The Pretoria Student Law Review最新文献_第3页

FUTURE GENERATIONS AND THE ENVIRONMENT: A RIGHT TO INTERGENERATIONAL EQUITY UNDER INTERNATIONAL LAW? 子孙后代与环境:国际法下的代际公平权利?

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/pslr.v15i1.3666

Felix Schroder

{"title":"FUTURE GENERATIONS AND THE ENVIRONMENT: A RIGHT TO INTERGENERATIONAL EQUITY UNDER INTERNATIONAL LAW?","authors":"Felix Schroder","doi":"10.29053/pslr.v15i1.3666","DOIUrl":"https://doi.org/10.29053/pslr.v15i1.3666","url":null,"abstract":"Climate change is becoming ever more pertinent and its impact ever more devastating. Issues such as deforestation, loss of biodiversity, and desertification are increasingly prevalent, leaving the present generation with numerous problems to contend with. But as climate change intensifies, those who will surely bear an even greater burden are the ones yet to come. Unless some form of equality is established between generations, future generations are likely to find themselves in a precarious and inhospitable environment. It is argued that one way of achieving an intergenerational balance is through a right to intergenerational equity. This article analyses the development and progression of the principle of intergenerational equity in international law. In doing so, the article interrogates the sources of international environmental law as well as international human rights law to determine whether a right to intergenerational equity exists. This analysis finds that no right to intergenerational equity has arisen under international law. Nonetheless, there seems to be a definitive trend toward the realisation of such a right on the international stage. Until such time as there is a right to intergenerational equity, certain institutions and mechanisms could be implemented or relied upon to safeguard the environmental interests of future generations.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125594042","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 IMPACT OF COVID-19 ON HUMAN RIGHTS: A CRITICAL ANALYSIS OF THE LAWFULNESS OF MEASURES IMPOSED BY STATES DURING THE PANDEMIC UNDER INTERNATIONAL LAW 2019冠状病毒病对人权的影响:对大流行期间各国根据国际法所采取措施合法性的批判性分析

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3660

K. Cloete

{"title":"THE IMPACT OF COVID-19 ON HUMAN RIGHTS: A CRITICAL ANALYSIS OF THE LAWFULNESS OF MEASURES IMPOSED BY STATES DURING THE PANDEMIC UNDER INTERNATIONAL LAW","authors":"K. Cloete","doi":"10.29053/PSLR.V15I1.3660","DOIUrl":"https://doi.org/10.29053/PSLR.V15I1.3660","url":null,"abstract":"The COVID-19 pandemic provided ideal conditions for the violation of human rights. In efforts to curb the spread of the virus, numerous states violated their international law obligations outlined in treaties and customary international law. This article aims to analyse state responses to the global pandemic and will consider how their lawfulness should be measured. To this end, the framework of due diligence is utilised as a system to regulate and assess the legality of state actions amidst times of emergency. Furthermore, this article argues that the principle of due diligence must be developed to sufficiently regulate instances of derogation that extend beyond restrictions. This development must also be informed by an intersectional approach that prioritises the protection of vulnerable groups, owing to the disproportionate impact of COVID-19 on these communities. Stemming from this analysis, the article will conclude by considering the landscape of state actions in handling COVID-19 under the banner of due diligence and imagines a construction of international law that more adequately protects human rights amid regional and global crises.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124600308","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

BROKEN & UNEQUAL: THE SOUTH AFRICAN EDUCATION SYSTEM AND THE ATTAINMENT OF THE RIGHT TO BASIC EDUCATION THROUGH LITIGATION 破碎与不平等:南非教育制度与通过诉讼实现基础教育权

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3675

Simon Mateus, Khalipha Shange

{"title":"BROKEN & UNEQUAL: THE SOUTH AFRICAN EDUCATION SYSTEM AND THE ATTAINMENT OF THE RIGHT TO BASIC EDUCATION THROUGH LITIGATION","authors":"Simon Mateus, Khalipha Shange","doi":"10.29053/PSLR.V15I1.3675","DOIUrl":"https://doi.org/10.29053/PSLR.V15I1.3675","url":null,"abstract":"In 1994, South Africa transitioned into a new democratic and constitutional society. Since then, the South African Constitutionnecessitates the transformation of the public basic education system. A new public education system aimed at addressing the malaise of the past. To this end, South African jurisprudence recognises the right to basic education as a right that must be (i) equally accessible to all and (ii) immediately realisable without delay. However, the new education system has not completely succeeded in eliminating the legacy of apartheid, and there are residual differences and polarisation on various grounds, such as race and/or class. Accordingly, this article concedes that a critical survey of South African jurisprudence on the realisation of the right to basic education reveals that there are problems in the delivery of the right to basic education in South Africa. This is particularly the case in relation to black and/or poor South African pupils in the public education system. As such, the article intends to show that litigation (or the threat thereto), plays a fundamental role in the realisation and fulfilment of the right to basic education in South Africa.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124689323","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 OVERVIEW OF THE REGULATION OF CRYPTOCURRENCY IN SOUTH AFRICA 南非加密货币监管概述

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3676

Zakariya Adam

引用次数: 0

BALANCING RIGHTS AMIDST SOCIAL MEDIA SCANDALS: HOW EMPLOYERS CAN DEAL WITH EMPLOYEES’ REPUTATION-DAMAGING AND/OR DEFAMATORY SOCIAL MEDIA POSTS 在社交媒体丑闻中平衡权利:雇主如何处理员工声誉受损和/或诽谤性的社交媒体帖子

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3668

A. Pawson

引用次数: 0

SCHOOL OF COURT: THE DEVELOPMENT OF THE RIGHT TO BASIC EDUCATION THROUGH LITIGATION IN SOUTH AFRICAN COURTS 法院学派:南非法院通过诉讼发展基础教育权

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3677

Abena Osei-Fofie, N. Herd

引用次数: 0

THE IMPACT OF TRANSFORMATIVE CONSTITUTIONALISM IN ADDRESSING THE MARGINALISATION OF DOMESTIC WORKERS IN POST- APARTHEID SOUTH AFRICA WITH SPECIFIC REFERENCE TO MAHLANGU AND ANOTHER V MINISTER OF LABOUR AND OTHERS (COMMISSION FOR GENDER EQUALITY AND ANOT 改革宪政对解决后种族隔离时期南非家庭工人边缘化问题的影响，特别提到了mahlangu和另一位劳工部长和其他人(性别平等委员会和另一位)

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3667

Kherina Narotam

{"title":"THE IMPACT OF TRANSFORMATIVE CONSTITUTIONALISM IN ADDRESSING THE MARGINALISATION OF DOMESTIC WORKERS IN POST- APARTHEID SOUTH AFRICA WITH SPECIFIC REFERENCE TO MAHLANGU AND ANOTHER V MINISTER OF LABOUR AND OTHERS (COMMISSION FOR GENDER EQUALITY AND ANOT","authors":"Kherina Narotam","doi":"10.29053/PSLR.V15I1.3667","DOIUrl":"https://doi.org/10.29053/PSLR.V15I1.3667","url":null,"abstract":"Domestic workers play an important role in supporting the labour market and the economy, enabling economically active members of society to pursue their careers and aspirations. Sadly, despite this, domestic work remains undervalued and unrecognised and domestic workers continue to suffer as the most oppressed and exploited sector of the economy. This paper will explore domestic workers’ rights in post-apartheid South Africa, as well as the reforms and measures taken to improve their employment conditions. Transformative constitutionalism will be scrutinised with reference to the case of Mahlangu and another v Minister of Labour and Others (Commission for Gender Equality and Another as amici curiae) as a possible answer to the continued marginalisation of domestic workers. Although transformative constitutionalism as a legal theory is still relevant for transformation, a large-scale cultural reform is also needed before domestic workers will finally enjoy the promise of a free and equal South Africa.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126761905","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

ADMINISTRATIVE JUSTICE AND COMMUNAL SUBSISTENCE FARMING IN FOOT-AND-MOUTH DISEASE CONTROL: THE POSSIBLE APPLICATION OF PROPORTIONALITY AS A GROUND OF REVIEW UNDER THE PROMOTION OF ADMINISTRATIVE JUSTICE ACT 3 OF 2000 口蹄疫控制中的行政司法和社区自给农业:根据2000年第3号《促进行政司法法》可能适用的比例性作为审查依据

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3678

Lielie Viljoen, MP Fourie

{"title":"ADMINISTRATIVE JUSTICE AND COMMUNAL SUBSISTENCE FARMING IN FOOT-AND-MOUTH DISEASE CONTROL: THE POSSIBLE APPLICATION OF PROPORTIONALITY AS A GROUND OF REVIEW UNDER THE PROMOTION OF ADMINISTRATIVE JUSTICE ACT 3 OF 2000","authors":"Lielie Viljoen, MP Fourie","doi":"10.29053/PSLR.V15I1.3678","DOIUrl":"https://doi.org/10.29053/PSLR.V15I1.3678","url":null,"abstract":"As one of the most contagious and economically impactful livestock diseases, foot-and-mouth disease presents South African lawmakers with the complicated issue of animal disease control. The regulation of the disease has a profound impact not only on commercial farmers but on communal subsistence farmers as well, whose stakes in control measures are often overlooked in policy-making. The authors investigate and crystalise the current legislative framework of foot-and-mouth disease control in South Africa against the backdrop of the scientific and epidemiological characteristics of the disease. The application of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) to the control measures concerning the movement of animals is investigated and it is concluded that PAJA’s administrative law requirements apply to both the Animal Diseases Regulations and the policy documents in question. Thereafter the administrative law concept of proportionality is set out and it is shown that the current control measures fall short of the requirements of proportionality as codified in PAJA. Especially when considering the necessity and balance of the control measures in question, it is found that the interests and rights of small-scale communal subsistence farmers are not adequately considered and that international standards, regardless of their applicability to the South African situation, are often blindly imposed, thus leaving these overlooked stakeholders vulnerable to the adverse effects that arise thereafter.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125962757","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

POLICE AND POWER IN A PANDEMIC: REFLECTIONS ON THE RISE OF POLICE BRUTALITY DURING COVID- 19 AND ITS IMPLICATIONS ON SOCIAL JUSTICE IN SOUTH AFRICA 大流行时期的警察与权力:反思2019冠状病毒病期间警察暴行的上升及其对南非社会正义的影响

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3657

Mason Du Plessis

引用次数: 0

THE DEFENSIBILITY OF SOCIO-ECONOMIC RIGHTS IN A STATE OF DISASTER: A SOUTH AFRICAN PERSPECTIVE 灾难状态下社会经济权利的可辩护性:一个南非的观点

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3663

Ishmael Khayelihle Mbambo

引用次数: 0