This thesis explores the concept of linguistic secession and its implications within the framework of international law, focusing on the case studies of Québec and Abkhazia. Through a detailed...Show moreThis thesis explores the concept of linguistic secession and its implications within the framework of international law, focusing on the case studies of Québec and Abkhazia. Through a detailed examination of historical contexts, it highlights how linguistic identity can fuel secessionist movements and evaluates the extent to which linguistic discrimination can justify claims for independence. By analysing legal doctrines and international treaties, the study assesses the applicability of remedial secession as a response to linguistic subjugation. The findings suggest that while language plays a pivotal role in shaping national identity, the legitimacy of secession based on linguistic grounds remains contentious. The research underscores the importance of ensuring that internal self-determination is properly implemented and the need of protecting linguistic rights within existing state structures, offering insights into the evolving nature of self-determination in the global legal landscape.Show less
Transitional justice aims to address the aftermath of gross human rights violations and facilitate societal healing and recovery. Traditionally, transitional justice mechanisms have been state...Show moreTransitional justice aims to address the aftermath of gross human rights violations and facilitate societal healing and recovery. Traditionally, transitional justice mechanisms have been state-centric, relying on the capacity and will of states for their implementation. In fragile states—characterised by weak authority, capacity, and legitimacy—this approach often leads to an "implementation gap," where policies are designed but not enacted. This study explores the extent to which civil society can fill this gap. Focusing on Actoras de Cambio, a civil society organisation in post-war Guatemala, this research examines how civil society operates within this state-centric framework, evaluating its ability to fulfil the five pillars of transitional justice: truth-seeking, justice, reparation, memorialisation, and guarantees of non-recurrence. The findings suggest that civil society can effectively address truth-seeking, memorialisation, and psycho-social reparation, but faces limitations in delivering justice and guarantees of non-recurrence, areas requiring broader legal and structural reforms. These results underscore the importance of a synergistic approach between the state and civil society in transitional justice processes, particularly in fragile states. This research advocates for a more inclusive and holistic transitional justice framework, recognising the critical role of civil society in fragile states and informing more tailored international responses to mass atrocities.Show less
This thesis focuses on the potential of integrating the principles of Ubuntism into Good Governance techniques in order to re-legitimise democracy in South Africa. With the plea for unity and...Show moreThis thesis focuses on the potential of integrating the principles of Ubuntism into Good Governance techniques in order to re-legitimise democracy in South Africa. With the plea for unity and national reconciliation prompted by Nelson Mandela, the country now faces several challenges in preserving its democratic institutions amid rising authoritarianism in the region. This thesis utilises a normative comparative analysis of the UN Good Governance framework, and argues for the integration of the values inherent in Ubuntism, to propose a governance model that is more representative, inclusive, and effective. Further, through the use of value theory this thesis examines case studies exhibited by the UN Good Governance framework, in order to argue that values such as survival, compassion, and respect can combat corruption and state capture, ultimately enhancing the legitimacy of South Africa's present day democracy. This thesis acknowledges the limitations of its argument most notably: the narrow scope of strategies analysed and the absence of empirical research. However, it further calls for a more in- depth and extensive exploration of Ubuntism’s impact on governance. With the upcoming 2024 national elections in South Africa, this research highlights how imperative it is for structural changes in governance in order to prevent the erosion of its democratic principles. The integration of Ubuntism into governance ultimately offers a promising approach to addressing governance failures and fostering a more interconnected and accountable government within the country that inherently contributes to the broader fight against authoritarianism in Africa.Show less
