Univ., Diss. u.d.T.: Tortell, Lisa Ann: The monetary remedy for breach of constitutional rights in the United States, India, New Zealand, and the United Kingdom--Oxford, 2002.

Thesis (Ph. D.)--University of Pennsylvania, 1937. / Bibliography: p. 153-159.

Thesis (M.L.I.)--University of Wisconsin--Madison. / Typescript. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

Thesis (M.A.)--Carleton University, 1999. / Also available in electronic format on the Internet.

Thesis (LL. M.)--McGill University, 1999. / Includes bibliographical references (leaves 110-123).

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.

Philosophiae Doctor - PhD / Judicial remedies are, amongst others, a vehicle through which respect, protection, promotion and fulfilment of human rights can be delivered to those who need them. A remedy is the perspective from which litigants judge either the success or failure of judicial decisions. Judicial remedies make the rights whole, they complete the justiciability of human rights because without them human rights remain statements of legal rhetoric. The nature of the remedies that the courts grant is not only based on the normative nature of the rights they seek to enforce. They are also influenced by factors such as the goals and objectives of judicial remedies as defined, amongst others, by the ethos of either corrective or distributive forms of justice. This thesis explored these factors and their impact on judicial remedies. Stress is put on the impact of the separation of powers doctrine, institutional competence concerns and on the forms of justice pursued by courts. The study is based on the judicial enforcement of the socio-economic rights protected in the South African 1996 Constitution. The research undertaken here was intended to guide scholars, legal practitioners and judicial officers who confront socio-economic rights issues as part of their daily work. / South Africa

The central objective of this interdisciplinary thesis is to articulate a theoretical, doctrinal and political justification for the reintroduction of corporate charter revocation as a remedy to enhance the accountability of corporations in modern society. Corporations were originally conceived of as public institutions granted charters to carry out specific activities in the interests of society. Where a corporation acted outside of its charter, the corporation's charter could be revoked. Over the past 150 years, corporate lawyers have silently amended corporate laws to provide corporations with rights, powers and privileges that exceed those of individuals. Internal institutional regulation through corporate charters has been replaced by external oversight through administrative regulatory mechanisms. Where incorporation was once considered a privilege, today it is a right. Despite these developments, this thesis argues that theory and doctrine still support the paramountcy of the public over the private, and the legal remedies of corporate charter revocation. The thesis contains six chapters including introduction and conclusion. Chapter one introduces the legal principle of corporate charter revocation and demonstrates why such a remedy is necessary in the context of modern corporate law. Chapter two considers the four accepted theories of the corporate structure and asserts that a revised "neo-concessionist" approach continues to inform our understanding of the corporation/state relationship. Chapter three reinforces this theoretical analysis through an historical and doctrinal account of the prerogative remedies of scire facias and quo warranto and the development of statutory charter revocation provisions. Chapter four focuses on the place of the state, specifically the Attorney General, in initiating revocation proceedings and some of the political barriers to reinstating the remedy. Through the exploration of these barriers and consideration of several recent American case studies, an effort is made to develop a strategy for the successful implementation of corporate charter revocation. The paper concludes with some thoughts about various outstanding barriers to the successful utilization of the remedy, the nature and application of corporate charter revocation generally, and calls for a continuation of a broader debate about the place of the corporation in modern society. / Law, Peter A. Allard School of / Graduate

Thesis (M. A. (Clinical Psychology)) -- University of Limpopo, 2015 / Culture affects the way people conceptualise and make meaning in their daily experiences, and in turn influence their decisions to seek solutions to their predicaments. Therefore the definition, causes and treatment of illnesses appear to be perceived in a socio-cultural context. A qualitative study was conducted among the indigenous healers of Moletjie (Capricorn District), Limpopo Province, (South Africa) to explore the treatment of mental illness. Indigenous healers were selected using the purposive sampling after the African Religion/ Culture & Health Forum was consulted and the names of indigenous healers who are members were obtained. 5 males and 5 females were interviewed. Data were collected using semi-structured interviews and analyzed using the content analysis method. The following psychological themes emerged from the study: indigenous healers’ notions of mental illness; perceived causes of mental illness; the process of assessment using the divination bones (ditaola); general treatment practices; treatment approaches to psychotic patients; continuous assessment during the treatment process; constant observation of patients during the treatment process; and, treatment procedures that are executed on discharge of the patient. The findings revealed that there are multiple causalities of mental illness and were accounted for by African traditional beliefs. The study revealed that 90% of the indigenous healers admit patients in their homestead during the healing process but the duration differs. The results further revealed that there are two major treatment modalities employed: namely, the use of herbs and ritual performance. The findings emphasize that treatment of mental illness is mainly determined by the perceived causes which emanate from cultural ideologies.

In this research the dissolution of the universal partnership is viewed through multiple lenses from ancient Roman law to modern insolvency and customary law. As the universal partnership is constantly developing, adapting and finding application in our law, the main inquiry of this research is concerned with the consequences that exist upon the dissolution of the universal partnership. The impact of the legislative departure from the common law upon the dissolution of the universal partnership due to insolvency is explored as the first inquiry. The second inquiry is focused on the application of the dissolution of the universal partnership as an interchangeable legal remedy in order to do justice between parties, by providing contractual remedies to the litigating parties. Foreign jurisdictions such as Botswana, Namibia and Zimbabwe have used the effects of dissolution of the universal partnership in various cases from putative marriages to customary law cases in order to do justice between the parties, although the parties never expressly created a universal partnership. The courts of Botswana and Zimbabwe have applied the consequences of dissolution in a reformative and liberal manner, without being side-tracked by legislative departures and debates, especially in customary law cases. In the leading Namibian equality jurisprudence, the universal partnership has also been employed in order to do justice between litigating parties. The main inquiry is thus concerned with the effects of the dissolution of the universal partnership. The inquiry is thus two-fold, focusing firstly on the departure from the common law as created by the Insolvency Act and secondly on the remedial judicial application of the consequences of its dissolution by foreign courts. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Private Law / LLM / Unrestricted