{"title":"Five Decades of the Nuclear Non-Proliferation Treaty: Time to Pass the Baton to the UN Security Council?","authors":"G. Barrie","doi":"10.25159/2521-2583/9561","DOIUrl":"https://doi.org/10.25159/2521-2583/9561","url":null,"abstract":"The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) came into force in 1970. After renouncing its nuclear weapons programme, South Africa became a party to the NPT in 1991. The NPT is the principal international instrument aimed at preventing the spread of nuclear weapons. The NPT has generated various other treaties with similar aims, which, together with the NPT, constitute the ‘nuclear non-proliferation regime’. The NPT has, for various reasons, not been a success. Whether the NPT has achieved nuclear non-proliferation is a moot point–a concept which implies nuclear disarmament. For example, there is evidence of a network of covert operations marketing nuclear technology; some non-NPT states have clandestinely embarked on nuclear weapons programmes, and some NPT states have threatened to adopt a policy of actual or pre-emptive use of nuclear weapons even against non-nuclear weapons states for its deterrent value. Alarm bells are ringing regarding the interpretation of ‘peaceful’ and ‘non-peaceful’ uses of nuclear energy. Despite the NPT, nothing prohibits the testing and refinement of existing nuclear weapons technology. Certain questions need to be answered. Has the NPT not become an instrument of rhetorical posturing by the five major nuclear weapon states–the ‘Club of Five’? Why has none of the Club of Five given their nuclear weapons up? Where do the Club of Five get the moral authority to declare that introducing new members on the Club is unacceptable? Instead of concentrating on the non-proliferation of nuclear weapons as the NPT does, should there not rather be an emphasis on the total prohibition of all nuclear weapons? It is submitted that a more active role for the UN in nuclear non-proliferation issues be considered. All UN Secretaries-General have made nuclear non-proliferation one of their top priorities. Kofi Annan concluded that the NPT was the victim of insufficient progress in not only nuclear non-proliferation but also nuclear disarmament and that the world was sleepwalking towards a nuclear disaster. The basis for greater involvement of the UN Security Council in nuclear non-proliferation and nuclear disarmament is to be found in the Statute of the International Atomic Energy Agency, the Statute of the NPT, the UN Charter and in Security Council Relations 1540 of 2004 and 1929 of 2010. The argument is put forward that as the Security Council has the legal authority to determine threats to the peace or acts of aggression and make recommendations or decide what measures shall be taken regarding it, utilising that body may be a more meaningful route to follow than the NPT which appears to have reached its sell-by date.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128869886","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Editorial Introduction to the Special Issue: Evaluating the Sufficiency of the African Charter on the Rights and Welfare of the Child to Enable the Social, Economic and Cultural Rights of Children in Africa—National Experiences","authors":"Elvis Fokala, Nkatha L. Murungi, Nqobani Nyathi","doi":"10.25159/2521-2583/14135","DOIUrl":"https://doi.org/10.25159/2521-2583/14135","url":null,"abstract":"","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132452737","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Not a Threat, an Opportunity: Regional Approaches and the Future of International Law","authors":"Apollin Koagne Zouapet","doi":"10.25159/2521-2583/10750","DOIUrl":"https://doi.org/10.25159/2521-2583/10750","url":null,"abstract":"The discourse of international law has always been careful to denounce anything that could undermine the universality of international law. Consequently, it has developed new ideas and mechanisms that can help to curb any risk of fragmentation. In parallel with this movement, there are increasingly pressing calls for greater consideration of multiculturalism and pluralism in international law. The present reflection focuses on the articulation of these two movements by asking whether regional approaches to international law (RAIL) pose a real threat to the coherence and integrity of international law. The article concludes that RAIL can—under certain conditions—be a source of enrichment and consolidation of international law.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"6 18","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120838326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Amicable Settlements: A Comment on Guideline 13(2)(v) of the Revised Guidelines for Consideration of Communications and Monitoring Implementation of Decisions by the African Committee of Experts on the Rights and Welfare of the Child","authors":"R. D. Nanima","doi":"10.25159/2521-2583/11899","DOIUrl":"https://doi.org/10.25159/2521-2583/11899","url":null,"abstract":"The African Committee on the Rights and Welfare of the Child (African Children’s Committee) is mandated to monitor the implementation of the African Charter on the Rights and Welfare of the Child in Africa (African Children’s Charter). The African Children’s Committee has developed Revised Guidelines for Consideration of Communications and Monitoring Implementation of Decisions by the African Committee of Experts (RCG) which provide for amicable settlements. This contribution argues that the implementation of amicable settlements presents gaps that do not reconcile the substantive aspects on the one hand and the procedural on the other, in terms of practical implementation. This contribution contextualises the use of amicable settlements in international law and evaluates their use by the African Children’s Committee. The comment examines the application of Guideline 13(2)(v) and its consequential implications and it is proposed that it should be revisited to distinguish between the substantive and procedural aspects of the amicable settlements and how they should be handled to their logical conclusion.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127159304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Regional Collaboration for Aircraft Accident Investigation as Impetus for Aviation Safety in Africa","authors":"A. Adediran","doi":"10.25159/2521-2583/11853","DOIUrl":"https://doi.org/10.25159/2521-2583/11853","url":null,"abstract":"Aircraft accident investigation is a feedback mechanism which enhances aviation safety by identifying inadequacies and also taking steps to prevent future accidents. Investigation in this regard is to be carried out by International Civil Aviation Organisation (ICAO) states through national accident investigation authorities and should there be a lack of human or economic resources, regional accident investigation organisations can be formed by states to benefit from a balance on economies of scale. This article examines regional collaboration for aircraft accident investigation in Africa. It finds that the performance of African States in the area of aircraft accident investigation is below average and also notes that a major cause of this inadequacy is a lack of both human and economic resources. It thereby posits that regional collaborations on aircraft accident investigation among African states will advance aviation safety in Africa, and it is thus necessary for African states to collaborate on this. While acknowledging the contributions of the Banjul Accord Group Accident Investigation Agency, a case is made for the establishment of regional aircraft accident investigation organisations in Africa on a wider scale through the existing regional economic communities recognised by the African Union.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116077992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Impact of COVID-19 on the Realisation of Children’s Right to Education in Light of the 4IR in Zimbabwe","authors":"O. Sibanda","doi":"10.25159/2521-2583/10972","DOIUrl":"https://doi.org/10.25159/2521-2583/10972","url":null,"abstract":"The COVID-19 pandemic caused the largest disruption in fulfilling the right to education, since the coming into force of the African Charter on the Rights and Welfare of the Child (ACWRC/the Charter). Among other human rights treaties, Zimbabwe ratified the ACRWC in February 1995. Since then, the government has enacted laws and further established institutions and programmes to enable the implementation of the child’s right to education. Given Zimbabwe’s current developmental and economic challenges, the implementation of the right to education has not been perfect. However, the outbreak of COVID-19 interrupted the process of implementation and completely overhauled traditional methods of education. The pandemic increased digital transformation in the education sector, as several Fourth Industrial Revolution (4IR) tools were unleashed in primary and secondary education settings. Educational activities switched to the digital environment to ensure continuity in learning. This article seeks to evaluate the impact of the Covid-19 pandemic on the realisation of the right to education in the context of the growing need to curb the spread of COVID-19 and to adapt to the 4IR and blended learning.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127880675","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Child’s Play or Sexual Abuse? The Efficacy of International Law in Dealing with Child-to-Child Sex: A Ugandan Perspective","authors":"Z. Nampewo","doi":"10.25159/2521-2583/11014","DOIUrl":"https://doi.org/10.25159/2521-2583/11014","url":null,"abstract":"International and regional laws on children’s rights are fairly well developed and cover aspects of social rights such as the protection of children from sexual abuse. A dilemma remains however on the issue of child-to-child sex leaving many grey areas on how to deal with this predicament at the domestic level. Social and cultural norms that perceive adolescent sexual conduct negatively complicate matters further. This article uses Uganda as a case study to examine the sufficiency of the United Nations Convention on the Rights of the Child (UN CRC) and the African Children’s Charter in protecting child victims involved in child-to-child sex. Further, it interrogates the extent to which the law of Uganda legislates sexual intercourse for persons below the age of eighteen. The focus and backdrop of this article is based on a Ugandan landmark court ruling, that struck down the offence of child-to-child sex. It advocates for the adoption of jurisprudence both through case law as well as General Comments to expound on this critical issue especially at the African regional level where the prevalence of sexual violence by children is increasing. It also calls for less focus on criminalisation, but rather, child-centred interventions that seek to empower children’s participation, information and protection in matters of their sexuality.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126706341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Best Approaches to Home-schooling Education: Balancing Children’s Rights in the Era of COVID-19 in South Africa","authors":"Hoitsimolimo Mutlokwa","doi":"10.25159/2521-2583/10965","DOIUrl":"https://doi.org/10.25159/2521-2583/10965","url":null,"abstract":"This article was motivated by the South African Basic Education Laws Amendment Bill (BELA) which, when in the draft stage, was open to public consultation until 10 January 2018 and re-opened again for comment on 15 May 2022, closing on 15 August 2022 after an extension was granted. This article examines the conflicting issues in the BELA clauses that are meant to regulate home-schooling. Using fundamental rights-based writings of notable legal philosophy scholars, and regional instruments such as the African Charter on the Rights and Welfare of the Child, the article aims to demonstrate how different rights could be balanced in what could be a clash of interests, should the Bill be passed. It is submitted that the socio-economic issues prevalent in South Africa have not been considered carefully by the drafters the Bill, so as to avoid a class action by dissatisfied parents. The article also aims to investigate the efficacy of online learning implemented by the state, to curb the spread of COVID-19 and to further ascertain its impact compared to the growing increase of home-schooling in South Africa. Finally, case law precedent will be cited to demonstrate the balance that must be struck when weighing up the different interests related to home-schooling.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"05 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130823308","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Analysing the Lived Experiences of Undocumented and Unaccompanied Child Migrants from Zimbabwe to South Africa","authors":"M. Chiweshe","doi":"10.25159/2521-2583/10950","DOIUrl":"https://doi.org/10.25159/2521-2583/10950","url":null,"abstract":"Zimbabwe’s socio-economic crisis post-2000 led to the emergence of new forms of livelihoods. Long- and short-term migration emerged as a survival strategy for over a million Zimbabweans who moved legally and illegally to countries such as South Africa, England, Botswana, Namibia, Canada and Australia. While migration in Zimbabwe has mainly been an adult pursuit, post-2000, there has been an increasing number of unaccompanied child migrants. Zimbabwean unaccompanied child migrants in South Africa provide important insights into how the socio-economic rights of children are central to understanding child migration. This article focuses on the lived experiences of undocumented and unaccompanied child migrants from Zimbabwe living in South Africa. It utilises a desk research approach to analyse how the socio-economic rights of child migrants are experienced in Zimbabwe and South Africa. Both states have failed to meet their national and international obligations to protect child migrants. The article highlights various forms of abuse undocumented child migrants from Zimbabwe experience in South Africa. The article concludes that both local and international law in South Africa fails to provide a balance between the competing interests of child protection and child autonomy.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127136867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Obligation to Allow Transgender Learners to Wear the School Uniform Corresponding to their Gender Identity in Accordance with the Right to Education and Non-discrimination in Terms of the South African Constitution and the African Children’s Charter","authors":"Charlene Kreuser, A. Payne","doi":"10.25159/2521-2583/10948","DOIUrl":"https://doi.org/10.25159/2521-2583/10948","url":null,"abstract":"The issue of unfair discrimination against transgender and homosexual learners in South Africa is increasingly being publicised. However, the African regional human rights and South African legislative framework allowing transgender learners to wear the school uniform which corresponds with their gender identity has not been adequately considered. Article 11 of the African Charter on the Rights and Welfare of the Child (African Children’s Charter) guarantees a comprehensive right to education for every child. It further provides every child with the right to non-discrimination in respect of the rights enshrined therein (Article 3). Similarly, the Constitution of the Republic of South Africa, 1996 (Constitution) also guarantees these rights to children in Sections 29(1)(a) and 9, respectively, with national legislation giving effect thereto. The right to education, read with the right to non-discrimination under the African Children’s Charter requires the state to take legislative and other measures to protect and promote the right to education of all learners, including transgender learners. The goal of prescribed school uniforms is to create a sense of equality among learners in the school environment. However, imposing an enforced dress code based on a learner’s sex and associated gender, exposes transgender learners to the risk of discrimination and marginalisation, which could prevent them from enjoying the full benefits that the right to education provides. The argument presented in this article is that not providing for or allowing transgender learners to wear the school uniform corresponding to their gender identity, infringes on their right to education under the African Children’s Charter and the South African Constitution. It is argued that it does so by unjustifiably discriminating against transgender learners by differentiating between them and cisgender learners. The article considers international best practices related to giving effect to the right to education of transgender learners to the extent that it relates to school uniforms.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117105667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}