South African Yearbook of International Law最新文献_第3页

The Emergence of a Definition for the Crime of Terrorism under Conventional- and Customary International Law 传统国际法和习惯国际法下恐怖主义罪定义的出现

South African Yearbook of International Law Pub Date : 2022-09-19 DOI: 10.25159/2521-2583/10306

Ron Van Diermen

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Analysing the Relationship Between Peremptory Norms of General International Law (Jus Cogens) and Obligations (Erga Omnes) 一般国际法强制规范(Jus Cogens)与义务(Erga Omnes)关系分析

South African Yearbook of International Law Pub Date : 2022-09-14 DOI: 10.25159/2521-2583/11224

Simon Mateus

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The Nexus Between Self-determination, Territorial Integrity and Uti Possidetis Juris: The Case of Somaliland 民族自决、领土完整和法律所有权之间的关系:索马里兰的案例

South African Yearbook of International Law Pub Date : 2022-09-14 DOI: 10.25159/2521-2583/9621

K. Mutuma, D. M. Ogechi

{"title":"The Nexus Between Self-determination, Territorial Integrity and Uti Possidetis Juris: The Case of Somaliland","authors":"K. Mutuma, D. M. Ogechi","doi":"10.25159/2521-2583/9621","DOIUrl":"https://doi.org/10.25159/2521-2583/9621","url":null,"abstract":"The right to self-determination is important in that it allows a state to enjoy economic, social and political freedom. Arguably, the right to self-determination has existed long before its theorisation under international law. In as much as the right to self-determination is an important right, the right to territorial integrity under Article 2 of the United Nations Charter is equally important. This principle prohibits the use of force by one state against another, thereby compromising its political independence. Thus, the principle of territorial integrity builds on the right to self-determination by allowing states to decide how they will govern themselves politically. Both principles correlate with the principle of uti possidetis juris, which is geared towards preserving the colonial borders of former colonies. These three principles come into play in the case of Somaliland which seceded from the parent state, Somalia. The three principles have influenced the recognition of Somaliland in several ways. In practice, there has been tension around how these three principles should be applied. According to precedent, the right to self-determination is encouraged to be exercised under international law up to a point where they lead to cesession. This article delves into the nexus between these three principles, and in particular Somaliland’s latitude to exercise the right to self-determination to detach itself from the obviously undesirable union with the larger Somali Republic.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132131582","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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Technical Municipal Radius Clause Interpretations to Avoid Coronavirus Liability and Perspectives from the OECD and Vienna Convention on the Law of Treaties 1969—Guardrisk Insurance Limited v Café Chameleon CC (case no 632/20) [2020] ZASCA 173 避免冠状病毒责任的技术市政半径条款解释及来自经合组织和1969年维也纳条约法公约的观点- guardrisk Insurance Limited v cafechameleon CC(案号632/20)[2020]ZASCA 173

South African Yearbook of International Law Pub Date : 2022-02-28 DOI: 10.25159/2521-2583/9519

N. Kilian

{"title":"Technical Municipal Radius Clause Interpretations to Avoid Coronavirus Liability and Perspectives from the OECD and Vienna Convention on the Law of Treaties 1969—Guardrisk Insurance Limited v Café Chameleon CC (case no 632/20) [2020] ZASCA 173","authors":"N. Kilian","doi":"10.25159/2521-2583/9519","DOIUrl":"https://doi.org/10.25159/2521-2583/9519","url":null,"abstract":"Approximately fifteen years ago, most insurers inserted a radius clause to avoid paying claims based on financial losses and/or damages resulting from bacteria or viruses—known as notifiable diseases—that originate outside the radius. Other insurers tried to regulate liability for losses as a result of bacteria or otherwise, by inserting a force majeure clause (which is not a radius clause) in their insurance contracts. In this way, the insurer was not liable to pay for business interruption claims, irrespective of where the bacteria or viruses had originated. To avoid paying claims where a virus or otherwise originated within a specific radius, many insurers in OECD member states are willing to refund all paid premiums to their policyholders. Other insurers have given technical radius clause interpretations to avoid liability (coronavirus did not originate within the specified radius) or to grant premium payment holidays to policyholders as long as Covid-19 exists. The OECD considers these radius interpretations or arguments unreasonable, and for this reason it drafted a policy on gap cover to be implemented by its members. South Africa is not yet a full OECD member, and this article investigates whether a South African court would have a similar approach to radius clauses, which are considered unreasonable. To understand unreasonableness, the Vienna Convention on the Law of Treaties, 1969, which regulates the interpretation of treaties, is also discussed in this article.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115031127","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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Toward New International Standards on Emergencies: Extreme Emergencies and the New Negation of Fundamental Rights 走向新的紧急情况国际标准:极端紧急情况与对基本权利的新否定

South African Yearbook of International Law Pub Date : 2022-02-28 DOI: 10.25159/2521-2583/9722

Gerard Emmanuel Kamdem Kamga

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The Accused’s Right to be Tried in his/her Presence in Africa: Understanding the Constitutions of Different African Countries in the Light of Article 7(1)(c) of the African Charter on Human and Peoples’ Rights 被告在非洲受审的权利:根据《非洲人权和人民权利宪章》第7(1)(c)条了解不同非洲国家的宪法

South African Yearbook of International Law Pub Date : 2022-02-27 DOI: 10.25159/2521-2583/9662

J. D. Mujuzi

{"title":"The Accused’s Right to be Tried in his/her Presence in Africa: Understanding the Constitutions of Different African Countries in the Light of Article 7(1)(c) of the African Charter on Human and Peoples’ Rights","authors":"J. D. Mujuzi","doi":"10.25159/2521-2583/9662","DOIUrl":"https://doi.org/10.25159/2521-2583/9662","url":null,"abstract":"The African Charter on Human and Peoples’ Rights does not provide for the accused’s right to be tried in his/her presence. Article 7(1)(c) of the African Charter provides that an accused has ‘the right to defence, including the right to be defended by counsel of their choice.’ Article 7(1)(c) of the African Charter should be compared to Article 14(3)(d) of the International Covenant on Civil and Political Rights (ICCPR) which provides that an accused has a right ‘[t]o be tried in his presence, and to defend himself in person or through legal assistance.’ However, the African Court of Human and Peoples’ Rights invoked Article 14(3)(d) of the ICCPR and jurisprudence from, inter alia, the Human Rights Committee, to hold that Article 7(1)(c) of the African Charter also provides for the accused’s right to be tried in his or her presence. In some African countries, the constitutions explicitly provide for the accused’s right to be tried in his/her presence, but the constitutions of the majority of African countries do not. These constitutions do, however, provide for the accused’s right to defence. In a few African countries, the constitutions neither provide for the accused’s right to defence nor the right to be tried in their presence. In this article the author argues, inter alia, that an accused has a right to be present at his or her trial even in countries where the constitutions are silent on this right. The author also highlights the circumstance in which an accused’s trial may take place in his or her absence under the ICCPR, the African Charter and in different African countries.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132763967","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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Bilateral and Multilateral Treaties 双边及多边条约

South African Yearbook of International Law Pub Date : 2022-02-25 DOI: 10.25159/2521-2583/10782

Office of the Chief State Law Advisor

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African Liberation and the Mythical Separation of the Political and the Economic in International Law 非洲解放与国际法中政治与经济的神秘分离

South African Yearbook of International Law Pub Date : 2022-02-25 DOI: 10.25159/2521-2583/9837

Pheagane Isaac Shai

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The Work of the International Law Commission in Its Seventy-First and Seventy-Second Sessions: COVID, Cancellations and Much More 国际法委员会第七十一届和第七十二届会议的工作:COVID、取消和更多

South African Yearbook of International Law Pub Date : 2022-02-25 DOI: 10.25159/2521-2583/10005

D. Tladi

{"title":"The Work of the International Law Commission in Its Seventy-First and Seventy-Second Sessions: COVID, Cancellations and Much More","authors":"D. Tladi","doi":"10.25159/2521-2583/10005","DOIUrl":"https://doi.org/10.25159/2521-2583/10005","url":null,"abstract":"This contribution describes the work of the UN International Law Commission (ILC) during its seventy-first and seventy-second sessions. Due to the ongoing COVID-19 pandemic, the work of the Commission over the last three years has been severely hampered, yet the Commission was still able to produce significant work. In the seventy-first session, the Commission adopted, on first reading, the Articles on the Prevention and Punishment of Crimes against Humanity. It also adopted two instruments on first reading, namely the Draft Conclusions on Peremptory Norms of General International Law and the Draft Principles on the Protection of the Environment in Relation to Armed Conflict. In the seventy-second session, the ILC adopted two first-reading texts, namely the guidelines on the protection of the atmosphere and the Guide to Provisional Application of Treaties. The Commission was also active in the relation to new topics. In the seventy-first session it placed on its current agenda, the topic sea-level rise in relation to international law. On its long-term programme of work, it placed two topics, namely piracy and robbery at sea under international law and reparation to individuals for gross violations of international human rights law and serious violations of international humanitarian law. In the seventy-second session it placed on its agenda the topic subsidiary means for the determination of rules of international law.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"151 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116903045","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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A Recent Development in International Law: Judgment by the European Court of Human Rights in Georgia v Russia 国际法的最新发展:欧洲人权法院对格鲁吉亚诉俄罗斯案的判决

South African Yearbook of International Law Pub Date : 2022-01-25 DOI: 10.25159/2521-2583/9695

Beka Dvali

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