The implementation of international law in Germany and South Africa

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Author :
Publisher : PULP
ISBN 13 : 1920538364
Total Pages : 538 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis The implementation of international law in Germany and South Africa by : Mehrdad Payandeh

Download or read book The implementation of international law in Germany and South Africa written by Mehrdad Payandeh and published by PULP. This book was released on 2015-07-23 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Africa, the power house of the African continent, as well as Germany, Europe’s largest economic power, are faced with an intricate maze of international obligations, whether related to the United Nations, the World Trade Organization, the African Union or the European Union (EU), international human rights law, international humanitarian law, or any other sub-regime of international law. The two countries are in a different position when facing the implementation of this maze of obligations. South Africa is a developing economy that faces various capacity challenges which, at times, also impact the manner and extent to which it implements its international treaty obligations. Germany, ont the other hand, benefits from comparatively well-funded institutes of international law and a well-trained academic community, which have contributed to the successful implementation of much of international law. But as the relevant chapters in this volume show, the German case is not without its own complexities. As a result, an exchange of ideas and experiences pertaining to the implementation of international obligations can prove fruitful for both countries. Moreover, such an exchange could also serve as a useful point of departure for other countries in Southern Africa that face similar challenges in relation to implementation. The current book explores suitable techniques of implementation of international law, by comparing South Africa with Germany. After a general overview of the status of international law within Germany and South Africa respectively, it focuses on the implementation of international instruments pertaining to key sub-areas of international law in the two countries. These include the United Nations Charter (peace and security), the international law of the sea, international economic law, international environmental law, international human rights law, international criminal law, regional integration, and the status of international judicial decisions before domestic courts.

Transnational Impacts on Law

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Author :
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783848746118
Total Pages : 0 pages
Book Rating : 4.7/5 (461 download)

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Book Synopsis Transnational Impacts on Law by : Charl Hugo

Download or read book Transnational Impacts on Law written by Charl Hugo and published by Nomos Verlagsgesellschaft. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, containing research on transnational impacts on law from a South African and German perspective, is the culmination of collaboration between the University of Augsburg and the University of Johannesburg over the past decade. Topics of high current interest are introduced by South African scholars and responded to by their German counterparts, which leads to a deeper understanding of open legal questions in both legal systems.

The Constitutional Protection and Regulation of Property and its Influence on the Reform of Private Law and Landownership in South Africa and Germany

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Author :
Publisher : Springer
ISBN 13 : 9783642559327
Total Pages : 0 pages
Book Rating : 4.5/5 (593 download)

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Book Synopsis The Constitutional Protection and Regulation of Property and its Influence on the Reform of Private Law and Landownership in South Africa and Germany by : Hanri Mostert

Download or read book The Constitutional Protection and Regulation of Property and its Influence on the Reform of Private Law and Landownership in South Africa and Germany written by Hanri Mostert and published by Springer. This book was released on 2002-12-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The degree to which the traditional concept of property can be adjusted in order to accommodate basic constitutional concepts such as freedom and social duty, is analysed by the author. The focus is placed on recent reforms in the land law of Germany and South Africa. Remarkable similarities in the history, structure and interpretation of German and South African property law and constitutional law are indicated and a link between private law, constitutional law, land reform and legal comparison is established. This is of particular significance for the implementation of the constitutional objectives of land reform by the South African judiciary and legislature. It furthermore provides an overview of the intricate system of constitutional property protection that has been developed in German law.

Ethiopian Yearbook of International Law 2016

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Author :
Publisher : Springer
ISBN 13 : 3319558986
Total Pages : 238 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Ethiopian Yearbook of International Law 2016 by : Zeray Yihdego

Download or read book Ethiopian Yearbook of International Law 2016 written by Zeray Yihdego and published by Springer. This book was released on 2017-06-09 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first volume of EtYIL focuses on issues concerning the developing world in general and (the Horn of) Africa – and Ethiopia – specifically. It argues that rebalancing the international law narrative to reflect Africa’s legitimate interests is an urgent priority, and can only succeed through the fair representation of African countries in the creation and interpretation of international law.The book begins by reflecting on the ICJ’s West African Cases and provides a unique perspective on decolonisation as a source of jus cogens and obligations erga omnes. This is followed by a comprehensive analysis of the reception of international law in the Ethiopian legal system, and of the potential implications of Ethiopia joining the WTO. The book then delves into such topical issues as the relationship between competition for natural resources and international investment law, the UN Global Goals and the fledgling international climate change regime, with particular emphasis on the Paris Climate Agreement and their implications for developing countries. Further issues include the Declaration of Principles on the Grand Ethiopian Renaissance Dam signed by Ethiopia, Sudan and Egypt in light of Nile colonial treaties and contemporary international watercourses law, as well as selected legal implications of the armed conflict in South Sudan. Gathering high-quality scholarship from diverse researchers, and examining a constellation of critical international law issues affecting developing countries, especially African countries, the book offers a unique resource.

The Oxford Handbook of Comparative Environmental Law

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Publisher : Oxford University Press
ISBN 13 : 0192508385
Total Pages : 1092 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Comparative Environmental Law by : Emma Lees

Download or read book The Oxford Handbook of Comparative Environmental Law written by Emma Lees and published by Oxford University Press. This book was released on 2019-04-25 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.

Peremptory Norms of General International Law (Jus Cogens)

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Author :
Publisher : BRILL
ISBN 13 : 9004464123
Total Pages : 806 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Peremptory Norms of General International Law (Jus Cogens) by : Dire Tladi

Download or read book Peremptory Norms of General International Law (Jus Cogens) written by Dire Tladi and published by BRILL. This book was released on 2021-08-16 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.

Re-invigorating ubuntu through water: A human right to water under the Namibian Constitution

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Author :
Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 291 pages
Book Rating : 4./5 ( download)

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Book Synopsis Re-invigorating ubuntu through water: A human right to water under the Namibian Constitution by : Ndjodi Ndeunyema

Download or read book Re-invigorating ubuntu through water: A human right to water under the Namibian Constitution written by Ndjodi Ndeunyema and published by Pretoria University Law Press. This book was released on 2021-10-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and articulates the correlative duties within the context of the respect – protect – fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission’s Principles and Guidelines on Social and Economic Rights, and the World Health Organisation’s Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.

Treaties in Parliaments and Courts

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1035324350
Total Pages : 353 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Treaties in Parliaments and Courts by : Felix Lange

Download or read book Treaties in Parliaments and Courts written by Felix Lange and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.

Research Handbook on Compliance in International Human Rights Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971124
Total Pages : 576 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on Compliance in International Human Rights Law by : Grote, Rainer

Download or read book Research Handbook on Compliance in International Human Rights Law written by Grote, Rainer and published by Edward Elgar Publishing. This book was released on 2021-10-21 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.

The Gambia in transition: Towards a new constitutional order

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Author :
Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4./5 ( download)

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Book Synopsis The Gambia in transition: Towards a new constitutional order by : Satang Nabaneh

Download or read book The Gambia in transition: Towards a new constitutional order written by Satang Nabaneh and published by Pretoria University Law Press. This book was released on 2022-09-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Gambia opened a new chapter in her history after 22 years of authoritarian rule under former dictator Yahya Jammeh, heralding the promise of a ‘New Gambia.’ The country is at a critical juncture in its transition from Jammeh’s autocratic rule to a fully-fledged democracy. The ambitious transitional processes include the Truth Reparations and Reconciliation Commission to create an official record of past abuses and crimes, the Constitutional Review Commission to draft a new Constitution, and the permanent National Human Rights Commission to build a human rights culture. The Gambia in transition: Towards a new constitutional order is a diverse collection of timely, rigorous, and insightful essays on human rights, constitutional reform, rule of law and democratic governance. It serves as an important reference for academics, policymakers, researchers, civil society organisations, human rights defenders, learners, and the public at large.

The Oxford Handbook of International Environmental Law

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Publisher : Oxford University Press
ISBN 13 : 0192589032
Total Pages : 1104 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Environmental Law by : Lavanya Rajamani

Download or read book The Oxford Handbook of International Environmental Law written by Lavanya Rajamani and published by Oxford University Press. This book was released on 2021-08-06 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.

The UN Watercourses Convention in Force

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Publisher : Routledge
ISBN 13 : 1136484388
Total Pages : 422 pages
Book Rating : 4.1/5 (364 download)

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Book Synopsis The UN Watercourses Convention in Force by : Flavia Rocha Loures

Download or read book The UN Watercourses Convention in Force written by Flavia Rocha Loures and published by Routledge. This book was released on 2013-09-11 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the UN General Assembly in 1997, an overwhelming majority of States voted for the adoption of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses – a global overarching framework governing the rights and duties of States sharing freshwater systems. Globally, there are 263 internationally shared watersheds, which drain the territories of 145 countries and represent more than forty percent of the Earth's land surface. Hence, inter-State cooperation towards the sustainable management of transboundary water supplies, in accordance with applicable international legal instruments, is a topic of crucial importance, especially in the context of the current global water crisis. This volume provides an assessment of the role and relevance of the UN Watercourses Convention and describes and evaluates its entry into force as a key component of transboundary water governance. To date, the Convention still requires further contracting States before it can enter into force. The authors describe the drafting and negotiation of the Convention and its relationship to other multilateral environmental agreements. A series of case studies assess the role of the Convention at various levels: regional (European Union, East Africa, West Africa, Central Asia, Central America and South America), river basin (e.g. the Mekong and Congo) and national (e.g. Ethiopia and Mexico). The book concludes by proposing how future implementation might further strengthen international cooperation in the management of water resources, to promote biodiversity conservation as well as sustainable and equitable use.

The IMLI Treatise On Global Ocean Governance

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Publisher : Oxford University Press
ISBN 13 : 0192557475
Total Pages : 464 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The IMLI Treatise On Global Ocean Governance by : David M Ong

Download or read book The IMLI Treatise On Global Ocean Governance written by David M Ong and published by Oxford University Press. This book was released on 2018-07-12 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of UN as the central intergovernmental organization responsible for global ocean governance. It examines the ocean governance challenges and how the present legal, policy, and institutional frameworks of the UN have addressed these challenges. It identifies the strengths and weaknesses of UN legal structures and offers tangible proposals to realize the ambition of a global ocean governance system.

Customary International Humanitarian Law

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Publisher : Cambridge University Press
ISBN 13 : 0521808995
Total Pages : 610 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

The International Criminal Court

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Publisher : Oxford University Press, USA
ISBN 13 : 0199560730
Total Pages : 1331 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The International Criminal Court by : William Schabas

Download or read book The International Criminal Court written by William Schabas and published by Oxford University Press, USA. This book was released on 2010 with total page 1331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has been operational since mid-2003, following the entry into force of the Rome Statute of the International Criminal Court on 1 July 2002. The Rome Statute is among the most complex international treaties, a combination of public international law, international humanitarian law and criminal law, both international and domestic. The Commentary provides an article-by-article analysis of the Statute. Each of the 128 articles is presented accompanied by a bibliography of academic literature relevant to that provision, an overview of the drafting history of the provision and an analysis of the text. The analytical portion of each chapter draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and the related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence and the Relationship Agreement with the United Nations. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret and apply the complex provisions of the Rome Statute

The Acquisition of Africa (1870-1914)

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Publisher : BRILL
ISBN 13 : 9004321195
Total Pages : 364 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Acquisition of Africa (1870-1914) by : Mieke van der Linden

Download or read book The Acquisition of Africa (1870-1914) written by Mieke van der Linden and published by BRILL. This book was released on 2016-10-13 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used treaties to acquire territory. The question is raised whether Europeans did or did not on a systematic scale breach these treaties in their expansion of empire.

International Law Reports

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Publisher : Cambridge University Press
ISBN 13 : 0521879213
Total Pages : 757 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis International Law Reports by : Elihu Lauterpacht

Download or read book International Law Reports written by Elihu Lauterpacht and published by Cambridge University Press. This book was released on 2008-02-28 with total page 757 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports in English on decisions of international courts and arbitrators and judgments of national courts.