced much less attention than mitigation. This research provides a conceptual analysis of adaptation, and discusses some socio-economic and cultural implications of climate change in the Southern African Development Community (SADC), in order to show why adaptation is a better response to climate change. The research outlines and assesses the relevant developments in international, African and mainly SADC’s responses to climate change through adaptation in their legal and institutional frameworks. This includes related developments in Namibia and South Africa as SADC Member States. The study advocates for regional consensus to design a holistic policy framework and effective governance on adaptation to climate change in the SADC, as one of the world’s most vulnerable regions. As such, the study further examines the aspect of good governance and institutional frameworks as essentials for climate change adaptation in the SADC context. It concludes that it is necessary for SADC member states to cooperate in formulating an integrated and comprehensive protocol on adaptation.