Subjects -> LAW (Total: 1587 journals)
    - CIVIL LAW (37 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (92 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (156 journals)
    - FAMILY AND MATRIMONIAL LAW (24 journals)
    - INTERNATIONAL LAW (191 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (974 journals)
    - LAW: GENERAL (10 journals)

INTERNATIONAL LAW (191 journals)                     

Showing 1 - 191 of 191 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 21)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 9)
Afrilex     Open Access   (Followers: 7)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 25)
American Journal of International Law     Hybrid Journal   (Followers: 70)
American University International Law Review     Open Access   (Followers: 12)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 16)
Annual Survey of International & Comparative Law     Open Access   (Followers: 16)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 8)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 2)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 3)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 20)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 18)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australian International Law Journal     Full-text available via subscription   (Followers: 23)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Austrian Review of International and European Law Online     Hybrid Journal   (Followers: 6)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Belli Ac Pacis : Jurnal Hukum Internasional     Open Access   (Followers: 2)
Berkeley Journal of International Law     Open Access   (Followers: 25)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 38)
Brooklyn Journal of International Law     Open Access   (Followers: 5)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 3)
Cape Town Convention Journal     Open Access  
Case Western Reserve Journal of International Law     Full-text available via subscription   (Followers: 5)
Chicago Journal of International Law     Full-text available via subscription   (Followers: 9)
Chinese Journal of Environmental Law     Hybrid Journal   (Followers: 1)
Chinese Journal of Global Governance     Open Access   (Followers: 3)
Chinese Journal of International Law     Hybrid Journal   (Followers: 25)
Climate law     Hybrid Journal   (Followers: 7)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 17)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 18)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 21)
Cornell International Law Journal     Open Access   (Followers: 6)
Corporate Governance An International Review     Hybrid Journal   (Followers: 17)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access   (Followers: 2)
Duke Journal of Comparative & International Law     Open Access   (Followers: 18)
European Business Law Review     Full-text available via subscription   (Followers: 17)
European Company Law     Full-text available via subscription   (Followers: 13)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 35)
European Journal for Security Research     Hybrid Journal   (Followers: 2)
European Journal of International Law     Hybrid Journal   (Followers: 251)
European Journal of Migration and Law     Hybrid Journal   (Followers: 37)
European Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 42)
European Property Law Journal     Hybrid Journal   (Followers: 8)
Fordham International Law Journal     Full-text available via subscription   (Followers: 21)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 6)
Frontiers of Law in China     Hybrid Journal   (Followers: 2)
Georgetown Journal of International Law     Full-text available via subscription   (Followers: 14)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 4)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 51)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 12)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 271)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 9)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 30)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 7)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 31)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 12)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 27)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law in Context     Hybrid Journal   (Followers: 17)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 65)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 23)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 16)
International Journal of Private Law     Hybrid Journal   (Followers: 11)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 13)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Negotiation     Hybrid Journal   (Followers: 15)
International Organizations Law Review     Hybrid Journal   (Followers: 26)
International Planning Studies     Hybrid Journal   (Followers: 8)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 13)
International Security     Hybrid Journal   (Followers: 87)
Israel Law Review     Hybrid Journal   (Followers: 2)
Italian Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 15)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 17)
Journal of International Economic Law     Hybrid Journal   (Followers: 33)
Journal of International Humanitarian Legal Studies     Hybrid Journal   (Followers: 10)
Journal of International Political Theory     Hybrid Journal   (Followers: 20)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Liberty and International Affairs     Open Access   (Followers: 5)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 8)
Journal of the History of International Law     Hybrid Journal   (Followers: 17)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 17)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 22)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 44)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 27)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 10)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 18)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 21)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 16)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 15)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 10)
Nordic Journal of International Law     Hybrid Journal   (Followers: 17)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Palestine Yearbook of International Law Online     Hybrid Journal   (Followers: 10)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 4)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 8)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 8)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revista Videre     Open Access   (Followers: 3)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
SASI     Open Access   (Followers: 6)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 12)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
Texas International Law Journal     Full-text available via subscription   (Followers: 5)
Tilburg Law Review     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 6)
Uniform Law Review     Hybrid Journal   (Followers: 4)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 17)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 5)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 5)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 12)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 10)
Yearbook of Polar Law Online     Hybrid Journal  
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 18)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
South African Yearbook of International Law
Number of Followers: 2  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 0379-8895
Published by UNISA Homepage  [7 journals]
  • South African Yearbook of International Law: Abbreviations
    • Abstract: Abbreviations
      PubDate: 2016-05-05T12:41:30Z
       
  • South African Yearbook of International Law: Private sector food-safety
           standards and the SPS Agreement : challenges and possibilities
    • Authors: Prevost; Denise
      Abstract: Sanitary and phytosanitary (SPS) requirements are those conditions applied to food and agricultural products to address food-safety risks and risks from pests or diseases in plants or animals. Such requirements may be laid down by central or local governmental bodies or by agencies authorised by them, or may be set by non-governmental bodies without regulatory authority. The latter category of SPS requirements, commonly known as 'private sector standards', have no binding force. Nevertheless, they may have an important impact on exports of food and agricultural products, particularly from developing countries.
      PubDate: 2016-05-05T12:41:29Z
       
  • South African Yearbook of International Law: Corporations and human rights
           : two key developments
    • Authors: Kirk; Anna
      Abstract: The debate regarding the human rights responsibilities (and / or obligations) of corporations has evolved considerably over the past ten years. Yet, even against this background of rapid development, 2008 has been a year of marked progress. In particular, two key developments have occurred that are already having a significant impact on the way in which the issues are framed. These are :(1) The publication of the final report of the United Nations Special Representative of the Secretary-General on business and human rights following his three-year mandate from the Human Rights Council; and. (2) The publication by the International Commission of Jurists of its report on corporate complicity in international human rights violations.These developments are potential turning points in the debate on corporate human rights standards. They lay the groundwork for developing a coherent policy, and potentially a regulatory framework, in relation to corporate human rights responsibilities. This article analyses the findings of these two reports, and considers future developments that may result from their conclusions.
      PubDate: 2016-05-05T12:41:28Z
       
  • South African Yearbook of International Law: International law and
           negotiating power in foreign investment projects : comparing property
           rights protection under human rights and investment law in Africa
    • Authors: Cotula; Lorenzo
      Abstract: 'Secure' property rights are considered important to create 'enabling' conditions for foreign investment in Africa. They also influence the way risks, costs and benefits of the investment are shared. For investors, the protection of property rights under international investment law is a tool to shelter their business interests from arbitrary host state interference. At the same time, the human right to own property, and linked to it the right not to be arbitrarily deprived of his property, offers an avenue for securing the livelihoods of local groups affected by an investment project - through providing safeguards against arbitrary land takings during project implementation.. This article compares the strength of property rights protection under international human rights and investment law as they apply to Africa, and relates that comparison to an analysis of the negotiating power in foreign investment projects.. First the article analyses the protection of the right to property under the African Charter on Human and Peoples' Rights, and compares it to the standards applicable under the European and American human rights systems. It also analyses the protection of property rights under international investment law, and compares it to that available under the African Charter. The main findings are that the African Charter provides lower standards of protection than its European and American counterparts; and that international investment law provides stronger protection than that available under the European and American human rights systems and, even more so, under the African Charter.. Second, the article relates this legal analysis to an analysis of negotiating power in foreign investment projects; it discusses negotiating power drawing on experience from the Chad-Cameroon oil development and pipeline project, and shows that differences in legal protection reflect and reinforce a-symmetries in negotiating power between foreign investors and local people affected by the investment project.. As a result, increases in investment flows to to sub-Saharan Africa are taking place in contexts characterised by mutually reinforcing a-symmetries in both negotiating power and legal protection. Ensuring that local people benefit from increased investment requires strengthening their property rights. Tightening up protection under international human rights law, including through the case law and the recently established African Court, is a key step in that direction.
      PubDate: 2016-05-05T12:41:27Z
       
  • South African Yearbook of International Law: Highlights from the Office of
           the Chief State Law Adviser (International law)
    • Authors: De Wet; J.G.S.
      Abstract: For the third year running, the Office of the Chief State Law Adviser (International Law) ('the Office') has the privilege to share with the readers of SAYIL some highlights of the past year. As in previous years, 2008 has been a busy and exciting year for the Office.. In 2008 the Office has worked on a number of wide ranging issues from environmental issues to criminal matters. While many issues did not attract much media attention, others featured prominently. In the course of our work we continued to walk the tightrope of providing policy relevant legal advice which is, at the same time, theoretically sound.. As in previous years, this contribution adopts as its framework, the strategic priorities of the South African government and, in particular, the International Relations, Peace and Security Cluster. These are the consolidation of the African Agenda, South-South Cooperation, Global System of Governance, Political and Economic Relations, and North-South Cooperation. Furthermore, while the work covered is much broader than in previous contributions, it is limited to issues that can be considered highlights from the perspective of international law and international law-making.
      PubDate: 2016-05-05T12:41:25Z
       
  • South African Yearbook of International Law: Different countries, one
           environment : a critical Southern discourse on the common but
           differentiated responsibilities principle
    • Authors: Scholtz; Werner
      Abstract: To argue in this way is to ignore the world we live in. We do all live in one planet, and all are interconnected; all nations are in legal terms equal sovereign members of the UN with the same rights and duties. But this statement of mixed fact and legal theory combines to hide a vicious reality. The world's unity, and the sovereign equality of nations, is mocked and nullified by the economic inequalities which exist between the so-called equal nations of the world, and in particular between the economic North and South of the world.. Clearly, the parity of the developing countries with the developed ones is not compatible with the existing stocks of natural resources. For the survival of mankind the poor developing countries should remain in a state of underdevelopment because if the evils of industrialization were to reach them, life on the planet would be in jeopardy.
      PubDate: 2016-05-05T12:41:25Z
       
  • South African Yearbook of International Law: The constitutionalisation of
           public international law and the creation of an international rule of law
           : taking stock : notes and comments
    • Authors: Ferreira; Gerrit, Ferreira-Snyman, Anel
      Abstract: The distinction between public international law and the national law of states, as it is reflected in the concept of dualism as opposed to monism, is under increasing pressure. This is the result of the gradual emergence of a universal legal system based on the establishment of an international community bound together by common values and the consequent diminishing importance of the principle of territoriality. The continuing erosion of the divide between public international law and the national law of states, is evident in the simultaneous processes of the constitutionalisation of international law and the internationalisation of constitutional law. The possible outcome of these processes are twofold : On the one hand, the increasing internationalisation of constitutional law might eventually result in state constitutions showing remarkable similarities, while, one the other hand, the constitutionalisation of international law aims at bringing about a single international constitution for the entire international community. This contribution will mainly focus on the first process, and more specifically on the creation of an international rule of law as an inherent feature of such a process.
      PubDate: 2016-05-05T12:41:24Z
       
  • South African Yearbook of International Law: South African lawyers, values
           and new vision of international law : the road to perdition is paved with
           the pursuit of laudable goals : notes and comments
    • Authors: Tladi; Dire
      Abstract: Since the advent of democracy, South Africa has been a major player in international relations. South Africa has consistently claimed to have adopted a principled approach in its conduct of foreign relations. In this regard South Africa claims that its foreign policy is underpinned by numerous principles, including a commitment to human rights, the promotion of democracy, and a commitment to justice and international law.
      PubDate: 2016-05-05T12:41:23Z
       
  • South African Yearbook of International Law: International environmental
           law : assessing compliance and enforcement under South African and
           international law : notes and comments
    • Authors: Olivier; Michele, Abioye, Funmi
      Abstract: It is widely recognised that environmental problems are international in scope. Escalating environmental degradation compels states to cooperate internationally, and to establish universal and regional standards in order to address these issues in an effective and coherent fashion. It has thus become imperative to guarantee environmental protection by means of international law. Redgwill describes international environmental law as an area of international law marked by the application of principles which have evolved in the environmental context.
      PubDate: 2016-05-05T12:41:22Z
       
  • South African Yearbook of International Law: 'Casting Lead' and breaking
           rules : some reflections on the legality of Israel's recent attacks on
           Gaza : notes and comments
    • Authors: Du Plessis; Max, Bosch, Shannon
      Abstract: Perhaps for fear of emasculation, military commanders are inclined towards horror-inducing names. During March 1969 and May 1970 American B52 bombers flew a sortie of bombing raids into Cambodia and Laos. Kissinger's code names for the bombing raids were Breakfast, Lunch, Snack, Dinner and Dessert. Sadly in the theatre of war these naming conventions have become acceptable. But when the theatre includes women, children, the elderly, the sick, the trapped, then these operation code names take on a particular chill. And so it is with 'Operation Cast Lead' - the Israeli code name for their military onslaught in Gaza. On 27 December 2008, Israel, the occupying power in the OPT (the West Bank, including East Jerusalem, and the Gaza Strip) launched 'Operation Cast Lead', a large-scale aerial offensive in the Gaza Strip. The air strikes were then followed by Israeli ground troops, who invaded the Gaza Strip on the night of 3 January 2009. At the end of the conflict on 21 January 2009, it was reported that approximately 1 417 Palestinians had died, including 412 children, and Israeli forces had injured at least 4 200. A more accurate count of civilian deaths is difficult, with journalists and international human rights observers having been banned from entering Gaza during the offensive.
      PubDate: 2016-05-05T12:41:21Z
       
  • South African Yearbook of International Law: Zimbabwe in the dock : the
           Southern Africa Development Community (SADC) Tribunal's first decision :
           foreign judicial decisions
    • Authors: Beukes; Margaret
      Abstract: The Southern Africa Development Community (SADC) Tribunal (the Tribunal) handed down its first decision on 28 November 2008 in Mike Campbell (Pvt) Ltd v Republic of Zimbabwe. The Tribunal had to decide on the legality of the government of Zimbabwe's controversial agricultural land repossession measures, more particularly the legality of acquisitions carried out under section 16B of the Constitution of Zimbabwe Amendment Act.. The decision was preceded by an interlocutory ruling - also a Tribunal first - to interdict the government of Zimbabwe from evicting the applicants from their farm.
      PubDate: 2016-05-05T12:41:20Z
       
  • South African Yearbook of International Law: Extradition, self-execution
           and the South African Constitution : a non-event? : South African judicial
           decisions
    • Authors: Botha; Neville
      Abstract: On reading the Law Reports since the adoption of the Constitution of the Republic of South Africa, one might well be excused for assuming that section 231 - the section in the Constitution governing the conclusion and domestication of what are termed 'international agreements' - was designed to serve extradition. Virtually all the cases which have attempted to unravel this section in its various manifestations, have dealt with extradition. The two cases under consideration are no exception. Their principal interest lies, however, in that they provided the first real opportunity for the courts to consider what is perhaps the most contentious aspect of section 231, viz that of the self-executing treaty, or self-executing provisions in a treaty, concluded by the executive and approved by parliament. That this 'promise' has proved somewhat chimerical, should come as no great surprise.
      PubDate: 2016-05-05T12:41:19Z
       
  • South African Yearbook of International Law: The brothers Chitayev in
           trouble : human rights abuses in Chechnya : foreign judicial decisions
    • Authors: Olivier; Michele, Maritz, Marelie
      Abstract: Allegations of widespread human rights abuses perpetrated by Russian forces and Chechen rebel groups during the military conflict in Chechnya have long been rife. Russian behaviour in Chechnya came under international scrutiny when the European Court of Human Rights found Russia responsible for serious human rights abuses in Chechnya in the case of Chitayev and Chitayev v Russia in 2007. The European Court of Human Rights provided victims and their family members, access to justice which they were denied under their national jurisdiction. The Chitayev case was the first case relating to torture in Chechnya to be heard by the European Court of Human Rights.
      PubDate: 2016-05-05T12:41:19Z
       
  • South African Yearbook of International Law: A Chinese vessel in Durban
           with weapons destined for Zimbabwe : South African judicial decisions
    • Authors: Du Plessis; Max
      Abstract: In this note a description is provided of the recent litigation involving the Chinese vessel - the MV 'An Yue Jiang' - which in April 2008 attempted to discharge a consignment of arms at the Durban harbour. That this consignment of arms attracted any attention was due in large part to the early warning and mobilisation of civil society and the media who reported - to the dismay of concerned South Africans and Zimbabweans - that the arms were destined for the Zimbabwean Defence Force. More alarming was the news, subsequently acknowledgment by the South African government, that the government's National Conventional Arms Control Committee had issued a permit which allowed the arms to be transported over South African territory for delivery to the Zimbabwean Defence Force. This behaviour by the South African government proved to be unlawful, and a High Court order was granted on an urgent interim basis to prevent the arms from being offloaded.
      PubDate: 2016-05-05T12:41:18Z
       
  • South African Yearbook of International Law: Southern African events of
           international significance - 2007
    • Authors: Beukes; Margaret
      Abstract: Southern African events of international significance - 2007.
      PubDate: 2016-05-05T12:41:17Z
       
  • South African Yearbook of International Law: Literature : treaties and
           literature
    • Authors: Vrancken; P., Leitch, M.
      Abstract: Literature.
      PubDate: 2016-05-05T12:41:16Z
       
  • South African Yearbook of International Law: Treaties : treaties and
           literature
    • Authors: Jacobs; M.
      Abstract: Bilateral Agreements signed during 2008. Multilateral Agreements signed and / or ratified during 2008
      PubDate: 2016-05-05T12:41:16Z
       
  • South African Yearbook of International Law: The effectiveness of domestic
           human rights NGOs : A comparative study, Scott Calnan : book review
    • Authors: Shaik-Peremanov; Nazreen
      Abstract: The dominant culture of non governmental organisations (NGOs) has remained constant with respect to the multi nodal points of entry into state and interstate systems geared toward the alleviation of abuses, notably from a human rights perspective. The primary functions of NGOs are country-context driven. The same applies in the international arena. Much has been written on the role of non governmental institutions in terms of their rate of success and visibility. It is now widely recognised that their functions are not confined to lobbying. Instead, NGOs perform or facilitate a myriad of operational and logistical activities to ensure optimal efficacy. Yet, all animals are equal but some more equal than others.
      PubDate: 2016-05-05T12:41:15Z
       
  • South African Yearbook of International Law: International human rights
           litigation in US courts, Beth Stephens, Judith Chomsky, Jennifer Green,
           Paul Hoffman and Michael Ratner : book review
    • Authors: Viljoen; Frans
      Abstract: International human rights litigation in US courts is a very good illustration of an accessible yet comprehensive practitioners' guide. It should be useful to everyone interested in a better understanding of human rights litigation under the ATS and other domestic law provisions of the US, and is a must for anyone contemplating any litigation under this legal regime. It also stands as testimony to the efforts of litigants and lawyers who have together worked towards the 'beginning of the end of human rights atrocities' (as the authors indicate at xxvii) by ensuring an end to impunity - at least for the worst forms of human rights abuses.
      PubDate: 2016-05-05T12:41:15Z
       
  • South African Yearbook of International Law: Women, Islam and
           international law within the context of the Convention on the Elimination
           of All Forms of Discrimination Against Women, Ekaterina Yahyaoui Krivenko
           : book review
    • Authors: Shaik-Peremanov; Nazreen
      Abstract: This book is a valuable contribution in its layout in the exploration of women's rights in Islam as effected in Islamic states. The author is very astute in her observation that certain Islamic states are selective and subjective in their reliance upon the Holy Quran and Prophetic traditions. A precursor, though, finds its way in traditional and neo-western liberal thinking. The author recognises the perturbed relationship between the so called western paradigm human rights doctrine and Islam. However, on a reading of the Quran there is nothing perturbing in the relationship. The author argues that this perturbing relationship arises from the application of Quranic principles and traditions by Islamic states. She proposes a 'constructive dialogue' between Islamic and other states and international law with regard to human rights, specifically women's rights. Her positioning is absolutely on point. Islamic states, themselves, barter Quranic principles and Prophetic traditions with western international law creating a mixed basket of palatable fruit for various reasons.
      PubDate: 2016-05-05T12:41:14Z
       
  • South African Yearbook of International Law: World Poverty and Human
           Rights, Thomas Pogge : book review
    • Authors: Malunga; Kevin Sifiso
      Abstract: Thomas Pogge's welcome second edition consists of nine essays written between 1990 and 2007. The essays are not in any particular order. Chapters 1 to 3 are of a philosophical and theoretical nature and discuss universal justice, human rights, and moral theory. Chapters 3 to 5 show that the moral acceptance of the existing global order is incompatible with firmly entrenched moral convictions about interpersonal morality and domestic justice. Chapters 6 to 9 propose modest and feasible global institutional reforms that would better align the world's international order with its moral values.
      PubDate: 2016-05-05T12:41:14Z
       
  • South African Yearbook of International Law: Subject index
    • Abstract: Subject index
      PubDate: 2016-05-05T12:41:13Z
       
  • South African Yearbook of International Law: Table of cases
    • Abstract: Table of cases
      PubDate: 2016-05-05T12:41:13Z
       
  • South African Yearbook of International Law: Invoking obligations erga
           omnes in the twenty-first century : progressive developments since
           Barcelona Traction
    • Authors: De Wet; Erika
      Abstract: Introduction. In April 2014 the Republic of the Marshall Islands instituted proceedings before the International Court of Justice against India, the United Kingdom and Pakistan respectively. The focus of the applications concerned the alleged failure of these countries to fulfill their obligations under customary international law, as enshrined in Article VI of the 1968 Treaty on the Non- Proliferation of Nuclear Weapons (NPT). In accordance with this article:. Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control.
      PubDate: 2016-01-18T15:14:23Z
       
  • South African Yearbook of International Law: Fiat Lux! Deriving a right to
           energy from the African charter on human and peoples' rights
    • Authors: Barnard; Michelle, Scholtz, Werner
      Abstract: Introduction. The African continent is plagued by energy poverty, which refers to the lack of access to electricity and a reliance on traditional biomass for cooking. The linkage between access to modern energy services and development is well established, and the lack of access to modern energy sources constitutes an impediment to the promotion of sustainable development in Africa. In this regard, it is important to recall that the African Charter on Human and Peoples' Rights (Banjul Charter) expressly provides for an African right to development under article 22. Furthermore, article 24 (the right to a generally satisfactory environment) includes a reference to development. The relationship between the right to development and a right to a generally satisfactory environment is not clear from the wording of the Banjul Charter. However, the recognition of the importance of sustainable development in the African Union (AU) normative framework allows for an integrative approach that affirms that articles 22 and 24 are important components in the promotion of sustainable development which means that AU human rights law needs to respond to the challenge of energy poverty on the African continent. The time has come to derive a right to modern energy from articles 22 and 24 as components of sustainable development. General Comment 15 of the UN Committee on Economic, Social and Cultural Rights (UN Committee on ESCR) on the right to water (at the international level) provides a useful matrix in this regard. We therefore affirm the importance of a right to energy not only for the laudable objective of sustainable development of the African continent, but also for the achievement of the Millennium Development Goals (MDGs) as contained in the United Nations Millennium Declaration, 2000. We argue that a right to energy constitutes an important point of departure for an A Unormative response to energy poverty on the continent.
      PubDate: 2016-01-18T15:14:21Z
       
  • South African Yearbook of International Law: Putting in place processes
           and mechanisms to prevent and eradicate enforced disappearances around the
           world
    • Authors: Sarkin; Jeremy
      Abstract: Introduction. On Monday 15 July 2013 the United Nations (UN) Working Group on Enforced or Involuntary Disappearances (Working Group) held a commemorative event at the opening of its 100th session at UN Headquarters in New York. The Working Group was established in 1980 and holds three sessions a year. It had by then held one hundred sessions over its thirty-three years of existence. At the event, it was noted that enforced disappearances are not a crime of the past; they remain a phenomenon that continues to affect all regions of the world. The Working Group called for new strategies to tackle enforced or involuntary disappearances and highlighted the impunity that prevails for this crime globally.
      PubDate: 2016-01-18T15:14:21Z
       
  • South African Yearbook of International Law: Genetically modified
           organisms and trans-boundary damage : a two-pronged compromise for redress
           under the liability and redress protocol to the cartagena protocol
    • Authors: Tung; Odile Juliette Lim
      Abstract: This paper comments on the two-pronged approach for redress of the eagerly anticipated Nagoya-Kuala Lumpur Supplementary Protocol on liability and redress (the NSP) to the Cartagena Protocol in the event of damage resulting from trans-boundary movements of living modified organisms (LMOs). State parties to the NSP will be required to set up a domestic administrative mechanism with a national authority to investigate such damage and enable immediate response measures as well as to ensure that civil liability rules and procedures are provided for domestically. This will enable redress for such damage to biological diversity. This paper discusses the limited scope of the LMO-related damage addressed by the NSP and highlights the limitations of these two approaches when compared to a strong international civil liability regime.
      PubDate: 2016-01-18T15:14:19Z
       
  • South African Yearbook of International Law: Protection of intellectual
           property rights as human rights in international law
    • Authors: Du Bois; Mikhalien
      Abstract: Introduction. This article analyses specific international human rights instruments that may be useful in the interpretation of section 25 (the property clause) of the Constitution of the Republic of South Africa, 1996, (the Constitution) as regards the constitutional recognition and protection of intellectual property (IP) rights. It does not deal with intellectual property treaties in any detail, but only human rights instruments, and addresses only those IP rights generally recognised and protected as property in private law. The following definition of IP suffices:. The term intellectual property encompasses the right to control the use of the fruits of intellectual endeavour, that is, the products of the mind. Intellectual property takes the form of inventions which are protected as patents, designs of articles which are registered as designs, literary, artistic and other works which are protected by copyright and product brands which are protected by registration as trademarks or under the common law remedy of passing off.
      PubDate: 2016-01-18T15:14:18Z
       
  • South African Yearbook of International Law: Progressive development and
           codification of international law : the work of the International Law
           Commission during its sixty-sixth session
    • Authors: Tladi; Dire
      Abstract: Introduction. The International Law Commission (the Commission) finds itself at somewhat of a crossroad. It was established to promote and facilitate the progressive development and codification of international law. The Commission has, however, already codified the main areas of international law during what many have referred to as its golden years. Moreover, many organisations are now taking on the role of law-making in their own specialised fields, eg the International Maritime Organisation is adopting its own treaties and even the General Assembly often engages in its own treaty-making processes.
      PubDate: 2016-01-18T15:14:15Z
       
  • South African Yearbook of International Law: The work of the sixth
           committee of the United Nations general assembly 2012-2013
    • Authors: Pronto; Arnold N.
      Abstract: Introduction. The following is a review of the activities of the Sixth Committee of the General Assembly of the United Nations at the sixty-seventh and sixty-eighth sessions of the Assembly, held in 2012 and 2013 respectively. As described previously, the work of the Committee can be organised broadly into three types of activity: the substantive consideration of certain legal issues; the review of the annual work of expert legal bodies; and the discharge of certain oversight functions. A fourth function may be added: the review of requests for observer status in the General Assembly. During the period under review, the Committee dealt with a broad range of legal issues of international concern. As with any overview, depth of analysis is sacrificed on the altar of breadth of coverage.
      PubDate: 2016-01-18T15:14:14Z
       
  • South African Yearbook of International Law: Highlights from the office of
           the chief state law adviser (international law)
    • Authors: De Wet; J.G.S.
      Abstract: Introduction. The Office of the Chief State Law Adviser (International Law) at the Department of International Relations and Cooperation experienced another busy year during 2013, and by this contribution wishes to share this with the wider international law community. The work undertaken during 2013 again emphasised how international developments affect the contours of international law, and the necessity for Law Advisers to remain informed and updated about these developments, a task made easier by the excellent research resources available. The Arab Spring gained momentum, unfortunately not always with commendable results, as was evidenced by the deteriorating domestic situations in a number of states in North Africa and the Middle East. Opinions were given in both written format and by means of inputs during meetings to analyse the nature of these conflicts and their possible impact on South Africa, and on also on multilateral efforts to address these conflicts.
      PubDate: 2016-01-18T15:14:13Z
       
  • South African Yearbook of International Law: The OECD international
           VAT/GST guidelines on cross-border trade in digital goods - new
           developments since the Ottawa Conference (1998) on restoring tax
           neutrality : notes and comments
    • Authors: Van Zyl; S.P.
      Abstract: Introduction. Taxation of e-commerce is a global issue that cannot be resolved by adopting Value Added Tax (VAT) rules with extra-territorial powers in the absence of international treaties. Furthermore, where jurisdictions modernise their VAT rules in isolation and without having regard to international trends and inter-jurisdictional relationships, the modernisation is set for failure. The Organisation for Economic Co-operation and Development (OECD) is an international body that concerns itself with the promotion of policies that will improve the social and economic well-being of people around the world. It provides a forum for governments to work together, share experiences, and seek solutions to common problems. One of its various areas of research is the taxation (more specifically consumer taxes) on cross-border trade in services and intangibles.
      PubDate: 2016-01-18T15:14:11Z
       
  • South African Yearbook of International Law: Analysing the role of the MOU
           on cooperation in taxation and related matters as an instrument for
           coordination and integration in SADC
    • Authors: Letete; Puseletso, Saurombe, Amos
      Abstract: Introduction. The origins of Southern African Development Coordination Conference (SADCC) lie in the Front line States, a group of Southern African countries that fought for independence from colonial rule. Their aim was to help liberate the entire region from colonial rule. During the 1960s and 1970s, these newly independent states supported national liberation movements in the region by coordinating their political, diplomatic and military struggle to bring an end to colonial and white minority rule. The idea was to secure international cooperation for economic liberation and collective self-reliance. At that time,according to the late President of Botswana, Sir Seretse Khama, 'economic dependence had in many ways made political independence somewhat meaningless'. An additional effort steered by former President Kaunda of Zambia was to establish a transcontinental belt of independent and economically powerful nations from Dar es Salaam and Maputo on the Indian Ocean, to Luanda on the Atlantic. The SADCC was formed in 1980 and was transformed into the Southern African Development Community (SADC) in1992 with a focus on both socio-economic cooperation and cooperation in matters of political security.
      PubDate: 2016-01-18T15:14:10Z
       
  • South African Yearbook of International Law: Who qualifies as 'judicial
           authority' for the purpose of extradition? : juducial decisions
    • Authors: Beukes; Margaret
      Abstract: Introduction. 'But the new Euro warrant, which streamlines extradition throughout Europe, will not be confined to terrorism. It is a prime example of levelling down to reach agreed standards rather than the raising of all to a place in which justice is the likeliest outcome.'
      PubDate: 2016-01-18T15:14:09Z
       
  • South African Yearbook of International Law: Extending the life of the
           SADC Tribunal, Government of the Republic of Zimbabwe v Fick 2013 5 SA 325
           (CC)
    • Authors: Swart; Mia
      Abstract: Introduction. Judgments delivered by the South African Constitutional Court on questions of international law always arouse great interest. One reason for this is that the Constitutional Court has decided relatively few cases on international law. Fortunately this is changing rapidly. The case of Government of the Republic of Zimbabwe v Fick has made a dramatic contribution to the way in which the South African courts treat foreign case law. In Fick the South African Constitutional Court dealt a blow to the government of Zimbabwe when, in a unanimous decision it ruled that property in South Africa owned by the Zimbabwean government could be sold to defray legal expenses in a human rights case. This note will highlight some of the unusual aspects of the Fick case and the extent to which the case has developed international law, something that has received relatively little scholarly attention but has made a powerful contribution to our jurisprudence.
      PubDate: 2016-01-18T15:14:08Z
       
  • South African Yearbook of International Law: Southern African events of
           international significance - 2012
    • Authors: Beukes; Margaret
      Abstract: Southern African events of international significance - 2012
      PubDate: 2016-01-18T15:14:07Z
       
  • South African Yearbook of International Law: International liability
           regime for biodiversity damage : the Nagoya-Kuala Lumpur supplementary
           protocol, Akiho Shibata : book review
    • Authors: Strydom; Hennie
      Abstract: A landmark event that coincided with the adoption of the United Nations 1992 Rio Declaration on Environment and Development was the signing ceremony for the Convention on Biological Diversity (CBD) which entered into force on 29 December 1993. Considered an historic commitment by the international community to bring into operation an international legal instrument for the conservation and sustainable use of the earth's biological diversity and for the fair and equitable sharing of the benefits arising from the use of genetic resources, the convention's field of application was expanded, over time, by two additional protocols. In 2000 the Cartagena Protocol on Biodiversity was adopted and entered into force in 2003 with the aim of ensuring the safe handling, transport and use of living modified organisms (LMOs) resulting from modern biotechnology. Article 27 of this Protocol instructed the Conference of the Parties (COP) under the CBD, and serving as the Meeting of the Parties (MOP) under the Protocol, to develop an international liability and redress regime for damage resulting from the transboundary movement of LMOs. The adoption of the Nagoya-Kuala Lumpur Supplementary Protocol to the CBD followed in 2010 to realise the instruction in article 27 of the Cartagena Protocol.
      PubDate: 2016-01-18T15:14:06Z
       
  • South African Yearbook of International Law: Treaties and literature
    • Authors: Van der Walt; Rika
      Abstract: Treaties and Literature
      PubDate: 2016-01-18T15:14:05Z
       
  • South African Yearbook of International Law: 'Armed Attack' and article 51
           of the UN charter : evolutions in customary law and practice, Tom Ruys :
           book review
    • Authors: Stemmet; Andre
      Abstract: The use of force by states in the pursuit of policy objectives remains a salient issue of the international system in our day and age, the legality of which continues to tax the minds of law advisers to states and international organisations, and of academics. The NATO intervention in Kosovo in 1999and the attack against Iraq by a United States-led coalition in 2003, resulted in a deep and rich debate on the legality of the use of force in academic circles and public fora. Belgian legal practitioner and academic Tom Ruys uses an equally seismic event, the 9/11 attacks on the United States, as point of departure for this work, based on his doctoral thesis. He looks at the use of force through the prism of article 51 of the United Nations Charter, which provides for the 'inherent right of individual or collective self-defence if an armed attack occurs.' The work aims to address the vexing questions of what constitutes an armed attack, and the relationship between article 51 and the general prohibition of inter-state use of force in article 2(4), and the relationship between article 51 and the right to self-defence in customary international law.
      PubDate: 2016-01-18T15:14:05Z
       
  • South African Yearbook of International Law: Multilateral treaties
    • Abstract: Multilateral Treaties
      PubDate: 2016-01-18T15:14:04Z
       
  • South African Yearbook of International Law: Literature
    • Authors: Vrancken; P.
      Abstract: Literature
      PubDate: 2016-01-18T15:14:03Z
       
  • South African Yearbook of International Law: Interview with Navi Pillay,
           United Nations High Commissioner for Human Rights
    • Authors: Heyns; Christof
      Abstract: Interview with Navi Pillay, United Nations High Commissioner for Human Rights
      PubDate: 2014-10-30T11:16:37Z
       
  • South African Yearbook of International Law: African international
           scholars and their contribution to the development of international law
    • Authors: Pillay; Navi
      Abstract: African international scholars and their contribution to the development of international law. United Nations High Commissioner for Human Rights - Navi Pillay
      PubDate: 2014-10-30T11:16:37Z
       
  • South African Yearbook of International Law: Security Council, the use of
           force and regime change : Libya and Cote d'Ivoire
    • Authors: Tladi; Dire
      Abstract: Between February and March 2011, the United Nations Security Council adopted a series of resolutions with potentially far reaching implications for international law relating to the use of force. The Council adopted Resolution 1970 (2011) and 1973 (2011), with respect to the situation in Libya on 26 February and 17 March respectively, and Resolution 1975 (2011) with respect to the situation in Cote d'Ivoire on 30 March. The operations in Libya to implement Resolution 1973 were led by the North Atlantic Treaty Organisation (NATO) while the operations in Cote d'Ivoire to implement Resolution 1975 were led by UN Operations in Cote d'Ivoire (UNOCI) assisted by French forces.. Due to political dynamics on the Security Council, Council resort to the use of force is notoriously rare. This is not to say that the Council has never authorised force prior to 2011. Prior to the Libya and Cote d'Ivoire resolutions, the Security Council authorised force in several cases. The Council, for example, famously authorised the use of force against Iraq in 1990 after Iraq invaded Kuwait. Prior to the resolution on Iraq the Council authorised the use of force against the Democratic People's Republic of Korea in response to the latter's invasion of the Republic of Korea, while subsequent to the Iraq resolution, the Security Council authorised the use of force in Somalia. Additionally, there has been a case of use of force authorised by the Council ex post facto in the case of Kosovo, as well as the controversial case of the US invasion of Iraq which the US (and the UK) argued had been authorised by the Council while for most, the invasion was unauthorised.
      PubDate: 2014-10-30T11:16:36Z
       
  • South African Yearbook of International Law: Beyond fragmentation : an
           issues-based approach to 'human rights'
    • Authors: Waschefort; Gus
      Abstract: Nicholas Murray Butler said, 'an expert is one who knows more and more about less and less until he knows absolutely everything about nothing'. Yet many lawyers, and law academics in particular, spend their careers aspiring not only to become experts, but to become the expert on one or other narrowly defined niche area of law, that is to say knowing 'more and more about less and less ...'. Nevertheless, such experts are cumulatively responsible for generating a great deal of knowledge and understanding, and they are an indispensable component of the human rights movement.. In his convincing study, Pinker postulates that today we are in all probability living in the most peaceable era of our existence as a species. This notwithstanding, no country goes unscathed by human rights abuses, and there are parts of the world in which the unthinkable happens daily. Conventional wisdom has been to generate more and more specialist knowledge to address such abuses. While this is certainly of immense importance to the fight against human rights abuses, this approach has failed to tilt the scales in this global fight. In this contribution I argue that lawyers whose goal it is to work towards social change, instead of creating theoretical knowledge, should define their scope of work not by any formal sub-regime of international law, such as 'international human rights law' in the narrow sense, but should rather follow an issues perspective - the protection of life, for example. Such an approach brings with it many advantages, principle among which is the ability to draw on a wide range of norms and mechanisms to achieve a desired result. This implies that such lawyers should seek to gain knowledge on a broader range of legal regimes - in other words, they should know a little less about more.
      PubDate: 2014-10-30T11:16:35Z
       
  • South African Yearbook of International Law: The effect of Security
           Council mandates on the proportionality analysis in humanitarian
           interventions
    • Authors: Truscott; Mathew
      Abstract: In March 2011 the United Nations Security Council took an unprecedented step in response to the increasingly brutal repression of protests in Libya. It issued resolution 1973, authorising military intervention in line with the Security Council's 'determination to ensure the protection of civilians and civilian populated areas and the rapid and unimpeded passage of humanitarian assistance'. Under this mandate, NATO carried out 9 700 strike sorties. The notion of military intervention to protect civilians may well be hailed as an important step toward realising the responsibility to protect, however it poses significant difficulty to military planners when calculating what targets to strike and what force is proportional. If one is intervening purely to protect civilians, then potentially any civilian casualty is unacceptable as it would amount to killing one civilian to save another. The very notion of an humanitarian intervention therefore, poses crucial questions for the application of humanitarian law.
      PubDate: 2014-10-30T11:16:35Z
       
  • South African Yearbook of International Law: Elevating a well-founded fear
           of sexual violence to a form of persecution in refugee status
           determination : justifications for a more inclusive approach
    • Authors: Stone; Lee
      Abstract: The 14th Dalai Lama said, 'although you may not always be able to avoid difficult situations, you can modify the extent to which you can suffer by how you choose to respond to the situation'. On 30 March 1959, fearing for his life in his native Tibet, the Dalai Lama decided the best way to mitigate the extent of his suffering was to seek refuge in India - making him possibly the most famous refugee in the world. To date, and for the last 54 years, the Dalai Lama has not set foot in Tibet, the homeland of the people for whom he is the spiritual leader. For centuries the act of seeking refuge as a result of persecution has occurred across civilizations. The persecution, often on religious grounds, that occurred during the early and late modern historical periods, resulted in mass displacement. The best example is perhaps the French Huguenots, five hundred thousand of whom fled to different corners of the globe in the face of religious persecution. Moreover, many of the great intellectuals of the modern era, including Victor Hugo, Sigmund Freud, Joseph Conrad, Friedrich Nietzsche and indeed, Albert Einstein, were refugees. Similarly, today millions of people seek to escape the hardship they have endured in their home states by becoming refugees in foreign, sometimes hostile, environments. This process has come to be formally regulated through international law.
      PubDate: 2014-10-30T11:16:34Z
       
  • South African Yearbook of International Law: Migration in the global
           village : cultural rights, citizenship and self-determination
    • Authors: Ferreira; G.M., Ferreira-Snyman, M.P.
      Abstract: One of the consequences of the continuing process of globalisation is the ever increasing free movement of people all over the world. In this respect the world has indeed become a global village and some commentators even refer to global citizenship in order to explain this phenomenon.. It must be emphasised at the outset that different categories of people take part in the migration process for a variety of reasons. The first group that comes to mind is the people who emigrate to another country with the idea of making it their permanent home. The second group is those who only migrate temporarily to another state for purposes of, for example, work, study, or even extended vacation. And then there are the refugees who flee to another country for fear of political persecution so as to obtain asylum and later permanent residence. In between these groups, are those persons who, for a variety of reasons such as environmental change, state fragility, and livelihood failure, are forced to migrate outside of the formally prescribed channels.
      PubDate: 2014-10-30T11:16:33Z
       
  • South African Yearbook of International Law: The governance models for
           oceans and the United Nations Convention on the Law of the Sea
    • Authors: Bastos; Fernando Loureiro
      Abstract: The preamble to the United Nations Convention on the Law of the Sea (the Convention), signed 10 December 1982, aims at the creation of a 'legal order for the seas and oceans which will facilitate international communication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilizations of their resources, the conservation of their resources, and the study, protection and preservation of the marine environment'.. The legal order designed to regulate the use of the oceans is founded on the basic assumption that activities in the oceans do not require the appropriation of maritime areas by states, in particular, by coastal states. Accordingly, with the exception of internal waters, the recognition of 'sovereignty', 'sovereignty rights', and 'jurisdiction' over maritime spaces of coastal states does not imply the granting of exclusive powers over those spaces. Indeed, as opposed to an idea of exclusivity over a territory, the exercise of power by the coastal states over maritime spaces should take account of the uses of the oceans that are recognised simultaneously for all other states.
      PubDate: 2014-10-30T11:16:33Z
       
  • South African Yearbook of International Law: Barcelona Traction and
           Nottebohm Revisited : nationality as a requirement for diplomatic
           protection of shareholders in South African law : notes and comments
    • Authors: Ngobeni; Lawrence
      Abstract: The recent case of Von Abo v Government of RSA indicates what would have been an unsettling shift, albeit in thinking which was overturned on appeal, from the decisions of the International Court of Justice in the Nottebohm Case (Liechtenstein v Guatemala), Barcelona Traction, Light and Power Company, Limited (Belgium v Spain), Case Concerning Ahmadou Sadio Diallo (Republic of Guinea v Democratic Republic of Congo), as well as the work of the International Law Commission on Diplomatic Protection. The decision also strangely differs from and disregarded Van Zyl v Government of RSA, a decision of a provincial division which was upheld by the Supreme Court of Appeal.
      PubDate: 2014-10-30T11:16:32Z
       
  • South African Yearbook of International Law: Highlights from the Office of
           the Chief State Law Adviser (international law)
    • Authors: De Wet; J.G.S.
      Abstract: The Office of the Chief State Law Adviser (International Law) is privileged to share this overview of its work in 2012 with the wider South African and international law community. As with previous contributions, it will broadly follow the contours of the strategic foreign policy objectives of the South African government. It will both focus on the ongoing projects that the Office is dealing with, and highlight some of the more interesting and classic international law topics that the Law Advisers had to address in opinions, and which again illustrate the close relationship between contemporary international developments, and the work of advisers on international law in foreign ministries. South Africa was a non-permanent member of the United Nations Security Council in 2012, and this necessitated a close working relationship between the Office and the Legal Counsellor to the South African Permanent Mission to the United Nations in New York, especially where statements to the Security Council on matters serving before it had to be compiled and approved, often on an urgent basis.
      PubDate: 2014-10-30T11:16:32Z
       
  • South African Yearbook of International Law: Revisiting South Africa's
           reporting obligations under human rights treaties and peer review
           mechanisms : baby strides grinding to a halt' : notes and comments
    • Authors: Chenwi; Lilian
      Abstract: The end results of human rights treaties should be the enjoyment by individuals and groups of the rights stipulated in them. Accordingly, states are required to implement the rights and obligations in treaties they have ratified. However, as Olivier has observed, states ratify treaties without the political will or ability to implement them fully. Watt has also stated that 'while states have been willing to agree [to] human rights treaties, they have not been as enthusiastic about the monitoring of their own compliance with such agreements'. Monitoring the implementation of human rights treaties and compliance with human rights obligations thus becomes relevant in ensuring enjoyment of rights. State reporting is one of the mechanisms through which the implementation of human rights treaties can be monitored in order to avoid any deficiencies resulting from the laxity of state parties in complying with their obligations.
      PubDate: 2014-10-30T11:16:31Z
       
  • South African Yearbook of International Law: The reconciliation of
           transnational economic, social and cultural human rights via the common
           interest : notes and comments
    • Authors: Scholtz; Werner
      Abstract: In general, human rights obligations are restricted to states' actions within their own territory in relation to their own citizens and residents. However, article 55(c) of the Charter of the United Nations refers to the promotion of 'universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion', while article 56 affirms that '[a]ll Members pledge themselves to take joint and separate action, in cooperation with the Organisation, for the achievement of the purposes set forth in article 55'. Thus, states must promote human rights both individually and jointly. Furthermore, the Vienna Declaration affirms that the promotion and protection of human rights is a legitimate concern of the international community. Therefore, the implementation of human rights is clearly not a purely domestic matter. This is also evident from the horizontal operation of human rights between states as it is actually states which are the principal addressees of international human rights law. Inter-state complaint procedures are used to 'act in the common interest of protecting human rights'. Furthermore, jurisprudence, international treaties, soft law, and customary international law provide examples of a progressive development of the extension of the scope of human rights obligations beyond state borders. In particular, the International Covenant on Economic, Social and Cultural Rights (ICESCR), has interesting provisions which reveal that the 'existence of extraterritorial obligations in relationship to international cooperation and assistance based on specific provisions of the Covenant [is] clear'.
      PubDate: 2014-10-30T11:16:30Z
       
  • South African Yearbook of International Law: A bird's eye view of
           international law in the twentieth century : from the Hague Peace
           Conference to the Kyoto Protocol : notes and comments
    • Authors: Barrie; George
      Abstract: After having had a decade to digest the developments in international law during the twentieth century it may be an opportune moment to give a bird's eye view of these developments. These developments can be roughly divided into four periods: 1899 to the end of World War I; the period between the two World Wars; 1946 to the fall of the Berlin Wall during 1989; and lastly the demise of the Soviet Union to the establishment of the International Criminal Court (ICC) during 1998.. Giving a bird's eye view over a century of developments in international law in a single article is a daunting task. This can only be achieved if the overview focuses on those developments which stand out and does not indulge in gratuitous commentary or theoretical discussion. In what follows the focus will be on the major historical international law developments during the previous century such as treaties, decisions of international tribunals, and the establishment of major international institutions.
      PubDate: 2014-10-30T11:16:30Z
       
  • South African Yearbook of International Law: The proposed International
           Criminal Chamber section of the African Court of Justice and Human Rights
           : a legal analysis : notes and comments
    • Authors: Martin; Matasi W., Jurgen, Brohmer
      Abstract: The continued tension between the African Union (AU) and the International Criminal Court (ICC) has reached its climax with the African regional body deciding to expand the jurisdiction of the African Court of Justice and Human Rights (ACJHR). The expanded jurisdiction will see the addition of a third tier section with competency to try international crimes. This development appears to have been occasioned by a number of issues that have emerged in Africa relating to international criminal justice in Africa.. The tension between the AU and the ICC seems first to have arisen sometime in 2005. This is the period when the United Nations Security Council (UNSC), acting under article 13 of the Rome Statute, referred the case of Sudan (the situation in Darfur) to the ICC for possible investigation and prosecution. This happened when the UNSC adopted resolution 1593 (2005) in which it referred the situation in Darfur, Sudan to the ICC.
      PubDate: 2014-10-30T11:16:29Z
       
  • South African Yearbook of International Law: International law teaching :
           glass(es) half full' Rose coloured' Red/white and blue' :
           teaching of international law
    • Authors: Gamble; John
      Abstract: I have been teaching international law for almost forty years and have been systematically examining its teaching for about half that long. I should explain the meaning of 'systematically examining'. The American Society of International Law (ASIL) has had an interest in the teaching of international law since its founding. In fact, the first page of the first issue of AJIL was US Secretary of State Elihu Root's call for better education in international law.
      PubDate: 2014-10-30T11:16:28Z
       
  • South African Yearbook of International Law: Teaching international law in
           the context of domestic legal systems : towards a transnational approach :
           teaching of international law
    • Authors: Ku; Charlotte
      Abstract: My colleagues on this panel and many in the audience have devoted much time to considering the subject of teaching international law. The focus of the discussion is often on why the general course should be taught and, if possible, be required of every law student. This is an important subject and I am in complete agreement with the position that some knowledge of international law is required of every legal professional today. But how much needs to be taught and why'
      PubDate: 2014-10-30T11:16:28Z
       
  • South African Yearbook of International Law: Price comparisons in
           anti-dumping investigations following China - X-rays WT/DS425/R : judicial
           decisions
    • Authors: Brink; Gustav
      Abstract: On 26 February 2012 the Dispute Settlement Body of the World Trade Organisation (WTO) issued a report that considered, amongst others, the requirements to be met in determining price injury to the domestic industry in anti-dumping investigations. It found that China erred in the methodology it had used to determine price injury under article 3.2 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (ADA). The finding attaches new meaning to the wording of the ADA and may have a significant impact on how South Africa's International Trade Administration Commission (ITAC) conducts its anti-dumping investigations.. After providing a broad overview of anti-dumping, this analysis considers China - X-rays and the implications it may have for anti-dumping investigations in South Africa.
      PubDate: 2014-10-30T11:16:27Z
       
  • South African Yearbook of International Law: A presumptuous beginner :
           some thoughts on teaching international law at undergraduate level for the
           first time : teaching of international law
    • Authors: Nienaber; Annelize
      Abstract: Over the years, scholarly debate regarding the teaching of international law at undergraduate level has centered on various concerns. A variety of teaching methods have been examined: scholars have explored the suitability of less-traditional teaching methods, such as moot courts, simulations and debates, and the use of student learning teams, amongst others. More recently, responding to the demands of the information age, scholars have discussed the use of hybrid and blended teaching methods in international law. In addition, the perspective from which international law should be taught has been debated: some scholars advocate that international law should be taught from the perspective of the municipal legal system (or transnationally); others argue that it should be taught as purely international. Being new to the teaching of international law, I have read with great interest and excitement the contributions on international law teaching methods and the debate around the perspective from which international law should be taught. With this article I should like to add my thoughts on the issue of why law students experience difficulties with the subject of international law - more so than with other law subjects. I think this problem is central to the debate on how the teaching of international law should be approached.
      PubDate: 2014-10-30T11:16:27Z
       
  • South African Yearbook of International Law: Building dams to assuage the
           hunger for electricity : the Chilean Hydro-Aysén decision :
           judicial decisions
    • Authors: Beukes; Margaret
      Abstract: There is an evocative image of unspoilt wilderness - untamed and untainted by humankind - to the region shared by Argentina and Chile, known as Patagonia. Unfortunately, both this image and the reality has turned out, both in Chile and world-wide, to be the symbol of the clash between development/progress and the hunger for energy (electricity) to drive such progress on the one hand, and the conservation of unspoilt land on the other. What is more, this symbol also has a true human face since indigenous (and more often than not minority) communities living off the land, find themselves caught in the middle between these two poles. The danger looming over the pristine wilderness of Patagonia, is a proposed hydroelectric project involving the construction of five 'mega-dams' - the subject of the Chilean decision to be discussed.
      PubDate: 2014-10-30T11:16:26Z
       
  • South African Yearbook of International Law: Southern African events of
           international significance - 2011
    • Authors: Beukes; Margaret
      Abstract: Although it has been said that Africa is a slumbering giant slowly waking from a deep sleep as illustrated by increased growth rates in countries (unfortunately excluding South Africa which has shown a decline in financial growth), the reality is that as far as the African continent is concerned, a 'marginalisation' in the availability of information from certain countries is evident when trawling through various information sites in search of relevant information, and finding virtually nothing on the countries under review.
      PubDate: 2014-10-30T11:16:25Z
       
  • South African Yearbook of International Law: South Africa's foreign policy
           and international relations during 2012
    • Authors: Kotze; Dirk
      Abstract: The year 2012 was significant for South Africa's foreign policy and relations in the sense that the country held a seat on the United Nations (UN) Security Council, and, earlier in the year, completed its term as a member of the African Union (AU) Peace and Security Council. At the same time South Africa chaired SADC's Organ on Politics, Defence and Security Cooperation and was, therefore, specifically responsible for peace processes in Zimbabwe, Madagascar and the DRC. It was also the year after the global COP17/CMP7 meeting in Durban, and the complex developments in North Africa - Libya in particular. The year did not see significant formal policy developments save for the ANC's policy-making National Conference at which international relations were considered.
      PubDate: 2014-10-30T11:16:25Z
       
  • South African Yearbook of International Law: Literature : treaties and
           literature
    • Authors: Vrancken; P.
      Abstract: Literature
      PubDate: 2014-10-30T11:16:24Z
       
  • South African Yearbook of International Law: Treaties : treaties and
           literature
    • Authors: Van der Walt; Rika
      Abstract: Bilateral agreements signed or entered into force during the period 01.01.2012 to 31.12.2012.
      PubDate: 2014-10-30T11:16:24Z
       
  • South African Yearbook of International Law: Subject index
    • Abstract: Subject index
      PubDate: 2014-10-30T11:16:23Z
       
  • South African Yearbook of International Law: Table of cases
    • Abstract: Table of cases
      PubDate: 2014-10-30T11:16:23Z
       
  • South African Yearbook of International Law: State succession and treaty
           survival between the predecessor state and the other state party
    • Authors: Teles; Miguel Galvao
      Abstract: This article discusses 'treaty survival' in the light of the 1969 agreement between the Portuguese Republic and the Republic of South Africa governing the Cahora Bassa hydroelectric project. We therefore are dealing with a treaty, relating specifically to a territory that became the territory of a newly independent state, which continued between the original parties after independence with the newly independent state having consented to the survival of the treaty.
      PubDate: 2014-10-30T11:16:22Z
       
  • South African Yearbook of International Law: Constitutional pluralism, a
           recent trend in international constitutional law : European origins and
           the third world concerns
    • Authors: Gupta; Arpita
      Abstract: The growing body of literature dealing with the concept of constitutionalism is a reflection of a novel phenomenon observable in the rapid rise of transnational bodies, the expansion of the ambit of international law, and an increased obligation on the part of states to abide by international law and the decisions of transnational bodies. This development, which moves beyond the Westphalian model of ultimate state sovereignty in the international sphere, is exhibited in the cumulative coinage and use of transnational terminology like 'world order', 'global governance', 'global administrative law', and not least, 'globalisation'. In order to avoid chaos in terms of understanding this complex development, it is crucial to set out how the relationships and interactions operate at supranational levels. The constitutional perspective provides a cogent understanding and deep insight into the working of this development.
      PubDate: 2014-10-30T11:16:21Z
       
  • South African Yearbook of International Law: Developing South Africa as a
           gateway for foreign investment in Africa : a critique of South Africa's
           headquarter company regime
    • Authors: Oguttu; Annet Wanyana
      Abstract: Multinational enterprises which seek to invest in a geographical region often choose certain countries as a base from which they can expand their investments to the other countries in the region. When it comes to the African continent, South Africa is considered 'the economic powerhouse of Africa'. Its 'sizable economy, political stability and overall strength in financial services' makes the country a potential location from which foreign investors can extend their investments into the rest of Africa. Foreign investors would also be able to make use of South Africa's network of double taxation treaties to trade with other African countries.
      PubDate: 2014-10-30T11:16:20Z
       
  • South African Yearbook of International Law: An introduction to the
           articles on the responsibility of international organisations
    • Authors: Pronto; Arnold N.
      Abstract: As subjects of international law, international organisations are capable of incurring international responsibility for the commission of internationally wrongful acts. Even though this consequence of their status under international law has always been implied, it is only recently that it has been the subject of sustained examination. In 2011, the International Law Commission (ILC) adopted the 'Draft Articles on the Responsibility of International Organisations' (2011 RIO articles), which represent a major attempt at elaborating the consequences of breaches of international obligations owed by an international organisation to another subject of international law - whether a state or states or another international organisation. Their elaboration, which has not been without a measure of controversy, also serves as an interesting case-study on the contemporary process of the elaboration of international norms, and the promotion of their progressive development and codification within the context of the ILC.
      PubDate: 2014-10-30T11:16:19Z
       
  • South African Yearbook of International Law: Highlights from the office of
           the Chief State Law Adviser (international law)
    • Authors: De Wet; J. G. S.
      Abstract: It is again a privilege for the Office of the Chief State Law Adviser (International law) at the Department of International Relations and Cooperation to share some of its activities during 2011 with the wider international community. In a year in which the use of force by states - and the legal limits thereof - once again taxed international lawyers the world over, the law advisers of the office were often reminded of the conditions for self-defence set out in beautiful prose in the 1841 letter of the United States Secretary of State, Daniel Webster, to the British Minister in Washington, relating to the destruction of the vessel The Caroline. The famous 'Webster formula' listed a number of conditions that must be present for legitimate self-defence against a threat, amongst others that 'no moment for deliberation' must remain.
      PubDate: 2014-10-30T11:16:18Z
       
  • South African Yearbook of International Law: The 2011 EU Directive on
           Combating Human Trafficking : does the United Kingdom comply'
    • Authors: Wallace; Rebecca M. M., Janeczko, Fraser A. W.
      Abstract: This article examines the obligations addressed to European Union (EU) member states as set out in the 'Directive on Preventing and Combating Trafficking in Human Beings and Protecting its Victims' (Directive). The Directive, passed by the European Parliament and the Council of the EU on 5 April 2011, replaces an earlier 'Framework Decision on Combating Human Trafficking' (Framework Decision). On the EU's agenda for almost a decade since the passing of the Framework Decision, the Directive is significant in that it was adopted in the wake of the Lisbon Treaty reforms. Initially the United Kingdom (UK) expressed its intention not to participate in the Directive on the basis that ‘[the UK has] put everything that is in the Directive in place', although it did indicate that its position would be reviewed once the Directive had been passed. On 14 December 2010, the European Parliament voted overwhelmingly in favour of the Directive by 643 votes to 10; the UK opted in shortly thereafter. EU member states now have two years in which to align their domestic laws with the Directive. This article analyses and evaluates the extent to which the obligations contained in the Directive are already assumed under existing international law and, in the case of the UK, in current domestic law.
      PubDate: 2014-10-30T11:16:18Z
       
  • South African Yearbook of International Law: Promoting conversations in a
           state-centric reality - queer and feminist perspectives on the
           consultative structure set up by the United Nations under article 71 of
           the UN Charter : notes and comments
    • Authors: Rudman; E.A.B.
      Abstract: The Convention on the Elimination of All Forms of Discrimination Against Women (the CEDAW Convention) has been in force for over thirty years; but the battle against discrimination and abuse of women is far from over. In the reverberation of the anti-essentialist critique of the second wave of the (legal) feminist movement, we are in need of as many perspectives and experiences as possible to find new and innovative ways of protecting the basic rights of women to life, equality, health and dignity. In the fight against gender inequality, women around the world have traditionally formed networks and coalitions to advance women's rights, to educate the public, and to give greater exposure to the many problems women face around the globe.
      PubDate: 2014-10-30T11:16:17Z
       
  • South African Yearbook of International Law: Good governance and political
           stability in Africa : is the APRM working' : notes and comments
    • Authors: Abioye; Funmi
      Abstract: The African Peer Review Mechanism (APRM) is no longer new to us in Africa. Since it was first mooted in 2002, and established in 2003 as a mechanism to monitor and measure adherence to the rule of law in Africa, there has been widespread interest in the structure and workings of the mechanism. The establishment of the APRM gave rise to both optimism and scepticism in Africa. The optimism was borne from the impression that finally the continent was doing something for itself about its problems, whereas the scepticism was based on the failure of various African initiatives to address the problems faced by the continent. As we approach a full decade of the functioning of the APRM, it is time to take stock, and to examine if indeed the mechanism has lived up to expectations, and if it is still relevant on the continent.
      PubDate: 2014-10-30T11:16:16Z
       
  • South African Yearbook of International Law: Rethinking the African
           integration process : a critical politico-legal perspective on building a
           democratic African Union : notes and comments
    • Authors: Fagbayibo; Babatunde
      Abstract: The truism that 'the quality of institution trumps everything else' continues to shape the mechanics of contemporary institution building. The bias for quality institutions stems from the understanding that they bring about high efficiency and qualitative output. The empirical reality of the centrality of strong institutions to growth and development in the post-1945 global order lends considerable weight to this belief. The economic recovery of western European nations after the Second World War, the rise of the 'Asian tiger' economies, the increasing relevance of the European Union (EU), and the Botswana phenomenon are some of the corollaries of quality institutions.
      PubDate: 2014-10-30T11:16:15Z
       
  • South African Yearbook of International Law: The African continent and the
           special situation/vulnerability principle in the climate change regime :
           notes and comments
    • Authors: Scholtz; Werner
      Abstract: Although the impact of climate change is global, these consequences are not evenly distributed. The Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment Working Group II Report makes it clear that Africa is one of the continents most vulnerable to the effects of climate change. During the twentieth century alone, the African continent has seen an average warming of 0,5 degrees. Climate variability and change will have a significant effect on the following: access to and demand for water, the agricultural sector, the use of energy, the health sector, coastal zones, tourism, settlements and infrastructure, as well as aquatic and terrestrial ecosystems. The African continent is, however, not responsible for this dire situation. The African contribution to climate change is negligible. African states contributed a meagre 3,6 per cent of global greenhouse gas emissions by 2000 and the per capita contributions from most African states are also minute.
      PubDate: 2014-10-30T11:16:15Z
       
  • South African Yearbook of International Law: The work of the Sixth
           Committee of the United Nations General Assembly in 2011
    • Authors: Pronto; Arnold N.
      Abstract: The Legal Committee of the General Assembly, commonly known as the 'Sixth Committee', is one of the Main Committees of the United Nations General Assembly. As its name suggests, it is the subsidiary body of the Assembly in which legal matters are to be considered. In practice, legal questions (including those relating to international law) are, on occasion, also raised in other Main Committees in relation to, for example, disarmament (First Committee) and the protection of human rights (Third Committee). Nonetheless, those issues are raised in particular contexts and linked to the specific competences of those Committees. The Sixth Committee enjoys a general competence over legal matters, without restriction to any specific topic or thematic area. Nor is it, necessarily, limited to considering matters of public international law (although the majority of its work tends to be in that area): it also considers legal questions pertaining more to private international law (such as those relating to trade and international commercial law), as well as the internal rules of organisation, for example, pertaining to the administration of justice within the United Nations. It has even considered some topics which arguably relate to the internal law of the members states of the United Nations.
      PubDate: 2014-10-30T11:16:14Z
       
  • South African Yearbook of International Law: The pseudo legal personality
           of non-state armed groups in international law : notes and comments
    • Authors: Waschefort; Gus
      Abstract: The notion of the 'Law of nations' was generally understood to be 'a body of rules and principles which are binding upon states in their relations with one another'. By 1949, when the International Court of Justice (ICJ) rendered its opinion in the Reparations for Injuries Suffered in the Employment of the United Nations case, it became clear that such a traditional conception of 'the law of nations' had become antiquated. Thus began the shift from a definition of 'the law of nations', that was limited to states as subjects of the law, to what we call now 'international law', which extends recognition of legal personality to entities other than states. International law scholarship and practice suggest that this extension of legal personality is very limited, and includes only international organisations, and in very exceptional circumstances, non-state organisations, such as the International Committee of the Red Cross.
      PubDate: 2014-10-30T11:16:14Z
       
  • South African Yearbook of International Law: The Tanzanian Court of
           Appeal, functional immunity and the East African Development Bank :
           foreign judicial decisions
    • Authors: Schlemmer; E.C.
      Abstract: The period after the two world wars saw a sharp increase in the creation of international organisations with different objectives and purposes and with different capacities and structures. Africa was no exception; a number of treaties were signed creating new organisations all aimed at assisting development in Africa. A range of regional organisations were formed and each of these created additional international organisations to assist in the development of the region.
      PubDate: 2014-10-30T11:16:13Z
       
  • South African Yearbook of International Law: Prison conditions, HIV and
           mental illness as a bar to extradition : South Africa again in the
           crosshairs : foreign judicial decisions
    • Authors: Olivier; Michele, Botha, Neville
      Abstract: As a British colony, subsequently a British Dominion, and finally an independent Republic, South Africa for many years owed most of its extradition arrangements to succession to treaties concluded by Britain and extended to South Africa as a British 'possession'. As a British possession, extradition between the United Kingdom and South Africa was governed, up to South African independence, not by treaty, but by the British Fugitive Offenders Act 1881 a piece of British municipal legislation.
      PubDate: 2014-10-30T11:16:12Z
       
  • South African Yearbook of International Law: The status of international
           treaties in the South African domestic legal system : small steps towards
           harmony in light of Glenister' : South African judicial decisions
    • Authors: Gowar; Christin
      Abstract: The Vienna Convention on the Law of Treaties defines a treaty as 'an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation'. When a treaty enters into force, it binds those who are party to it and obliges these parties to perform in terms of the treaty in good faith, without dictating how this should be done. When an international treaty enters into force, it becomes binding on the parties in the international sphere, but the status of international law obligations within a state's domestic legal system can vary. Whether the particular rights and obligations created in the international sphere by treaties give rise to enforceable domestic rights and obligations depends on the approach adopted by a state to the incorporation of international law into domestic law.
      PubDate: 2014-10-30T11:16:11Z
       
  • South African Yearbook of International Law: Constitutional and
           international law at a crossroads : diplomatic protection in the light of
           the Von Abo judgment : South African judicial decisions
    • Authors: Singh; Sandhiya
      Abstract: The application of the law of diplomatic protection has been relatively settled for some time. The individual, not a traditional subject of international law, has been reliant on his state of nationality to use diplomatic protection to protect his interests where a foreign state has violated his international human rights. South African courts have, in the past, followed international precedent when confronted with citizens seeking the state's exercise of diplomatic protection. Following the so-called land grabs in Zimbabwe, Von Abo, a South African, with farming interests in that country, approached the South African government and requested that it protect his property interests in Zimbabwe through the exercise of its right to diplomatic protection. When he obtained no relief, he approached the High Court.
      PubDate: 2014-10-30T11:16:11Z
       
  • South African Yearbook of International Law: South Africa's foreign policy
           : highlights during 2011
    • Authors: Spies; Yolanda
      Abstract: The first year of the second decade of the 21st century was replete with enormity in the international relations sphere, ranging from the natural disaster of Japan's earthquake, to the human-engineered financial meltdown at the heart of the world's largest economic bloc, the European Union. Within an otherwise turbulent year, some aspiring states took audacious steps: South Sudan became the world's newest sovereign state when it obtained independence on 9 July 2011 and less than a week later joined the United Nations (UN), while a few months later Palestine tried, with much fanfare but less success, to do the same.
      PubDate: 2014-10-30T11:16:10Z
       
  • South African Yearbook of International Law: Southern African events of
           international significance - 2010
    • Authors: Beukes; Margaret
      Abstract: Southern African events of international significance - 2010
      PubDate: 2014-10-30T11:16:09Z
       
  • South African Yearbook of International Law: Table of cases
    • Abstract: Table of cases
      PubDate: 2014-10-30T11:16:08Z
       
  • South African Yearbook of International Law: Treaties and literature
    • Authors: Van der Walt; Rika
      Abstract: Treaties and literature
      PubDate: 2014-10-30T11:16:08Z
       
  • South African Yearbook of International Law: The progressive development
           of the laws of the African Union : examining the potential contribution of
           the African Union Commission on International Law
    • Authors: Majinge; Charles Riziki
      Abstract: For Africa, the dawn of the 21st century not only heralded a new beginning - or the renaissance of the continent to quote Mbeki and Wade - it also fundamentally reaffirmed the long-held notion that Africa should take its rightful place within the community of nations and re-examine how it relates to the rest of the world. Historically, Africa has enjoyed a chequered history with its relationships premised on the colonial / subject status for many years. This not only affected Africa's development, but also its stature within the community of nations.
      PubDate: 2014-10-30T11:16:07Z
       
  • South African Yearbook of International Law: African international
           scholars and their contribution to the development of international law
    • Authors: Barrie; George
      Abstract: In the (2006) 31 South African Yearbook of International Law, Professor Neville Botha, Chairman of the Board of the Yearbook, announced that the Yearbook would forthwith from time to time reflect on international law scholars emerging from the African continent who had made an exceptional contribution. . The first such exceptional African international lawyer featured was Professor John Dugard. The second such acknowledged expert to be featured is Taslim Olawala Elias.
      PubDate: 2014-10-30T11:16:07Z
       
  • South African Yearbook of International Law: The day after no
           tomorrow' Persons displaced environmentally through climate change :
           AU law to the rescue'
    • Authors: Scholtz; Werner
      Abstract: The phenomenon of so-called 'environmental refugees' has received thorough consideration from scholars. The dire consequences of climate change in relation to migration patterns have placed the focus on 'environmental refugees' and even spawned a Hollywood movie which depicts the consequences of global warming in a series of extreme weather events that lead US refugees to flee to Mexico.
      PubDate: 2014-10-30T11:16:06Z
       
  • South African Yearbook of International Law: Relief workers : the hazards
           of offering humanitarian assistance in the theatre of war
    • Authors: Bosch; Shannon
      Abstract: In the early hours of 31 May 2010 an Israeli military operation supported by naval ships and helicopters, targeted a Turkish-registered vessel (the Mavi Marmara) and a Greek-registered vessel (the Sfendonii) in international waters. The two vessels were part of a convoy which was reportedly loaded with educational, medical and construction materials. Both vessels were staffed by six hundred civilians (allegedly neutral relief workers) from thirty-two nation states, whose intention was to end the Israeli blockade around Gaza. The world watched in amazement as media reports showed civilians fending off black clad Israeli forces as they rappelled onto the vessels. Before taking full control of the vessels and their cargo, the Israeli forces killed ten civilians and injured thirty others.
      PubDate: 2014-10-30T11:16:05Z
       
  • South African Yearbook of International Law: Prohibited weapons and the
           means and methods of warfare in the Rome statute
    • Authors: Strydom; Hennie
      Abstract: Included in the Rome Statute's definition of war crimes are acts committed in international armed conflicts and which involve the use of poison or poisoned weapons; asphyxiating, poisonous or other gases; bullets which expand or easily flatten in the human body; or weapons, projectiles and material and methods of warfare which cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict. The applicability of this last category is made subject to two conditions: firstly, the weapons etcetera, must be the subject of a 'comprehensive prohibition' and, secondly, must be included in an annex to the Statute which must be effected by an amendment of the Statute in accordance with articles 121 and 123 thereof.
      PubDate: 2014-10-30T11:16:04Z
       
  • South African Yearbook of International Law: Kampala, the International
           Criminal Court and the adoption of a definition of the crime aggression :
           a dream deferred
    • Authors: Tladi; Dire
      Abstract: The Rome Statute establishing the International Criminal Court (hereinafter referred to as the 'Rome Statute') was adopted on 17 July 1998 and entered into force on 1 July 2002. Interest in the activities of the International Criminal Court (hereinafter referred to as the 'ICC' or the 'Court'), both in news and academic publications, have escalated in the last five years. The rise in the interest in the Court's work occurred as a result of two largely contradictory factors, namely the potential threat to the integrity of the Court caused by the political storm arising from the arrest warrant issued by the Court against President Al Bashir of Sudan, on the one hand and, on the other, the excitement surrounding the Review Conference and the possibility that the Review Conference could operationalise the crime of aggression.
      PubDate: 2014-10-30T11:16:04Z
       
  • South African Yearbook of International Law: Highlights from the office of
           the Chief State Law Adviser (International Law)
    • Authors: De Wet; J.G.S.
      Abstract: The Office of the Chief State Law Adviser (International Law) experienced another busy year during 2010, and is privileged to share this overview of its work with the wider international law community. The contribution reflects the strategic priorities of the Department of International Relations and Cooperation (DIRCO) in the formulation and conduct of South African foreign policy.
      PubDate: 2014-10-30T11:16:03Z
       
  • South African Yearbook of International Law: The African Commission on
           Human and Peoples' Rights and human rights education : much buzzing, still
           no honey'
    • Authors: Ibrahim; Abadir M.
      Abstract: An interesting paradox about human rights is that they are a 'common language of humanity', but at the same time they could easily be forgotten unless continuously taught and learnt. This paradox is evident in the Preamble of the Universal Declaration of Human Rights (the Universal Declaration) which declares that rights are inherent in human nature, but goes on to emphasise that it is only through teaching and education that these rights will be realised. Since its mention in the Universal Declaration, human rights education has been developing in substantive international law and is now taken as a necessary component to the achievement of a universal order of human dignity.
      PubDate: 2014-10-30T11:16:03Z
       
  • South African Yearbook of International Law: Another stormy year for the
           International Criminal Court and its work in Africa : notes and comments
    • Authors: Gevers; Christopher, Du Plessis, Max
      Abstract: In our contribution to these pages last year we suggested 2010 held promise of a rapprochement between the International Criminal Court (ICC or the court) and African states. The source of our optimism was the ICC's inaugural Review Conference, taking place in June on the shores of Lake Victoria in Kampala, Uganda. It presented an opportunity for states to 'take stock' of the court's work and for African states to raise their concerns regarding the court's structure and operation.
      PubDate: 2014-10-30T11:16:02Z
       
  • South African Yearbook of International Law: The Counterfeit Goods Act and
           its international equivalents : notes and comments
    • Authors: Kelbrick; Roshana
      Abstract: International trade in counterfeit and pirated goods has grown enormously in the past two decades. Easier mobility, mass manufacture, and increasing demand have resulted in a flood of such goods. They cover all types of products; luxury goods, pharmaceuticals, machinery, and electronics. The scale of counterfeiting and the financial implications are enormous - one report on the phenomenon quotes a figure of 200 billion US dollars for 2005 international trade. A number of the more recent international treaties and arrangements have attempted to deal with this growing phenomenon.
      PubDate: 2014-10-30T11:16:02Z
       
  • South African Yearbook of International Law: Moving towards universal
           jurisdiction' United States Courts and the Alien Tort Statute : notes
           and comments
    • Authors: Barrie; George
      Abstract: In an attempt to give victims of human rights violations wherever they may have been committed a forum, courts in the United States have breached traditional doctrines of state sovereignty and territorial jurisdiction. In so acting many of these decisions have been controversial. Some of the cases have taken a firm stand against exercising judicial power beyond United States borders. Others have reached beyond United States borders to enforce international human rights law despite objections related to jurisdictional issues. The overall thrust of these cases has been to embrace principles of universal jurisdiction and to see violations of international human rights as being the business of United States courts. The effect of this has been to break a cycle of impunity for egregious human rights atrocities and send a message that there is no safe haven for crimes such as torture, crimes against humanity, war crimes, and genocide. This article will attempt briefly to set out how this has been achieved.
      PubDate: 2014-10-30T11:16:01Z
       
  • South African Yearbook of International Law: The recognition of
           'indigenous peoples' and their rights as 'a people' : an African first :
           foreign judicial decisions
    • Authors: Beukes; Margaret
      Abstract: It is trite that 'justice delayed is justice denied' and in the decision of the African Commission in Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v Kenya (the Endorois case) one finds a prime example of the truth of this adage. The cause of action - Kenya's displacement of an indigenous community from their ancestral lands - arose almost half a century ago (in the 1970s). The first tentative steps in having the dispute settled through official channels were taken only in late 1994 when the Endorois community met with the then President of Kenya, Daniel Arap Moi (their Member of Parliament), to voice their concerns. Nearly ten years after this meeting with the President (in 2003) non-governmental organisations (NGOs), acting on behalf of the community filed a complaint with the African Commission on Human and Peoples' Rights (ACHPR) (the African Commission) against the Kenyan state (the respondent state).
      PubDate: 2014-10-30T11:16:00Z
       
  • South African Yearbook of International Law: International law in action :
           the Office of the Chief State Law Adviser (International Law) at the
           Department of International Relations and Cooperation : notes and comments
           
    • Authors: Stemmet; Andre
      Abstract: The international lawyer today forms an integral part of modern diplomatic architecture. Most states employ lawyers to advise on the legal aspects of foreign policy, either within foreign ministries or in other branches of government, such as Ministries of Justice or Attorney-General's Offices. Surprisingly, however, literature and diplomacy pay very little attention to the role and influence of international lawyers on diplomacy and foreign policy.
      PubDate: 2014-10-30T11:16:00Z
       
  • South African Yearbook of International Law: First Review Judgment of the
           ICTY Appeals Chamber : foreign judicial decisions
    • Authors: Shaik-Peremanov; Nazreen
      Abstract: On 25 May 1993, the United Nations (UN) Security Council adopted resolution 827 formally establishing the International Criminal Tribunal for the former Yugoslavia (ICTY). This resolution contained the Statute of the ICTY which was the first war crimes court established by the UN, and the first international war crimes tribunal since the Nuremberg and Tokyo tribunals.
      PubDate: 2014-10-30T11:15:59Z
       
 
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