South African Yearbook of International Law最新文献_第4页

COVID-19 and International Law: The Continuing Importance of International Law Obligations during Public Emergencies 2019冠状病毒病与国际法:公共紧急情况下国际法义务的持续重要性

South African Yearbook of International Law Pub Date : 2021-11-15 DOI: 10.25159/2521-2583/9244

Celesté Jadine Moodley, Max du Plessis

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引用次数: 0

Who Owns the Kurils? The Question of Territorial Sovereignty Arising from the Kuril Islands Dispute 谁拥有千岛群岛?千岛群岛争端引起的领土主权问题

South African Yearbook of International Law Pub Date : 2021-11-03 DOI: 10.25159/2521-2583/7491

Jonathan Geach

{"title":"Who Owns the Kurils? The Question of Territorial Sovereignty Arising from the Kuril Islands Dispute","authors":"Jonathan Geach","doi":"10.25159/2521-2583/7491","DOIUrl":"https://doi.org/10.25159/2521-2583/7491","url":null,"abstract":"The Kuril Islands are a group of volcanic islands that stretch between Hokkaido in Japan and Kamchatka in Russia. They are the subject of an ongoing territorial dispute between Russia and Japan, which is largely rooted in historical developments which took place during the closing chapters of the Second World War. There are several legal questions which arise from the dispute between Russia and Japan pertaining to the establishment of territorial sovereignty. These questions are whether a term within the Yalta Conference Agreement lawfully gave a right to the USSR to the sovereign territory of Japan, in the absence of Japanese consent. Whether the USSR had violated international law by annexing the Kuril Islands. Whether Japan still had a lawful claim to the Kuril Islands after the conclusion of the Treaty of San-Francisco, and whether the islands claimed by Japan do indeed form part of the Kuril Islands. This article analyses each of these questions in order to determine whether sovereignty has in fact been lawfully established by Russia over the Kuril Islands and whether Japanese territorial claims have any merit in international law.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122479967","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}

引用次数: 0

A Structuralist Approach to the ICC/AU Conflict over the Immunity of Al-Bashir 国际刑事法院/非盟关于巴希尔豁免的冲突的结构主义分析

South African Yearbook of International Law Pub Date : 2021-11-03 DOI: 10.25159/2521-2583/9088

Isabeau Steytler

引用次数: 0

Re-assessing the (Continued) Need for UN Security Council Authorisation of Regional Enforcement Action: The African Union Twenty Years On 重新评估(持续)联合国安理会授权区域执法行动的必要性:非洲联盟二十年来

South African Yearbook of International Law Pub Date : 2021-09-14 DOI: 10.25159/2521-2583/7657

M. Svicevic

引用次数: 0

The African Approach to the Principle of Complementarity of the International Criminal Court: A Potential Gem or Germ? 非洲对国际刑事法院互补原则的态度:潜在的宝石还是萌芽?

South African Yearbook of International Law Pub Date : 2021-09-14 DOI: 10.25159/2521-2583/7810

Emma Maphosa

{"title":"The African Approach to the Principle of Complementarity of the International Criminal Court: A Potential Gem or Germ?","authors":"Emma Maphosa","doi":"10.25159/2521-2583/7810","DOIUrl":"https://doi.org/10.25159/2521-2583/7810","url":null,"abstract":"This article provides an analysis of existing and emerging African views that reflect and/or seek to develop the principle of complementarity of the International Criminal Court. The broad consensus on the African continent is that the principle of complementarity must be applied timeously within context and subjected to state discretion. It is argued that, despite the continent’s obvious shortcomings in confronting impunity, its proposed strategic pillars for complementarity require attention. These came at an opportune time, as there is controversy about the interpretation of the proper application of the principle of complementarity. The International Criminal Court is being accused of unwarranted intervention in national affairs. The rapport between the International Criminal Court and certain African states has deteriorated over the last decade, raising fears that an unacceptable interregnum in the prosecution of international crimes may occur. In this regard, the article discusses African efforts that may assist the International Criminal Court from further losing credibility and visibility in Africa. The article further asserts that international criminal justice in Africa is a regional, rather than a national issue, although regional positions will further the implementation at national level. Therefore, African states are exploring regional perspectives to safeguard ownership and incorporate regional involvement in international criminal justice.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123218525","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}

引用次数: 0

The Work of the Sixth Committee of the United Nations General Assembly in 2018 and 2019 联合国大会第六委员会2018年和2019年的工作

South African Yearbook of International Law Pub Date : 2020-12-21 DOI: 10.25159/2521-2583/7681

Arnold N. Pronto

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The Enigmatic Principle of Complementarity: A Negotiated Machinery for Implementing International Criminal Law 谜一般的互补性原则:国际刑法实施的谈判机制

South African Yearbook of International Law Pub Date : 2020-12-21 DOI: 10.25159/2521-2583/6909

Noluthando P Ncame

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Towards ‘Free, Prior, Informed Consent’ in Natural Resource Development Projects 在自然资源开发项目中实现“自由、事先、知情同意”

South African Yearbook of International Law Pub Date : 2020-12-21 DOI: 10.25159/2521-2583/7292

Dayo Ayoade

{"title":"Towards ‘Free, Prior, Informed Consent’ in Natural Resource Development Projects","authors":"Dayo Ayoade","doi":"10.25159/2521-2583/7292","DOIUrl":"https://doi.org/10.25159/2521-2583/7292","url":null,"abstract":"Global demand for natural resources has pushed development projects into increasingly remote areas that are usually occupied by indigenous people. These communities are highly dependent on the natural environment for their survival, culture, and identity with a historically poor relationship with governments. Thus, the concept of Free Prior and Informed Consent (FPIC) has arisen as a right of indigenous people to self-determination under international law. Articulated in a variety of soft and hard-law instruments, FPIC has been outlined by the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) 2007 which essentially requires that indigenous people have the right to accept or reject natural resources developments that affect them, their land or territories. This has not been fully accepted by governments. Hence, this article investigates the application of this emergent concept to natural resources developments; and comes to the view that FPIC is still in a state of flux but is nevertheless critical to resource development stakeholders. The article concludes that FPIC is here to stay and governments need to update national laws to accommodate this important concept.","PeriodicalId":185651,"journal":{"name":"South African Yearbook of International Law","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127588003","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}

引用次数: 0

International Law and New Wars by Christine Chinkin and Mary Kaldor 《国际法与新战争》克里斯汀·钦金和玛丽·卡尔多著

South African Yearbook of International Law Pub Date : 2020-12-21 DOI: 10.25159/2521-2583/7332

André Stemmet

引用次数: 0