http://www.journals.co.za/ej/ejour_sayil.html A Sabinet RSS feed with the latest modified articles for each journal. http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a1.pdf <UL><LI><b>Author:</b> Teles, Miguel Galvao </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 1-36</LI> <LI><b>Abstract:</b> This article discusses 'treaty survival' in the light of the 1969 agreement between the Portuguese Republic and the Republic of South Africa governing the Cahora Bassa hydroelectric project. We therefore are dealing with a treaty, relating specifically to a territory that became the territory of a newly independent state, which continued between the original parties after independence with the newly independent state having consented to the survival of the treaty. </LI></UL> 2013-04-02T10:30:43Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a2.pdf <UL><LI><b>Author:</b> Gupta, Arpita </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 37-60</LI> <LI><b>Abstract:</b> The growing body of literature dealing with the concept of constitutionalism is a reflection of a novel phenomenon observable in the rapid rise of transnational bodies, the expansion of the ambit of international law, and an increased obligation on the part of states to abide by international law and the decisions of transnational bodies. This development, which moves beyond the Westphalian model of ultimate state sovereignty in the international sphere, is exhibited in the cumulative coinage and use of transnational terminology like 'world order', 'global governance', 'global administrative law', and not least, 'globalisation'. In order to avoid chaos in terms of understanding this complex development, it is crucial to set out how the relationships and interactions operate at supranational levels. The constitutional perspective provides a cogent understanding and deep insight into the working of this development. </LI></UL> 2013-04-02T10:30:43Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a3.pdf <UL><LI><b>Author:</b> Oguttu, Annet Wanyana </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 61-93</LI> <LI><b>Abstract:</b> Multinational enterprises which seek to invest in a geographical region often choose certain countries as a base from which they can expand their investments to the other countries in the region. When it comes to the African continent, South Africa is considered 'the economic powerhouse of Africa'. Its 'sizable economy, political stability and overall strength in financial services' makes the country a potential location from which foreign investors can extend their investments into the rest of Africa. Foreign investors would also be able to make use of South Africa's network of double taxation treaties to trade with other African countries. </LI></UL> 2013-04-02T10:30:43Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a4.pdf <UL><LI><b>Author:</b> Pronto, Arnold N. </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 94-119</LI> <LI><b>Abstract:</b> As subjects of international law, international organisations are capable of incurring international responsibility for the commission of internationally wrongful acts. Even though this consequence of their status under international law has always been implied, it is only recently that it has been the subject of sustained examination. In 2011, the International Law Commission (ILC) adopted the 'Draft Articles on the Responsibility of International Organisations' (2011 RIO articles), which represent a major attempt at elaborating the consequences of breaches of international obligations owed by an international organisation to another subject of international law - whether a state or states or another international organisation. Their elaboration, which has not been without a measure of controversy, also serves as an interesting case-study on the contemporary process of the elaboration of international norms, and the promotion of their progressive development and codification within the context of the ILC. </LI></UL> 2013-04-02T10:30:43Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a5.pdf <UL><LI><b>Author:</b> Wallace, Rebecca M. M. Janeczko, Fraser A. W. </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 120-145</LI> <LI><b>Abstract:</b> This article examines the obligations addressed to European Union (EU) member states as set out in the 'Directive on Preventing and Combating Trafficking in Human Beings and Protecting its Victims' (Directive). The Directive, passed by the European Parliament and the Council of the EU on 5 April 2011, replaces an earlier 'Framework Decision on Combating Human Trafficking' (Framework Decision). On the EU's agenda for almost a decade since the passing of the Framework Decision, the Directive is significant in that it was adopted in the wake of the Lisbon Treaty reforms. Initially the United Kingdom (UK) expressed its intention not to participate in the Directive on the basis that ‘[the UK has] put everything that is in the Directive in place', although it did indicate that its position would be reviewed once the Directive had been passed. On 14 December 2010, the European Parliament voted overwhelmingly in favour of the Directive by 643 votes to 10; the UK opted in shortly thereafter. EU member states now have two years in which to align their domestic laws with the Directive. This article analyses and evaluates the extent to which the obligations contained in the Directive are already assumed under existing international law and, in the case of the UK, in current domestic law. </LI></UL> 2013-04-02T10:30:43Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a6.pdf <UL><LI><b>Author:</b> De Wet, J. G. S. </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 146-162</LI> <LI><b>Abstract:</b> It is again a privilege for the Office of the Chief State Law Adviser (International law) at the Department of International Relations and Cooperation to share some of its activities during 2011 with the wider international community. In a year in which the use of force by states - and the legal limits thereof - once again taxed international lawyers the world over, the law advisers of the office were often reminded of the conditions for self-defence set out in beautiful prose in the 1841 letter of the United States Secretary of State, Daniel Webster, to the British Minister in Washington, relating to the destruction of the vessel The Caroline. The famous 'Webster formula' listed a number of conditions that must be present for legitimate self-defence against a threat, amongst others that 'no moment for deliberation' must remain. </LI></UL> 2013-04-02T10:30:43Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a7.pdf <UL><LI><b>Author:</b> Rudman, E.A.B. </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 163-182</LI> <LI><b>Abstract:</b> The Convention on the Elimination of All Forms of Discrimination Against Women (the CEDAW Convention) has been in force for over thirty years; but the battle against discrimination and abuse of women is far from over. In the reverberation of the anti-essentialist critique of the second wave of the (legal) feminist movement, we are in need of as many perspectives and experiences as possible to find new and innovative ways of protecting the basic rights of women to life, equality, health and dignity. In the fight against gender inequality, women around the world have traditionally formed networks and coalitions to advance women's rights, to educate the public, and to give greater exposure to the many problems women face around the globe. </LI></UL> 2013-04-02T10:30:43Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a7a.pdf <UL><LI><b>Author:</b> Abioye, Funmi </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 183-201</LI> <LI><b>Abstract:</b> The African Peer Review Mechanism (APRM) is no longer new to us in Africa. Since it was first mooted in 2002, and established in 2003 as a mechanism to monitor and measure adherence to the rule of law in Africa, there has been widespread interest in the structure and workings of the mechanism. The establishment of the APRM gave rise to both optimism and scepticism in Africa. The optimism was borne from the impression that finally the continent was doing something for itself about its problems, whereas the scepticism was based on the failure of various African initiatives to address the problems faced by the continent. As we approach a full decade of the functioning of the APRM, it is time to take stock, and to examine if indeed the mechanism has lived up to expectations, and if it is still relevant on the continent. </LI></UL> 2013-04-02T10:30:43Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a7b.pdf <UL><LI><b>Author:</b> Scholtz, Werner </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 201-208</LI> <LI><b>Abstract:</b> Although the impact of climate change is global, these consequences are not evenly distributed. The Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment Working Group II Report makes it clear that Africa is one of the continents most vulnerable to the effects of climate change. During the twentieth century alone, the African continent has seen an average warming of 0,5 degrees. Climate variability and change will have a significant effect on the following: access to and demand for water, the agricultural sector, the use of energy, the health sector, coastal zones, tourism, settlements and infrastructure, as well as aquatic and terrestrial ecosystems. The African continent is, however, not responsible for this dire situation. The African contribution to climate change is negligible. African states contributed a meagre 3,6 per cent of global greenhouse gas emissions by 2000 and the <i>per capita</i> contributions from most African states are also minute. </LI></UL> 2013-04-02T10:30:43Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a7c.pdf <UL><LI><b>Author:</b> Fagbayibo, Babatunde </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 209-225</LI> <LI><b>Abstract:</b> The truism that 'the quality of institution trumps everything else' continues to shape the mechanics of contemporary institution building. The bias for quality institutions stems from the understanding that they bring about high efficiency and qualitative output. The empirical reality of the centrality of strong institutions to growth and development in the post-1945 global order lends considerable weight to this belief. The economic recovery of western European nations after the Second World War, the rise of the 'Asian tiger' economies, the increasing relevance of the European Union (EU), and the Botswana phenomenon are some of the corollaries of quality institutions. </LI></UL> 2013-04-02T10:30:43Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a7d.pdf <UL><LI><b>Author:</b> Waschefort, Gus </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 226-236</LI> <LI><b>Abstract:</b> The notion of the 'Law of nations' was generally understood to be 'a body of rules and principles which are binding upon states in their relations with one another'. By 1949, when the International Court of Justice (ICJ) rendered its opinion in the <i>Reparations for Injuries Suffered in the Employment of the United Nations</i> case, it became clear that such a traditional conception of 'the law of nations' had become antiquated. Thus began the shift from a definition of 'the law of nations', that was limited to states as subjects of the law, to what we call now 'international law', which extends recognition of legal personality to entities other than states. International law scholarship and practice suggest that this extension of legal personality is very limited, and includes only international organisations, and in very exceptional circumstances, non-state organisations, such as the International Committee of the Red Cross. </LI></UL> 2013-04-02T10:30:44Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a8.pdf <UL><LI><b>Author:</b> Pronto, Arnold N. </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 237-260</LI> <LI><b>Abstract:</b> The Legal Committee of the General Assembly, commonly known as the 'Sixth Committee', is one of the Main Committees of the United Nations General Assembly. As its name suggests, it is the subsidiary body of the Assembly in which legal matters are to be considered. In practice, legal questions (including those relating to international law) are, on occasion, also raised in other Main Committees in relation to, for example, disarmament (First Committee) and the protection of human rights (Third Committee). Nonetheless, those issues are raised in particular contexts and linked to the specific competences of those Committees. The Sixth Committee enjoys a general competence over legal matters, without restriction to any specific topic or thematic area. Nor is it, necessarily, limited to considering matters of public international law (although the majority of its work tends to be in that area): it also considers legal questions pertaining more to private international law (such as those relating to trade and international commercial law), as well as the internal rules of organisation, for example, pertaining to the administration of justice within the United Nations. It has even considered some topics which arguably relate to the internal law of the members states of the United Nations. </LI></UL> 2013-04-02T10:30:44Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a9.pdf <UL><LI><b>Author:</b> Schlemmer, E.C. </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 261-282</LI> <LI><b>Abstract:</b> The period after the two world wars saw a sharp increase in the creation of international organisations with different objectives and purposes and with different capacities and structures. Africa was no exception; a number of treaties were signed creating new organisations all aimed at assisting development in Africa. A range of regional organisations were formed and each of these created additional international organisations to assist in the development of the region. </LI></UL> 2013-04-02T10:30:44Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a9a.pdf <UL><LI><b>Author:</b> Olivier, Michele Botha, Neville </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 282-297</LI> <LI><b>Abstract:</b> As a British colony, subsequently a British Dominion, and finally an independent Republic, South Africa for many years owed most of its extradition arrangements to succession to treaties concluded by Britain and extended to South Africa as a British 'possession'. As a British possession, extradition between the United Kingdom and South Africa was governed, up to South African independence, not by treaty, but by the British Fugitive Offenders Act 1881 a piece of British municipal legislation. </LI></UL> 2013-04-02T10:30:44Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a10.pdf <UL><LI><b>Author:</b> Singh, Sandhiya </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 298-307</LI> <LI><b>Abstract:</b> The application of the law of diplomatic protection has been relatively settled for some time. The individual, not a traditional subject of international law, has been reliant on his state of nationality to use diplomatic protection to protect his interests where a foreign state has violated his international human rights. South African courts have, in the past, followed international precedent when confronted with citizens seeking the state's exercise of diplomatic protection. Following the so-called land grabs in Zimbabwe, Von Abo, a South African, with farming interests in that country, approached the South African government and requested that it protect his property interests in Zimbabwe through the exercise of its right to diplomatic protection. When he obtained no relief, he approached the High Court. </LI></UL> 2013-04-02T10:30:44Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a10a.pdf <UL><LI><b>Author:</b> Gowar, Christin </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 307-325</LI> <LI><b>Abstract:</b> The Vienna Convention on the Law of Treaties defines a treaty as 'an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation'. When a treaty enters into force, it binds those who are party to it and obliges these parties to perform in terms of the treaty in good faith, without dictating how this should be done. When an international treaty enters into force, it becomes binding on the parties in the international sphere, but the status of international law obligations within a state's domestic legal system can vary. Whether the particular rights and obligations created in the international sphere by treaties give rise to enforceable domestic rights and obligations depends on the approach adopted by a state to the incorporation of international law into domestic law. </LI></UL> 2013-04-02T10:30:44Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a11.pdf <UL><LI><b>Author:</b> Spies, Yolanda </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 326-345</LI> <LI><b>Abstract:</b> The first year of the second decade of the 21st century was replete with enormity in the international relations sphere, ranging from the natural disaster of Japan's earthquake, to the human-engineered financial meltdown at the heart of the world's largest economic bloc, the European Union. Within an otherwise turbulent year, some aspiring states took audacious steps: South Sudan became the world's newest sovereign state when it obtained independence on 9 July 2011 and less than a week later joined the United Nations (UN), while a few months later Palestine tried, with much fanfare but less success, to do the same. </LI></UL> 2013-04-02T10:30:44Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a12.pdf <UL><LI><b>Author:</b> Beukes, Margaret </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 346-361</LI> <LI><b>Abstract:</b> Southern African events of international significance - 2010 </LI></UL> 2013-04-02T10:30:44Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a13.pdf <UL><LI><b>Author:</b> Van der Walt, Rika </LI><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 362-384</LI> <LI><b>Abstract:</b> Treaties and literature </LI></UL> 2013-04-02T10:30:44Z http://reference.sabinet.co.za/webx/access/electronic_journals/sayil/sayil_v36_a14.pdf <UL><LI><b>Vol 36 </b></LI> <LI><b>Publication:</b> 2011</LI> <LI><b>Page:</b> 385-397</LI> <LI><b>Abstract:</b> Table of cases </LI></UL> 2013-04-02T10:30:44Z