The Pretoria Student Law Review最新文献

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4501

Ilana Le Roux

引用次数: 0

POLICE BODY-WORN CAMERAS: A FOURTH INDUSTRIAL REVOLUTION DEMAND FOR SOUTH AFRICA? 警察随身相机:南非的第四次工业革命需求?

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4503

L. Curlewis, Thabang Sepuru

{"title":"POLICE BODY-WORN CAMERAS: A FOURTH INDUSTRIAL REVOLUTION DEMAND FOR SOUTH AFRICA?","authors":"L. Curlewis, Thabang Sepuru","doi":"10.29053/pslr.v16i1.4503","DOIUrl":"https://doi.org/10.29053/pslr.v16i1.4503","url":null,"abstract":"Incidents of police brutality are increasing around the world. South Africa faces its own excessive use of force by police as exemplified by the case(s) of Khosa v Minister of Defence and Military Veterans, as well as that of Nathaniel Julies. Countries such as the United Kingdom (UK) and the United States of America (US) have seen positive results from leveraging advancements in technology to provide detailed, first-hand accounts of what happens during a police encounter. In light of the fourth industrial revolution, which brings with it advancements in data processing and storage, the purpose of this article is to investigate what value such advancements in technology might hold for the South African criminal justice system. Possible barriers to its implementation will also be investigated. The article further analyses the effects of body-worn cameras in the UK and US jurisdictions on improved police-citizen encounters and overall quality of policing. Body-worn cameras have been found to have value in improving police-citizen encounters. However, its adoption may be slow because of budgetary constraints related to Information Technology (IT) infrastructure. \u0000 ","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128631586","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 CASE FOR PERSONS WITH DISABILITIES: USING DIGITAL COURTS TO PROMOTE THE RIGHT TO ACCESS TO JUSTICE AND THE RULE OF LAW 残疾人案例:利用数字法院促进诉诸司法和法治的权利

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4505

Zahra Hosaneea

{"title":"A CASE FOR PERSONS WITH DISABILITIES: USING DIGITAL COURTS TO PROMOTE THE RIGHT TO ACCESS TO JUSTICE AND THE RULE OF LAW","authors":"Zahra Hosaneea","doi":"10.29053/pslr.v16i1.4505","DOIUrl":"https://doi.org/10.29053/pslr.v16i1.4505","url":null,"abstract":"Access to justice is an essential human right and a cornerstone of the rule of law. The 2030 Agenda for Sustainable Development seeks to, amongst other things, promote the rule of law and ensure equal access to justice, promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions. As a marginalised group, persons with disabilities are often spectators to their grievances when accessing justice, notwithstanding the strong protection afforded by the Convention on the Rights of Persons with Disabilities (‘the CRPD’). Under the CRPD, the right to access justice requires justice to be accessible, practical, and without discrimination. Nevertheless, research indicates that persons with disabilities are most likely to be left out of the legal system as there are numerous barriers that prevent them from accessing justice. In 2020, while the world faced an outbreakof COVID-19 cases, courtrooms worldwide had to review their operational methods. Initially aimed at hearing cases remotely and prevent a backlog of cases, the question arises as to whether digital courts could not be adapted to promote the right to access to justicefor persons with disabilities. Article 13 of the CRPD contains essential provisions on the right to access justice. If designed, tested, and implemented correctly, digital courts could alleviate the inequalities faced by persons with disabilities. In essence, digital courts have the potential to make justice accessible and less hostile whilst also improving the communication and information barriers to the right to access justice. However, the advantages should not outweigh the potential exclusionary risk that digital courtrooms could create. Such courtrooms should be carefully implemented in close consultation withpersons with disabilities.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131199698","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

AN EXPLORATION OF JUSTICE: IDEAL AND NONIDEAL THEORY PERSPECTIVES ON THE CONSTITUTION 正义的探索:宪法的理想与非理想理论视角

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4515

Tabazi Ntsaluba

引用次数: 0

WIN-WIN OR WIN LOSE? AN EXAMINATION OF CHINA’S SUPPLY OF MASS SURVEILLANCE TECHNOLOGIES IN EXCHANGE FOR AFRICAN’S FACIAL IDS 双赢还是输赢?对中国提供大规模监控技术以换取非洲人面部识别的调查

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4506

Sumaya Nur Hussein

{"title":"WIN-WIN OR WIN LOSE? AN EXAMINATION OF CHINA’S SUPPLY OF MASS SURVEILLANCE TECHNOLOGIES IN EXCHANGE FOR AFRICAN’S FACIAL IDS","authors":"Sumaya Nur Hussein","doi":"10.29053/pslr.v16i1.4506","DOIUrl":"https://doi.org/10.29053/pslr.v16i1.4506","url":null,"abstract":"The use of Facial Recognition Technologies (FRT) has becomeincreasingly prevalent. While these technologies have been applaudedfor their many benefits, their use have been criticised for problemsrelating to accuracy. More particularly, FRT technologies havedemonstrated low accuracy when identifying people of colour. This hasled to the call for diversification of data, which has been intensified bymajor corporations and nations competing to lead in ArtificialIntelligence development (the AI race). In an attempt to diversify itsdata sets, China, as a significant player in the AI race, has entered intoan agreement with Zimbabwe. The agreement is meant to benefit bothparties mutually as a ‘win-win’ agreement, which entails the collectionof African facial IDs in exchange for high-end mass surveillancetechnologies. This article questions whether this agreement cangenuinely be a win-win. To demonstrate this, the article will discuss andanalyse China’s viewpoint on this ‘win-win’ in light of the AI race andtake a closer look at how this agreement places China one step ahead ofothers in the race to lead facial recognition technologies. As such, thearticle examines that which is hidden in China’s win-win perspective bydelving deeper into the biometric data and the underlying principles ofits Regulation to determine whether the collection of Facial IDs is inline with these principles. Finally, I attempt to redefine the meaning ofwhat is truly a ‘win-win’ in this context.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"152 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121126296","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 PROPOSED LIABILITY REGIME FOR AUTONOMOUS VEHICLES IN INSTANCES OF PERSONAL LIABILITY AND DEATH 拟议的自动驾驶汽车在个人责任和死亡情况下的责任制度

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4504

A. Erasmus

{"title":"A PROPOSED LIABILITY REGIME FOR AUTONOMOUS VEHICLES IN INSTANCES OF PERSONAL LIABILITY AND DEATH","authors":"A. Erasmus","doi":"10.29053/pslr.v16i1.4504","DOIUrl":"https://doi.org/10.29053/pslr.v16i1.4504","url":null,"abstract":"This article aims to determine the most appropriate liability regime foraccidents caused by Autonomous Vehicles (AVs) resulting in personalinjury or death. The motivation for this research lies in the fact thatAVs are currently not adequately regulated within South Africanlegislation. Seeing as the regulation of AVs should begin sooner ratherthan later, it is essential to examine the capability of the Road AccidentFund (RAF) to provide for AVs and consider other possible liabilityregimes. The article will focus on the RAF Act and the possibility ofincluding the definition of AVs under section 1 thereof. The RAF Actcurrently defines a motor car as a motor vehicle designed or adaptedfor the conveyance of not more than ten persons, including the driver.The article will analyse the Civil Aviation Act (Aviation Act) to propose aregime where the owners of AVs are required to have private insurance.Section 8(5) of the Aviation Act will form the basis for the proposedregime change as this section holds that a registered owner or operatorof an aircraft must have insurance as prescribed for any damage or lossthat is caused by an aircraft to any person or property on land or water.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114593122","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 CRITICAL DISCOURSE ON THE RELATIONSHIP BETWEEN SCIENCE, TECHNOLOGY, INNOVATION, AND INTELLECTUAL PROPERTY IN AFRICA 关于非洲科学、技术、创新和知识产权之间关系的批判性论述

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4502

Ntando Sidane

引用次数: 0

THE CHINA-AFRICA JOINT ARBITRATION CENTRE (CAJAC) 中非联合仲裁中心

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4510

Prince Kanokanga

{"title":"THE CHINA-AFRICA JOINT ARBITRATION CENTRE (CAJAC)","authors":"Prince Kanokanga","doi":"10.29053/pslr.v16i1.4510","DOIUrl":"https://doi.org/10.29053/pslr.v16i1.4510","url":null,"abstract":"The People’s Republic of China (PRC) continues to consolidate itsposition as one of the most important trade players on the internationalmarket. The PRC has signed cooperation agreements with more than126 countries. It is also a substantial importer of raw materials,intermediate inputs, and other goods. The PRC has dealings with all 54countries on the African continent, and today the continent ranks asone of the PRC’s most important trading posts. The increasing numberof international trade and investment means naturally, that disputes ofan international nature will arise between the PRC and African parties.It is for this reason that the China-Africa Joint Arbitration Centre(CAJAC) was established. The formation of CAJAC at the instance of theForum on China – Africa Cooperation (FOCAC) is to encourage is toadminister the resolution of international disputes arising betweenChinese and African entities having their principal residence, place ofbusiness or nationality located in PRC or a country in Africa. The aim ofthis article is to examine the salient features of CAJAC which isadminister by accredited institutions which include CAJAC Beijing;CAJAC Johannesburg, CAJAC Nairobi, CAJAC OHADA, CAJAC Shanghaiand CAJAC Shenzhen.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115702868","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 RIGHTS-BASED APPROACH TO DEVELOPMENT: THE LINK BETWEEN HUMAN RIGHTS AND DEVELOPMENT 以权利为基础的发展方针:人权与发展之间的联系

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4513

Khothalang Moseli

{"title":"A RIGHTS-BASED APPROACH TO DEVELOPMENT: THE LINK BETWEEN HUMAN RIGHTS AND DEVELOPMENT","authors":"Khothalang Moseli","doi":"10.29053/pslr.v16i1.4513","DOIUrl":"https://doi.org/10.29053/pslr.v16i1.4513","url":null,"abstract":"This article explores the relationship between human rights anddevelopment and the emergence of a Rights-Based Approach toDevelopment (RBAD). It will give a RBAD more consideration in order tocontribute to the conceptual direction of academic discourse, andperhaps even the political direction by proposing solutions to Africa’ssocio-economic problems, especially in South Africa, which is facingmany developmental challenges. Human rights and development havelong been understood as separate terms that were incompatible.Historically, development was only perceived for its role in promotionof economic growth and prosperity of particular countries without anyconsideration for human development and well-being. However, humanrights and development cannot be understood separately. Developmentand human rights share the same goal, which is to promote the dignityand worth of a human person by creating an environment where peoplecan achieve their full potential. Following the adoption of the UNCharter in 1945, development became a key issue for the United Nationsand, for the first time, for the international community. Humandevelopment is now central to the realisation of human rights. Aftermany years of debating development and human rights, it was agreedthat human rights standards and principles do indeed recognise the linkbetween human rights and development. In the 1990s, a RBAD emerged,transforming the global development order and affirming thisrelationship.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"247 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123022271","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

REALISING THE RIGHT TO DEVELOPMENT IN GHANA THROUGH ITS PARLIAMENT 通过议会实现加纳的发展权

The Pretoria Student Law Review Pub Date : 2023-03-13 DOI: 10.29053/pslr.v16i1.4507

Clement Agyemang

引用次数: 0