South African Yearbook of International Law最新文献_第2页

Implementation of Article 11(3)(a) of the African Charter on the Rights and Welfare of the Child in Zimbabwe: The Case of San Minority Children 《非洲儿童权利和福利宪章》第11(3)(a)条在津巴布韦的执行情况:桑少数民族儿童的情况

South African Yearbook of International Law Pub Date : 2023-04-14 DOI: 10.25159/2521-2583/10995

Linet Sithole, C. Dziva

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The African Children’s Charter’s Position on the Socio-economic Rights of Children with Mental Disability 《非洲儿童宪章》关于精神残疾儿童社会经济权利的立场

South African Yearbook of International Law Pub Date : 2023-04-14 DOI: 10.25159/2521-2583/11097

Linda Ajemba-Udegbunam

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Statutory Limitations in Children’s Rights Protection under Cameroonian Legal Systems 喀麦隆法律制度下儿童权利保护的法定时效

South African Yearbook of International Law Pub Date : 2023-04-14 DOI: 10.25159/2521-2583/11175

Elvis Fokala

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The Child’s Right to Basic Education in South Africa: The Importance of Reporting to the African Committee of Experts on the Rights and Welfare of the Child 南非儿童接受基础教育的权利:向非洲儿童权利和福利问题专家委员会报告的重要性

South African Yearbook of International Law Pub Date : 2023-04-14 DOI: 10.25159/2521-2583/10978

Annemarie Strohwald

{"title":"The Child’s Right to Basic Education in South Africa: The Importance of Reporting to the African Committee of Experts on the Rights and Welfare of the Child","authors":"Annemarie Strohwald","doi":"10.25159/2521-2583/10978","DOIUrl":"https://doi.org/10.25159/2521-2583/10978","url":null,"abstract":"The African Children’s Charter explicitly recognises the child’s right to education in Article 11(1). As South Africa is a party to the African Children’s Charter, periodic reports must be submitted by the state to the African Committee of Experts on the Rights and Welfare of the Child. These periodic reports play a valuable role in establishing the manner and extent to which state parties have fulfilled their obligations in terms of the African Children’s Charter. The accompanying Concluding Observations provided by the Committee serve a complementary role by identifying positive and negative aspects of the state parties’ reports and possible recommendations on how challenges could be addressed. This article centres on a discussion of the child’s right to basic education through the lens of South Africa’s obligations as imposed by the African Children’s Charter, by drawing a comparative analysis of the South African legal framework to Article 11 of the African Children’s Charter and by studying South Africa’s periodic reports. The question posed in the article centres on whether we are dealing with mere lip-service by state parties submitting periodic reports, rather than taking action and ensuring that their obligations are met in accordance with the African Children’s Charter. The value of the periodic reports and the committee’s accompanying Concluding Observations as a monitoring tool for measuring compliance with the African Children’s Charter is ultimately considered.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"74 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":"124650139","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}

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The Weight of the Decision: Just War Thinking in Congolese Armed Conflict as Seen Through the Lens of Lieve Joris’s The Rebels’ Hour 决定的分量:从利夫·乔里斯的《叛军的时刻》看刚果武装冲突中的正义战争思考

South African Yearbook of International Law Pub Date : 2022-12-05 DOI: 10.25159/2521-2583/11059

David Buzard

{"title":"The Weight of the Decision: Just War Thinking in Congolese Armed Conflict as Seen Through the Lens of Lieve Joris’s The Rebels’ Hour","authors":"David Buzard","doi":"10.25159/2521-2583/11059","DOIUrl":"https://doi.org/10.25159/2521-2583/11059","url":null,"abstract":"Ethnic violence and armed conflict continue to ravage the Democratic Republic of the Congo (DRC), particularly its eastern provinces, nearly two decades after the official 2003 end of the Congolese ‘Wars of Liberation,’ which have cost over four million lives since 1996. Traditional Western mindsets—grounded in the doctrine of the just war theory, which informs much of international humanitarian law and international criminal law—find the ethical underpinnings of this violence extremely difficult, if not impossible, to fathom. Through her novel, The Rebels’ Hour, Belgian author and journalist Lieve Joris has, albeit unintentionally, graced us with an eloquent case study with which to explore the 1996–2003 Congo Wars through a just war theory lens. This article briefly describes the historical and doctrinal contexts of Joris’s novel, and traces in Just War terms the story she tells of its protagonist, a fictitious rebel commander. After discussing the implications of the just war theory posed by the situation Joris describes, this article concludes that the West can draw a moral lesson from Africa, and recommends Joris’s novel to Western readers as an excellent entrée to a better ethical understanding of African armed conflicts.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"13 3 Suppl 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125720578","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}

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Monterrey Consensus Two Decades After: Rethinking Foreign Aid Architecture and the Future of Human Development in Africa 蒙特雷共识二十年后:重新思考外援架构与非洲人类发展的未来

South African Yearbook of International Law Pub Date : 2022-12-05 DOI: 10.25159/2521-2583/11698

Dejo Olowu

{"title":"Monterrey Consensus Two Decades After: Rethinking Foreign Aid Architecture and the Future of Human Development in Africa","authors":"Dejo Olowu","doi":"10.25159/2521-2583/11698","DOIUrl":"https://doi.org/10.25159/2521-2583/11698","url":null,"abstract":"Changing scenarios in the second decade of the new millennium make revisiting the questions around aid effectiveness quite critical for understanding current human development challenges in Africa, considering that 2022 marks two decades since the Monterrey Consensus and the adoption of its resultant Declaration. Flowing from this original multilateral endeavour at crystallising a paradigm shift among role actors on the need for new approaches to foreign aid and development planning as well as the concerted efforts at standardising development assistance practices over the past two decades, critical questions emerge: (i) Beyond merely pronouncing new pathways of responses for dealing with the critical issues around aid, has the ‘new’ understanding impacted Africa in any different way? (ii) Could there be more than mere political explanation for the intrigues and divergence surrounding the ever-evolving principles on new aid architecture as propounded by various multilateral actors? (iii) In light of the noticeable contradictions in the approaches of donors and recipient governments to new aid architecture, what implications do these distinctions portend for aid effectiveness in Africa such that will promote human development in real terms? (iv) If development aid is particularly key for the very survival of poor people in Africa, should we not begin to identify more radical designs that will strategically counter-balance the shortfalls of the dominant approach to foreign aid and development planning? This article is an attempt to respond to this plethora of questions, advocating an approach that could transform the landscape of aid architecture and development agenda for Africa.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133331221","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}

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To Vax or Not? A Human Rights Review of the Implications of Mandatory Vaccination as a Response to COVID-19 打还是不打?对应对COVID-19的强制性疫苗接种影响的人权审查

South African Yearbook of International Law Pub Date : 2022-11-30 DOI: 10.25159/2521-2583/10360

Victor Lando

{"title":"To Vax or Not? A Human Rights Review of the Implications of Mandatory Vaccination as a Response to COVID-19","authors":"Victor Lando","doi":"10.25159/2521-2583/10360","DOIUrl":"https://doi.org/10.25159/2521-2583/10360","url":null,"abstract":"The COVID-19 pandemic precipitated the largest public health emergency so far experienced in the twenty-first century. As the world frantically pursues a sustainable solution, several vaccines have been tested and approved by the World Health Organization (WHO) under the Emergency Use Listing procedure. On the heels of this development have been moves by some States to adopt mandatory vaccination policies. Several private firms have also required their employees to be vaccinated as a pre-condition for resuming work. This fast-evolving situation brings into sharp focus the tensions between the rights to health, privacy, bodily autonomy and the right to consent to medical treatment on the one hand, and the public health and safety imperatives of protecting global populations against a ravaging pandemic on the other hand. This article argues that aggressive mandatory vaccination policies being propagated globally violate human rights by strengthening prejudices, and stereotypes, and furthering discrimination against those who may be unwilling to take the vaccines for one reason or another. Ultimately, therefore, there will be a need for States to adopt their own tailor-made vaccination frameworks that ensure the respect of individual rights on the one hand, but also ensures that it does not prejudice public safety in the wake of a ravenous pandemic.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130181429","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}

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Her Ancestors’ Keeper: Realising Africa’s Sustainable Economic Development and Relations through the Infusion of Values in Intra-African Investment Agreements 她祖先的守护者:通过在非洲内部投资协议中注入价值观实现非洲经济可持续发展和关系

South African Yearbook of International Law Pub Date : 2022-11-30 DOI: 10.25159/2521-2583/10733

L. Mhlongo

{"title":"Her Ancestors’ Keeper: Realising Africa’s Sustainable Economic Development and Relations through the Infusion of Values in Intra-African Investment Agreements","authors":"L. Mhlongo","doi":"10.25159/2521-2583/10733","DOIUrl":"https://doi.org/10.25159/2521-2583/10733","url":null,"abstract":"Traditional African structures, customs, and values had been altered by the colonial authority. Around 1958, post-colonial regimes began to emerge as colonialism began to destabilise. A series of Pan-African Congresses (PAC) were held to explore African concerns and measures for attaining African unity. The PAC’s 5th Congress of Manchester, when most African states earned their independence, is significant for this paper. The PAC argued for the African continent’s full independence and a total rejection of colonialism and exploitation in all forms. As a result, when African governments recovered their independence, they prioritised sovereignty over re-identification in the post-colonial era. However, the African Union (which replaced the Organisation of African Unity) to a certain level, provided Africa with identity through Agenda 2063. Nevertheless, international investment agreements (IIAs) that African states conclude do not contain values or African cultures. The main question in this paper is how can Africa infuse culture and values in its IIAs? The paper seeks to find a way to include African identity, cultures and values in IIAs in a way that would increase the implementation of these instruments.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115263243","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}

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Outer Space Law: Legal Policy and Practice by Yanal Abul Failat and Anél Ferreira-Snyman (Consulting Editors) 《外层空间法:法律政策与实践》作者:Yanal Abul Failat和ansamul Ferreira-Snyman(咨询编辑)

South African Yearbook of International Law Pub Date : 2022-11-08 DOI: 10.25159/2521-2583/12252

Theunis Kotzé

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The Applicability of International Humanitarian Law in Peacetime Urban Civilian Operations: Analysing the Deployment of the Army to Fight Gang Violence in the Cape Flats 国际人道法在和平时期城市平民行动中的适用性:分析军队在开普平原打击帮派暴力的部署

South African Yearbook of International Law Pub Date : 2022-10-04 DOI: 10.25159/2521-2583/9576

Angelo Dube

{"title":"The Applicability of International Humanitarian Law in Peacetime Urban Civilian Operations: Analysing the Deployment of the Army to Fight Gang Violence in the Cape Flats","authors":"Angelo Dube","doi":"10.25159/2521-2583/9576","DOIUrl":"https://doi.org/10.25159/2521-2583/9576","url":null,"abstract":"The International Committee of the Red Cross (ICRC) estimates that over 50 million people across the globe are displaced as a result of urban conflicts, or armed conflict taking place within their cities. Such conflict situations place at risk not only civilian lives but civilian infrastructure and critical services as well. Given that over 50 per cent of the world’s population lives in cities, this is indeed a cause for concern. South Africa’s legislative capital, Cape Town, has had its fair share of this global nemesis, flowing from protracted gang ‘wars’ in the Cape Flats and years of government failure to contain the situation. The suffering of urban civilians in the Cape Flats area has been widely documented on various media platforms across South Africa and has even attracted the attention of Parliament. In response to this new urban scourge, some politicians called upon the national government to assist the obviously overwhelmed local law enforcement agencies by deploying the military to tackle gang-related violence. These calls were met with ambivalent responses from various sectors of society, with some supporting it, whilst others vehemently opposed the intervention of the armed forces in civilian following operations. The challenges flowing from the involvement of the army bring to bear the question(s): Is the army well suited for the fight against gang violence in the Cape Town urban area? What international regime regulates the deployment of military personnel in civilian policing functions? This article, through a desktop analysis of reports on gangsterism in the Cape Flats, seeks to close existing gaps in the literature on urban conflict and the use of the army in civilian policing functions; particularly in instances of what is termed ‘other situations of violence’.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121781801","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}

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