3 Acknowledgements 4 Table of Cases 9 Table of Legislations and other Materials 17 PART

Enforcing arbitral awards against sovereign states : the validity of sovereign immunity defence in investor-state arbitration

For more than 2,500 years, the Western tradition has embraced monogamous marriage as an essential institution for the flourishing of men and women, parents and children, society and the state. At the same time, polygamy has been considered a serious crime that harms wives and children, correlates with sundry other crimes and abuses, and threatens good citizenship and political stability. The West has thus long punished all manner of plural marriages and denounced the polygamous teachings of selected Jews, Muslims, Anabaptists, Mormons, and others. John Witte, Jr carefully documents the Western case for monogamy over polygamy from antiquity until today. He analyzes the historical claims that polygamy is biblical, natural, and useful alongside modern claims that anti-polygamy laws violate personal and religious freedom. While giving the pro and con arguments a full hearing, Witte concludes that the Western historical case against polygamy remains compelling and urges Western nations to hold the line on monogamy.

The Western Case for Monogamy Over Polygamy

Contrary to commonly accepted principles of civil society and the ideology of self-determination and governance, the socio-cultural and psychological spaces, territory, boundaries, sovereignty, and customary rights to land resources of the indigenous peoples in Sarawak were not selfdetermined, but were defined during the course of the last century and a half by the Brooke and colonial administrations and by subsequent postcolonial governments. The first two regimes established their dominion and control over the indigenous peoples in Sarawak through autocratic rule and paternalism. In the pretext of protecting native rights to land resources, expatriate administrators deconstructed these rights, which do not owe their existence to statute, and reframed them on the basis of the land laws of their motherland. When customary rights were subjected to formal land codification under the Torrens land registration system, this codification impinged upon the natives’ land inheritance system, their livelihood, their cultural identity, human dignity, and right to exist as discrete groups. Compounding effects of this land codification, the coming into existence of legal pluralism, as well as the exercise of administrative convenience in addressing sensitive land issues have become major sources of land conflict between the Dayak community and private developers and loggers in present-day, post-independence Sarawak.

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Deconstruction and Reconstruction of Native Customary Land Tenure in Sarawak

This thesis presents unexplored aspects of the problematic notion of sovereignty, a major issue in ongoing theoretical debates in international relations. Deploying a 'genealogical' perspective, it clarifies the transformation of ideas of sovereignty which reflect political changes in domestic and international society. Focussing primarily on Anglo-American discourses, it explores the hidden conceptual struggles involved in theories of sovereignty by illuminating its encounter with nationalism and constitutionalism. The national and constitutional forms of sovereignty are used to trace the trajectories of concepts of sovereignty in the fields of political, legal and international studies. This thesis opens with an explication of the genealogical tools derived from Nietzsche and Foucault and a survey of existing accounts of sovereignty within the international relations literature. The historical research begins by identifying the nature of notions of sovereignty within 'constitutional' traditions in seventeenth and eighteenth century Britain and America. After looking into major Continental theories of national sovereignty in the nineteenth century, the thesis examines the rise of nationalistic theories of state-sovereignty in nineteenth century Britain and America. This thesis argues that a strong strand of 'international constitutionalism' appeared as a result of the Anglo-American victory over Germany in the First World War. In consequence, during the initial inter-war period sovereignty was understood as a principle compatible with 'the international rule of law'. The thesis then explores the dramatic decline of this tendency in the thirties which eventually led to the intrusion of national sovereignty in tandem with the rise of political realism. In the midst of the Cold War and the processes of decolonisation, vigorous advocates of national sovereignty in socialist and Third World countries pushed Anglo-American intellectuals to abandon projects of international constitutionalism in the final quarter of this century. It argues that while old-fashioned international constitutionalism based on an anthropomorphic domestic analogy is no longer valid, it is possible to identify in academic debates and political practices values of constitutionalism such as the protection of human rights which are compatible with international society and the concept of sovereignty.

Conflicting notions of national and constitutional sovereignty in the discourses of political theory and international relations : a genealogical perspective

Devising effective legislative and policy strategies for dealing with polygamy in Canada requires an analysis as to how practices associated with plural marriage affect the lives of women. This report seeks to illuminate how life within a polygamous marriage might affect women’s social and economic status, as well as their overall health and well-being. This report also undertakes an examination of law and policy approaches to polygamy worldwide, with a view to assessing whether existing responses to polygamy adequately address the needs, rights and realities of women living within plural marriages. Based on this analysis, recommendations are made as to the most appropriate approach to polygamy in the Canadian context.

Polygamy in Canada : legal and social implications for women and children : a collection of policy research reports

Bodin's notion of sovereignty, or the absolute and perpetual power within the state,5 coupled with Hobbes'6 justification of absolute power as 'an imaginary compact between ruler and ruled'7 appears to have provided Austin with the raw materials for his own view of law as a command of the sovereign.8 Austin's command theory provided that the sovereign who is not subject to any law whatsoever, could, if that was the wish, command all whom he may find within his 'independent political society'9 to be subject to his command. Hegel, who fell under the influence of these views formulated his theory of dialectics.'° At the zenith of social advancement chartered by Hegelian dialectics may be found the state which for Hegel was the 'highest achievement of human endeavour."' Within this nineteenth century philosophical framework sovereign immunity took an absolutist form justifying an attitude against impleading a foreign sovereign before a local court. This attitude became clearly established in the decisions concerning ships, which were handed down by the courts on both sides of the Atlantic. 12 Yet another contributing factor for the growth of the absolutist view was the nineteenth century quest for colonial expansion. Colonial expansion raised the notion of a sovereign with absolute powers. Austin described his sovereign as one whose powers were indivisiblel3 and illimitable.l4 Chief Justic Marshall of the United States Supreme Court'5 and Lord Stowell in the Admiralty Courtl6 took the view that 'Sovereigns have made an implied contract to respect each others' independence

The Modern Law of Sovereign Immunity

South Africa is a polygeneous country with diverse legal systems. Its large black population of 21.6 million comprises nearly 70 per cent of the total population. The black population falls principally under four major ethnic divisions: the Nguni,' Sotho,2 Shangaan-Tsonga3 and Venda.4 These are not linguistic groups; they are strictly ethnic. Each group is divided along linguistic lines.5 The next identifiable group of persons with a distinct national identity are the 5 million whites, forming 16.3 per cent of the population of the Republic. Of these, 56 per cent are Afrikaans speaking. The Afrikaners trace their origins to the Dutch East India Company and its settlement of the Cape in 1652. Almost 38 per cent of the whites are English speaking. The next sizeable group are the coloured, numbering about 3.2 million, forming 10.4 per cent of the population. They form a loose collection of

Constitutional reform in south africa

(1995). Conversion, Polygamy and Bigamy: Some Comparative Perspectives. Asia Pacific Law Review: Vol. 4, No. 2, pp. 69-89.

Conversion, Polygamy and Bigamy: Some Comparative Perspectives

Legal pluralism denotes the interaction of two or more systems of laws within a separate legal unit. The study of legal pluralism is undertaken today as an aspect of the impact of colonialism upon Developing Nations of the Third World. The departing colonial powers had left behind in their former Colonies and Dependencies.

Customary Law As An Aspect Of Legal PluralisM: With Particular Reference To British Colonial Africa

(2006). Constitutional Structures: Lessons from Aceh and The Sudan. Asia Pacific Law Review: Vol. 14, No. 2, pp. 177-192.

Lakshman Marasinghe

Papers

The Modern Law of Sovereign Immunity

Constitutional reform in south africa

Conversion, Polygamy and Bigamy: Some Comparative Perspectives

Customary Law As An Aspect Of Legal PluralisM: With Particular Reference To British Colonial Africa

Constitutional Structures: Lessons from Aceh and The Sudan