Magister Philosophiae - MPhil (Law)http://hdl.handle.net/11394/31182024-03-19T10:54:04Z2024-03-19T10:54:04ZJustifications for the use of force under contemporary international law - the Nato air strikes in Kosovovon Kurnatowski, Berithttp://hdl.handle.net/11394/102212023-06-14T00:04:56Z2000-01-01T00:00:00ZJustifications for the use of force under contemporary international law - the Nato air strikes in Kosovo
von Kurnatowski, Berit
The history of the territory known for the better part of the 20th century as Yugoslavia is a history of trying to amalgamate what nature seems determined to fragment - to "balkanise." Modern Yugoslavia arose after World War I from the ashes of millennia empire. Neither empire ever exerted full control over the various ethnic and national groups in the Balkans: during the Middle Ages both Serbia and Bulgaria dominated large portions of the Balkan land mass; Croatians, Albanians and Bosnians all had relatively short-lived states. After World War I, the Allies created the Kingdom of the Serbs, Croats and Slovenes, uniting all of the Serb population of the area in a single state. Yugoslavia was one of the most concrete manifestations of President Woodrow Wilson's vision of bringing ' democracy and self-determination to Europe. Tito's C_ommunist state, which evolved after World War II in 1944, was built as a federatiqn with six republics: Bosnia-Herzegovina, Croatia, Macedonia, Montenegro, Serbia and Slovenia. The internal borders (which remained until the country's breakup in 1991) did not attempt to consolidate populations along ethnic lines; indeed, it ap'peared that Tito (a Croat) intentionally sought to limit the Serb's clout by the way he drew the administrative divis;ons. Thus the borders of Serbia did not embrace all areas with large Serb populations; Bosnia, Croatia and Kosovo contain large Serb enclaves·. At least in theory, most of the Slavs who lived in the first two Yugoslav states - the I
original one created in 1918, and the communist one born in 1944 - had freely opted to join "the land of the Slavs". But not the Kosovo-Albanians, who are not Slavs, do I not spea~ a Slavic language, and are mostly Muslim by religion. Yet in 1914 Kosovo nevertheless became part of Yugoslavia by virtue of the fact, that during the Balkan vyars of 1912, ~erbia had re-conquered this territory which, for more than 500 years, had been part of the Ottoman empire.
Magister Legum - LLM
2000-01-01T00:00:00ZThe use of groundwater as an option for the realization of the right of access to basic water and sanitation in South AfricaMgawuli, Zuko Aubreyhttp://hdl.handle.net/11394/102022023-08-25T00:19:16Z2004-01-01T00:00:00ZThe use of groundwater as an option for the realization of the right of access to basic water and sanitation in South Africa
Mgawuli, Zuko Aubrey
The most contentious issue in the present South African Constitution is the realization of the rights entrenched
therein. These rights are contentious because they are justifiable in their nature, subject to judicial processes and
courts have in many cases interpreted them to impose positive and negative duties against the state. Positive duty
means that it is the state responsibility to ensure that at least something is done (positively) in the realization thereo1
and negative duty means that the state must refrain from obstructing the functioning of the right. It is often argued
against the realization of the rights that the state has limited resources to put rights in reality because for the rights
to be realized they require pumping in of resources. In the discussions of the right to sufficient water and sanitation
on which this paper is focusing, various factors make this right a little difficult to be realized. These factors include
amongst others the scarcity of water resources in the country and the tension between human and environmental
needs in the resource utilization.
Magister Legum - LLM
2004-01-01T00:00:00ZAn accused's rights of access to police dockets for bail hearingsMadotyeni, Zola Cedric Nevillehttp://hdl.handle.net/11394/101962023-06-14T00:03:59Z1998-01-01T00:00:00ZAn accused's rights of access to police dockets for bail hearings
Madotyeni, Zola Cedric Neville
Bail has always been a controversial and contentious topic m constitutional debate. The
sensational coverage by the media of the failure by the criminal justice system to make use of the
existing resources in preventing the pre-mature release of dangerous criminals, has led to public
outrage and for the members of the public to blame the Constitution for the failure of the criminal
justice system to keep criminals in custody.3 The criminal justice system found it difficult to deal
with the new challenges brought in by the new constitutional order.
Magister Legum - LLM
1998-01-01T00:00:00ZThe right to privacy and the challenge of modern cell phone technologyHamman, Abraham Johnhttp://hdl.handle.net/11394/101172023-08-25T00:18:53Z2004-01-01T00:00:00ZThe right to privacy and the challenge of modern cell phone technology
Hamman, Abraham John
Privacy has been defined as a state in which one is not observed or disturbed by others
and to have freedom from public attention. A person's right to privacy entails that such a
person should have control over his or her personal information and should be able to
conduct his or her personal affairs relatively free from unwanted intrusions. The right to
privacy has been included in the Constitution of the Republic of South Africa, Act 108 of
1996. The inclusion of the right to privacy in the Bill of Rights as a Fundamental right
illustrates how important this right is regarded.
Magister Philosophiae - MPhil
2004-01-01T00:00:00Z