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Non-Standard Workers: The South African Context, International Law and Regulation by The European Union
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The Ramifications of International Law in South Africa: Blind SA v Minister of Trade, Industry and Competition (CCT 320/21) [2022] ZACC 33 (21 September 2022)
Published 2024-02-01“…The main concern for this contribution is the overreliance on a non-ratified treaty – the Marrakesh Treaty –, which calls for the assessment of the place of international law in South Africa. The paper finds that while the issues raised in the Blind SA case – the rights of people with disability – are legitimate, the manner in which they were raised went beyond the prescripts of the Constitution. …”
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International Commercial Law Emerging in Africa
Published 2022-10-01Subjects: Get full text
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Tacit Choice of Law in International Commercial Contracts. An Analysis of Future Instruments of Developmental Organisations
Published 2023-10-01Subjects: Get full text
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The Sanctions Debate in the Work of the United Nations Since the 2000 Working Paper
Published 2022-10-01Subjects: Get full text
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TOWARDS THE PROTECTION OF HUMAN RIGHTS: DO THE NEW ZIMBABWEAN CONSTITUTIONAL PROVISIONS ON JUDICIAL INDEPENDENCE SUFFICE?
Published 2014-04-01Subjects: “…Constitutional Reforms; Democracy; Executive; Human Rights; Independence; Interference; International Law; Judiciary; Legislature; Protection; Rule of Law; Separation of Powers; Zimbabwe…”
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The UCP as a Choice of Non-State Law in International Commercial Contracts
Published 2022-10-01Subjects: Get full text
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Justice Delayed but not Denied: The Prosecution of Thomas Kwoyelo for International Crimes in Uganda
Published 2023-06-01“… This article investigates the challenges of the application of international law in a domestic setting as depicted in the ongoing trial of Thomas Kwoyelo. …”
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Surrogacy in Indonesia: The comparative legality and Islamic perspective
Published 2023-03-01“…This study indicated that most do not have a specific legal instrument regarding surrogacy practice. International law also does not have a standard legal instrument regarding the legality of surrogacy. …”
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South Africa’s jurisdictional challenge with the under-development of crossborder commercial litigation: Litigation v Arbitration
Published 2022-01-01“…Private international law is a globally established field of law however, its pre-eminence in Africa is insignificant and this has been as a result of its relevance, which according to many scholars is arguable. …”
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Hands off our Intangible Cultural Heritage - Khoin v Jenkins in re: Observatory Civic Association v Trustees for the Time Being of the Liesbeek Leisure Properties Trust
Published 2023-11-01“…The text of the judgment is interpreted in the light of judicial precedent, literature and domestic (South African) and international law. One of the key findings is that "intangible heritage" is an integral part of both domestic and international law, and the Khoin-case gives judicial recognition to the concept as a part of South African heritage law. …”
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Challenge and Opportunity: the ALI/III Global Principles Project
Published 2008-04-01“…The inclusion of the challenges of harmonisation of private international law is also contributing to current debate.…”
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Child rights jurisprudence without borders: Developments in extraterritorial jurisdiction
Published 2023-01-01“…It also considers whether the CRC Committee is ‘pushing the boundaries’ of international law on extraterritorial jurisdiction in its recent decisions, one of which concerns the repatriation of the children of foreign fighters in the camps in North East Syria, and the other relates to transboundary harms caused by climate change. …”
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ICT LAWS IN NIGERIA: PLANNING AND REGULATING A SOCIETAL JOURNEY INTO THE FUTURE
Published 2014-09-01Get full text
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The Pursuit of Sustainable Development Through Cultural Law and Governance Frameworks: A South African Perspective
Published 2015-12-01“…This article will examine the infiltration of culture into the contemporary understanding of sustainable development and the relevance of international law developments to domestic (South African) law and policy with regards to sustainable development and culture.…”
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Including Children's Views in Divorce Mediation: A Comparative Analysis and Recommendations or Kenya
Published 2024-02-01“…The extent to which these three countries have domesticated and implemented relevant international law and policies is compared. Recommendations are provided for Kenya, where empirical research was undertaken to establish the practices and attitudes of Kenyan divorce mediators. …”
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Tackling the “shadow pandemic”: the development of a positive duty on adults to report domestic violence
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Vrijheid van meningsuiting en godsdienst versus het non-discriminatiebeginsel
Published 2000-08-01“…A certain tension between freedom of expression and the proscription of discrimination is present in post World War II international law. This tension is dealt with differently in different jurisdictions. …”
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