The implementation of international law in Germany and South Africa

The implementation of international law in Germany and South Africa
Author: Mehrdad Payandeh
Publisher: PULP
Total Pages: 538
Release: 2015-07-23
Genre: International law
ISBN: 1920538364

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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

Transnational Impacts on Law
Author: Charl Hugo
Publisher: Nomos Verlagsgesellschaft
Total Pages: 0
Release: 2017
Genre: Conflict of laws
ISBN: 9783848746118

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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

The Constitutional Protection and Regulation of Property and its Influence on the Reform of Private Law and Landownership in South Africa and Germany
Author: Hanri Mostert
Publisher: Springer
Total Pages: 0
Release: 2002-12-15
Genre: Law
ISBN: 9783642559327

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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

Ethiopian Yearbook of International Law 2016
Author: Zeray Yihdego
Publisher: Springer
Total Pages: 236
Release: 2017-06-09
Genre: Law
ISBN: 3319558986

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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.

Proportionality and Judicial Activism

Proportionality and Judicial Activism
Author: Niels Petersen
Publisher: Cambridge University Press
Total Pages: 261
Release: 2017-03-02
Genre: Law
ISBN: 1107177987

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This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.

The Oxford Handbook of Comparative Environmental Law

The Oxford Handbook of Comparative Environmental Law
Author: Emma Lees
Publisher: Oxford University Press
Total Pages: 1092
Release: 2019-04-25
Genre: Law
ISBN: 0192508385

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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)

Peremptory Norms of General International Law (Jus Cogens)
Author: Dire Tladi
Publisher: BRILL
Total Pages: 806
Release: 2021-08-16
Genre: Law
ISBN: 9004464123

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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

Re-invigorating ubuntu through water: A human right to water under the Namibian Constitution
Author: Ndjodi Ndeunyema
Publisher: Pretoria University Law Press
Total Pages: 291
Release: 2021-10-01
Genre: Law
ISBN:

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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

Treaties in Parliaments and Courts
Author: Felix Lange
Publisher: Edward Elgar Publishing
Total Pages: 353
Release: 2024-03-14
Genre: Political Science
ISBN: 1035324350

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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.