South African yearbook of international law最新文献

Inclusivity in the Settlement of Investment Disputes: Making a Case for Local Communities 解决投资争端的包容性：为当地社区辩护

South African yearbook of international law Pub Date : 2023-12-20 DOI: 10.25159/2521-2583/13128

Rimdolmsom Kabré

{"title":"Inclusivity in the Settlement of Investment Disputes: Making a Case for Local Communities","authors":"Rimdolmsom Kabré","doi":"10.25159/2521-2583/13128","DOIUrl":"https://doi.org/10.25159/2521-2583/13128","url":null,"abstract":"This contribution examines the extent to which the Investor-State Dispute Settlement (ISDS) system takes into consideration the rights and interests of local African communities affected by investment disputes but are not parties to them. It argues that these communities receive unsatisfactory treatment, which often leads to their exclusion (or non-inclusion) from ISDS. The contribution goes further by exploring reforms likely to better protect these communities, increase their inclusion in ISDS as well as the legitimacy of the investment regime. The first part examines the raison d’être for inclusivity in investment arbitration and why it is important to talk about the inclusion of communities in investment adjudication. Zooming in on the case of African communities, the second part analyses the current participation of these communities in the settlement of investment disputes and attempts to demonstrate that this participation is limited and could lead to a partial or total denial of justice for affected communities, in other words, exclusion. The final part looks at some of the reforms and ideas that are currently being considered for better protection and inclusion of these communities.","PeriodicalId":485204,"journal":{"name":"South African yearbook of international law","volume":"77 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138957854","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

Prospects and Challenges of Extracting Scientific Publications from a Doctoral Thesis in International Economic Law: An Academic Excursion 从国际经济法博士论文中提取科学出版物的前景与挑战：学术考察

South African yearbook of international law Pub Date : 2023-12-14 DOI: 10.25159/2521-2583/15123

L. Mhlongo

{"title":"Prospects and Challenges of Extracting Scientific Publications from a Doctoral Thesis in International Economic Law: An Academic Excursion","authors":"L. Mhlongo","doi":"10.25159/2521-2583/15123","DOIUrl":"https://doi.org/10.25159/2521-2583/15123","url":null,"abstract":"Africa produces less than one per cent of the total global research outputs. This is despite African institutions having been involved in producing knowledge for millennia. The centres of learning of Alexandria in Egypt, the ancient universities of Timbuktu and the monasteries run by Christian organisations in the third century BC are notable instances of research and knowledge production on the African continent. Today, Africa is lagging behind in knowledge production, including knowledge about Africa and Africans themselves. As a response, African universities, particularly in South Africa, have adopted strategies to increase knowledge production.\u0000Amongst the approaches taken is the growing trend to demand co-authorship between supervisors and their supervisees, ensuring that portions of the postgraduate Doctoral research eventually feature as a journal article or a book chapter. The other approach has been for some universities to demand that the student must publish two chapters or one chapter from their thesis before they are permitted to graduate. While both these approaches are commendable, the fact remains that universities are not doing enough to equip these emerging researchers to transition from mere students to published authors in peer-reviewed accredited journals. This article interrogates the challenges and prospects brought about by this academic demand, the causes of some of these challenges, and how students who are registered for international economic law can successfully navigate these barriers. The article draws from the author’s personal experience in converting her Doctoral chapters into published journal articles.","PeriodicalId":485204,"journal":{"name":"South African yearbook of international law","volume":"25 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138972150","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 Content and Function of Cosmopolitanism in a Selection of International Criminal Law Tribunals 部分国际刑法法庭中世界主义的内容和功能

South African yearbook of international law Pub Date : 2023-12-14 DOI: 10.25159/2521-2583/13457

Albert Nell

{"title":"The Content and Function of Cosmopolitanism in a Selection of International Criminal Law Tribunals","authors":"Albert Nell","doi":"10.25159/2521-2583/13457","DOIUrl":"https://doi.org/10.25159/2521-2583/13457","url":null,"abstract":"Reasoning and justifications before the international criminal tribunals and courts (ICTs) have not always strictly kept to legal rules and/or legal standards. At times, philosophical structures were used directly in argument. Consequently, this article is, in particular, concerned with cosmopolitanism in arguments and judgments from a selection of counsel and judges emanating from the Nuremberg and Tokyo International Military Tribunals as well as the ad hoc International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). It aims to provide an analysis of how the different generations of ICT and the different role-players therein used cosmopolitanism in their arguments. While not a treatise on cosmopolitanism as such, the article will identify and consider several broad cosmopolitan strands relevant to the selected arguments. The ensuing analysis will propose a taxonomy of specific arguments from the selected role-players addressing (1) the existence of a homogeneous civilisation and/or common morality as a descriptive truth or falsity, (2) the progressive realisation of the international society as a normative aspiration and (3) the relationship of the duty to the international community versus that owed to the domestic community of birth. Thereafter, the article will discuss plausible functions, in addition to persuasion, served by these arguments (including winning the case, undermining or supporting the legitimacy of the ICL proceedings in their entirety and/or controlling the subsequent historical narrative). Finally, the article will situate these investigations within the broader study of philosophy at the selected ICTs.","PeriodicalId":485204,"journal":{"name":"South African yearbook of international law","volume":"22 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138971507","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

Restrictions on Freedom of Religion in the Time of National Disaster—Lessons from Mohamed and Others v President of the Republic of South Africa and Others 国家灾难时期对宗教自由的限制--从穆罕默德等人诉南非共和国总统等人案中汲取的教训

South African yearbook of international law Pub Date : 2023-12-13 DOI: 10.25159/2521-2583/14932

Angelo Dube

{"title":"Restrictions on Freedom of Religion in the Time of National Disaster—Lessons from Mohamed and Others v President of the Republic of South Africa and Others","authors":"Angelo Dube","doi":"10.25159/2521-2583/14932","DOIUrl":"https://doi.org/10.25159/2521-2583/14932","url":null,"abstract":"In late 2019, reports of a novel influenza-like virus emerged from China, whose Province of Wuhan was severely affected. It was not until February 2020 that the World Health Organisation was able to give this virus the name Covid-19. At that stage, the world was clearly dealing with a pandemic. Governments worldwide, including the South African government, responded by declaring a state of disaster and imposing restrictions on travelling and public assemblies. After declaring a state of disaster, the government promulgated the lockdown regulations, which prohibited, amongst others, congregating for religious purposes. A group of adherents of the Islamic faith felt aggrieved by these regulations, alleging that they were irrational and unreasonable, to the extent that they unfairly limited their freedom of movement and religion. They launched a constitutional challenge in the High Court in the case of Mohamed and Others v President of the Republic of South Africa and Others. In casu, the court had to deal with the novel issue of the limitation of rights in the context of a pandemic, as well as the rights of religious minorities.","PeriodicalId":485204,"journal":{"name":"South African yearbook of international law","volume":"15 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139005331","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