Browsing by Author "Bennett, Thomas"

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    A democratic criterion for definitional statehood in international law
    (2011) Wade Strug, Jonathan; Bennett, Thomas
    Legal criteria for state creation in international law have always been controversial.9 In addition to suggestions the topic is simply too political for legal regulation,10 there is no consensus concerning what type of criteria are appropriate,11 what the specific criteria should be, 12 how potential criteria should be interpreted, 13 and what role recognition plays in state creation.
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    The application and reconstruction of international law by domestic courts : an analytical framework for the judicial mediation of a cosmopolitan and emancipatory international law
    (2013) Lewis, Lizani; Bennett, Thomas; Corder, Hugh; De Vos, Pierre
    The end-goal of this study is to promote a bottom up reconstruction of international law. This implies, first, that reconstruction is necessary, and, second, that such reconstruction has substantive merit. As humanity heads into the future in 'Lifeboat Earth', a number of global storms are brewing, ranging from catastrophic environmental degradation to an economic meltdown and political instability, accompanied by grave human suffering – all of which can be addressed only through ecumenical cooperation at a global level. This, in turn, presupposes a global system of regulation. Thus far, the only regime available has been international law. Hence, it is imperative that it is (or becomes) justifiable, persuasive and relevant for all its participants and recipients. The study construes this to mean that international law must be cosmopolitan, that is, globally relevant and counter-hegemonic, and thereby emancipatory, which signifies a normative order wherein human potential can flourish.
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    How does the implementation of counter terrorism measures impact on human rights in Kenya and Uganda?
    (2014) Nyaundi, Kennedy Monchere; Bennett, Thomas; Devine, Derry
    This thesis explores the impact of counter terrorism measures on human rights in Kenya and Uganda. It identifies terrorism as a global problem and reviews its common features. It recognises that the human cost of terrorism has been felt in virtually every corner of the world. It analyses the nature and scope of trends of terrorist activities in Kenya and Uganda, offers possible reasons for the increase of incidents of terror and considers the challenges in combating terrorism in these countries. The thesis outlines the fundamental freedoms that are most commonly engaged in the fight against terrorism and describes states’ obligations in respect of those rights. It recognises that a significant effect of terrorist activity is the tendency to pit security against human rights. It demonstrates that legislation intended to strengthen anti terrorism efforts raise serious concerns in relation to international and domestic human rights law. The thesis investigated one central concern: How does the implementation of counter terrorism measures impact on human rights in Kenya and Uganda? To answer this question, the study sought to investigate several related questions: In the enforcement of counter terrorism measures, is it possible for governments to play by the constraints of the rule of law? Is freedom during times of emergency as important as during peacetime? Is it possible and practical to observe art 4 of the ICCPR in the war against terrorism or should a lower threshold be established?
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    Virginity testing: a crime a delict or a genuine cultural tradition?
    (Juta Law, 2010) Mills, Cuan; Munnick, Gareth; Bennett, Thomas
    All the indigenous cultures of Southern Africa placed a high value on female virginity,1 and, in order to protect this bargaining chip in marriage negotiations, young girls were obliged to undergo regular virginity inspections.2 During the early part of the twentieth century, the practice fell into disuse, due largely to the erosion of family structures through migrant labour, forced removals and Western influences.3 Over the last twenty years or so, however, the inspections have been resumed, mainly, it seems, in order to reinstate the importance of pre-marital chastity.4 In the past, virginity testing was usually performed by mothers or senior kinswomen within the confines of the family,5 but, in recent years, it has become a major public ritual.