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The central thesis around which several arguments develop and revolve in this work is that time has come for members of the legal profession in Botswana, Lesotho and Swaziland - countries with shared historical, cultural, legal and socioeconomic values - to join other forces in assessing both their structures and functions with a view to readjusting them to suit the new demands of society, namely that even under those new conditions, legal services must not only be available but must be competently delivered to the public. To be responsive to the needs of society, lawyers must be trained in such a way that they are able to appreciate the importance of social goals and contribute to the full satisfaction of those goals with competence and efficiency. In advancing the above thesis three methods are employed. Firstly, is to establish the present and future needs of the society and how these needs can be met in terms of the necessary requirements of law, lawyers and the entire legal process to satisfy those needs. Secondly, to establish the extent to which those needs have and are being met and to explain the reasons for the limitation in their success. Thirdly, to advance the theory that legal education has a task in transforming society by equipping students with highly developed skills needed to bring about people-centred development. The object of the thesis is, therefore, to develop and explore through empirical research new avenues of development-oriented legal education by analysing the sources and magnitude of the problem of legal education; by examining the social context in which law, lawyers and the entire legal process operate; by exploring all factors, legal and non-legal, which limit law, lawyers and legal institutions, including legal education in their role to meet the needs of society and by developing a skills-oriented legal education which would produce lawyers much needed for development within the context of Botswana, Lesotho and Swaziland. To that end the work is divided into ten chapters discussing, amongst others, the objectives and methodology employed in the research; the concept of development and the limitations of lawyers in that development process as evidenced by the socio-political economy of the BOLESWA countries; the legal needs and the utilisation of lawyers to meet those needs in Swaziland; and the extent to which the past and present law programmes adequately prepare lawyers to satisfy social needs. It ends by providing a few suggestions. However, central to the entire discussion is the development of a fresh model in legal education that emphasises skills development as the most appropriate for development-oriented lawyers needed today in the BOLESWA countries. In one's research in legal education, one is struck by lack of sufficient work in this area. Yet legal education is at a crossroad of its development in the BOLESWA countries where crisis of law and development occupy central themes in scholarly debates currently taking place. If significant changes are to be effected, the arguments on skills development presented in this thesis remain critically important for future debates, policy formation and implementation on the subject in the BOLESWA countries and Southern Africa generally.

This thesis investigates the development of democracy as a principle of international law, primarily from the view of human rights law, with the purpose of developing a basis for an international law of democracy. It begins with the proposition that the international legal argument prevents current international human rights law, and a future international law of democracy, from being effective for the individual, for whom the law is supposed to benefit. Under the present arrangement human values do not have a great impact upon the law as individuals are excluded from the law making process which remains an affair exclusive to states and governments. Furthering democracy as a legal principle will assist in making the law more effective as individuals are able to participate In the decisions impacting their lives. At the global level the development of democracy as a legal idea has remained primarily as rhetoric expressed in a number of diverse texts covering a wide range of international activity. The nature of democracy as an contestedtopic is demonstrated at the global level as the lack of agreement on its meaning and application have prevented the creation of substantive legal principles. At the regional level in Europe, the Americas and to a lesser degree Africa, existent intergovernmental organisations with a concern for human rights have made great strides in developing an international law of democracy for their specific region. Efforts in support of democracy globally and regionally are transforming international law in way that is more responsive to the needs and desires of individuals. Numerous obstacles hinder this progress but the large amount of rhetoric expressed in support of democracy and human rights provide individuals with the tools necessary to ensure the law does not remain only rhetoric.

This thesis seeks to balance trade and environmental concerns in international law. It studies a number of multilateral environmental and trade agreements to observe the extent to which environmental and trade treaty regimes have made allowances for each other's interests, and whether allowed such interests to be disregarded or overridden in practice. Serious questions remain, however, about the compatibility between overlapping environmental and trade rules in the absence of a clear authority relationship or means of securing unity in the international legal order as a whole. The international legal system does not possess well-developed hierarchies; thus, none of the agreements inherently takes precedence in the event of a conflict. Consequently, the aim should be to achieve a better harmonization of the two regimes through available mechanisms. The multilateral trade agreements have made allowances and included exceptions with regard to the protection of environmental concerns. However, the precise way in which trade institutions balance environmental considerations by comparison with trade considerations is likely to prove critically important for the protection of the environment. It is for this reason that this thesis analyses the current balance between trade and environmental considerations in the international legal order, and proposes ways for improving its coherence.

Children are regarded as holders of specific rights and special privileges, and yet more and more children continue to be abused in one form or the another. One of the worst forms of abuse is the willingness of adults today to use children on the numerous frontlines of the world. This aim of this thesis is to develop an argument against the practice of child recruitment and participation and for the practice of non-recruitment and hence non-participation in any form of all children under 18 in armed conflicts. Chapter One introduces the problem, it reflects on the impact and effect of armed conflict on Children, Chapters Two and Three present the moral arguments and the legal basis for extending protection to children from this form of abuse. Chapters Four and Five considers the issues of recruitment and subsequent treatment on capture for these child soldiers. Chapter Six is a case study of Uganda. This case study attempts to answer questions that might help in reaching out realistically to help children in this situation. Chapter Seven emphasises on the right to rehabilitation. Chapter Eight analyses the response of the international Community to the problem of Child Soldiers and Chapter Nine in the form of concluding remarks summaries the conclusions of this thesis, that it is possible to stop this practice but we need a stronger and united political stand for this purpose. It presses for the adoption and enforcement of a Optional Protocol to the Convention on the Rights of the Child which will establish a flat ban on all forms of participation by all children under 18.

This research establishes a new patent remedy (injunction) system against future infringements in such a way as to discourage trolling behaviours of non-practising entities (NPEs) without chilling inventors’ incentives to innovate. For this research target, this thesis reviewed the general characteristics of NPEs in the current and past patent system, the current patent remedy laws in different countries (the US, UK and Germany), the patent holdups caused by NPEs’ patent enforcement against manufacturers, and various solutions which have been proposed so far. In doing so, it addresses important findings that the major cause of NPE problems stems from the inherent uncertainty nature of patent, that the courts’ discretion of whether to grant or deny an injunction needs to be clearly defined, and that the new injunction system should skilfully balance the short-term as well as the long-term transaction costs which are caused by NPEs’ patent enforcements. Considering these findings, this thesis proposes a new injunction model, alias a ‘three-tiered remedy system.’ Unlike the present two-tiered system, it divides the remedies into three different types: (1) granting an unqualified injunction against wilful infringers; (2) granting a suspended injunction against innocent infringers; and (3) denying injunctions in exceptional circumstances. The most differentiated feature of this model is to award a suspended injunction as a default remedy in order to mitigate the patent holdup arising from the uncertainty problem of patent. Since the suspension period is determined in proportion to the required time for designing around the infringed patent, this new model can provide a very useful solution to mitigate the harmful effect of NPEs’ patent enforcement without jeopardizing the integrity of exclusive right of patent at the same time.

This thesis examines the system of intellectual property (IP) protection in contemporary China. The IP system has undergone a series of dramatic reforms in recent years, particularly as a result of China's accession to the World Trade Organisation. From December 2001, China is now committed to comply with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). However, despite implementing TRIPS provisions into domestic legislation, infringements are still prevalent and criticism of the IP system continues. Therefore, this study aims to analyse China's compliance with the TRIPS Agreement in more detail using theories of compliance originating in international law and international relations, in order to understand this gap between implementation and compliance. Specifically, this study applies a comprehensive model of compliance previously applied to international environmental accords. This model incorporates consideration of the international IP environment and the TRIPS Agreement itself, as well as China-specific factors affecting TRIPS compliance. The model was tested using a combination of qualitative techniques, including an initial bilingual questionnaire, detailed follow-up interviews and analysis of a wide range of primary documents such as WTO papers, laws and regulations and case reports. Respondents participating in the study included legal and business professionals, both international and Chinese, with experience of the IP system in China. The qualitative data was coded and analysed using NVivo software and a model of TRIPS compliance in China created. The study concludes that previous studies of compliance with international obligations have been too narrow in scope and that a more inclusive approach to relevant factors is necessary. In terms of policy implications, this thesis will also suggest that external pressure alone will not achieve long-term changes in the IP system and that more cooperative initiatives are necessary in order to increase China's capacity, as well as intention, to fully comply with the TRIPS Agreement.

The International Covenant on Economic, Social and Cultural Rights entered currently has 118 States Parties and has been in force for 17 years. Over the past five years, the implementation of the Covenant has come under the supervision of the Committee on Economic, Social and Cultural Rights. Unlike its predecessort, the Sessional W orking Group, the Committee has taken its supervisory role seriously such that it has begun to develop both the substance of the Covenant and the implementation procedures. This study, based principally upon the work of the Committee on Economic, Social and Cultural Rights, discusses a number of aspects in which the substance of the Covenant and its supervision procedures may be seen to have been developed. Chapter 1 traces the roots of economic, social and cultural rights and outlines their codification in the Universal Declaration of Human Rights, and later the Covenant, following the end of the Second World War. Significant aspects of the drafting process are analysed in detail. Chapter 2 discussest he nature and scope of the State obligations under the Covenant as regards the implementation of the rights. Particular emphasis is given to the terms of article 2(1) and how they have been interpreted in the work of the Committee. Chapter 3 analyses, primarily from a theoretical standpoint, the manner and degree to which the terms of the Covenant may be given "direct effect", or in other words, relied upon directly in domestic courts. Chapters 4 to 8 address particular articles within the Covenant and considers the interpretation given to them by the Committee. Chapter 4 deals with article 2(2) (and to a lesser extent article 3) concerning non-discrimination; Chapter 5 deals with article 6 concerning the right to work; Chapter 6 deals with article 7 regarding the right to just and favourable conditions of work; Chapter 7 deals with article 8 concerning rights related to trade unions; and Chapter 8 deals with article 11 concerning the right to an adequate standard of living and, in particular, the rights to food and housing. In each case, an attempt is made to evaluate the Committee's approach to each article and assess the possibilities for future development. Chapter 9 addresses the emergence, role and working methods, of the Committee as a human rights supervisory body. Particular consideration is also given to the problems encountered and the Committee's future prospects. Chapter 10, as the concluding chapter, draws together the observations made in earlier chapters and attempts to make an evaluation of the present and future utility of the Covenant as a mechanism for the promotion and protection of economic, social and cultural rights.

This thesis addresses the issue of rules of origin and their impact on trade flows. Four objectives are sought: i) to provide further evidence on the impact on trade of product-specific preferential rules of origin; ii) to develop a restrictiveness index based on empirical findings; iii) to open the path for the impact of the rules of origin on particular sectors other than textiles; and iv) to contribute with further evidence on regime-wide provisions. Literature on rules of origin is reviewed in Chapter 2. While theoretical literature establishes certain conditions under which rules of origin can increase welfare, empirical literature is unanimous about the negative effects they have on trade flows. Two main aspects stem from the review of the empirical literature. First, empirical literature on rules of origin remains still very limited in scope. Second, in order to proxy the stringency of the rules, traditional literature relies on restrictiveness indices based on an ex-ante observation rule. This rule depends on the authors’ appreciation, which can potentially be incorrect. Chapter 3 provides a broad explanation about the different type of product specific and regime-wide rules of origin. The framework to assess the impact of specific rules and regime-wide provisions on trade flows is developed in Chapter 4. The analysis is conducted using a gravity model of disaggregated panel data for four reporting countries and 16 FTA partners, controlling for reporter and partner fixed effects. In order to account for different ways of modeling specific rules of origin, four different methods are confronted. Data sources and explanations are also provided in this Chapter. Each of the methods is estimated for total trade flows, exports and imports, as a way to improve the validity of the estimates. The results, along some issues regarding the proper form of the specification are presented in Chapter 5. The results prove significant for every specification and suggest that regional value content type of rules, as well as self-certification procedures promote trade within the FTAs. Using the estimates from the previous chapter, an ex-post restrictiveness index is constructed in Chapter 6. This index is subsequently used to assess the stringency of the rules of origin by sector and by agreement stringency levels. One of the main differences of this index with past indices is the relatively high level of leniency it assigns to regional value content rules. The validity of the ex-post index is checked by estimating the impact of rules of origin on North-South trade as well as on agricultural, industrial and textile imports, finding support on the results. After analyzing the state of play of rules of origin in today’s world, policy recommendations are provided in Chapter 7. There is a practical unanimity on the need to reform the rules of origin as they currently stand. The possibility to choose across-the-board between a regional value content rule and current rules, coupled with self-certification procedures appears to address the concerns of researchers, industry and policy makers.

Vertical restraints are arrangements concluded between undertakings operating at different levels of the manufacturing or distribution chain which restrict the conditions under which goods are purchased or sold. This work examines the antitrust treatment of these restraints in Europe and the United States of America.