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Masters Degrees (International Law)

Permanent URI for this collectionhttps://hdl.handle.net/10413/10967

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Browsing Masters Degrees (International Law) by Issue Date

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    A critical discussion on the role of Aid for Trade in the realization of the MDG 8 with regards to Ghana and Nigeria.
    (2013) Pillay, Chanelle Fairlene.; Stevens, Clydenia Edwina.
    No abstract available.
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    The effect of the agreement on agriculture on the relationship between South Africa and the European Union.
    (2016) Deeplal, Nikhiel.; Stevens, Clydenia Edwina.
    Abstract not available.
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    The human rights jurisdiction of the SADC tribunal and the East African Court of Justice : legal and political implications.
    (2016) Tembo, Simbarashe.; Gevers, Christopher Carl.
    Sub-regional Economic Communities have increasingly become important in the promotion, protection, and human rights in Africa. Sub-regional human rights courts potentially bring international justice closer to victims in their respective regions. However, there is a debate surrounding the acquisition of human rights jurisdiction by the SADC Tribunal and the East African Court of Justice through broad purposive interpretation of their respective treaties. Many scholars however agree that the judges correctly afforded human rights jurisdiction to both Courts. They argue that human rights jurisdiction is an incident of the principles rule of law, democracy and good governance, which find meaning within the ambit of both treaties. The cases of Mike Campbell v The Republic of Zimbabwe, in the SADC Tribunal, and Katabazi v The Secretary General of the EAC, in the EACJ resulted in the conferment of human rights jurisdiction on both Courts. Even though these cases were fundamentally similar, they received varying responses from their respective Sub-regional Economic Communities. This work critically analyses the human rights jurisdiction of these Courts and unpacks these different reactions. The SADC Tribunal is currently suspended and a New Protocol to establish a new Tribunal without human rights jurisdiction was adopted. By using Roux’s theory of ‘tactical adjudication’, it aims to show how the negative reaction to the SADC Tribunal’s judgment might have been avoided or mitigated, thereby maintaining its institutional security.
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    International trade law: the legal status of World Trade Organization laws on anti-dumping and intellectual property in South Africa and Zimbabwe.
    (2019) Kamusasa, Walter Kuzivakwashe.; Soni, Sheetal Jacqueline.
    Abstract available in PDF.
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    Immunity before foreign and domestic tribunals.
    (2020) Emedi, Yolanda Lohelo.; Goosen, Samantha.; Soni, Sheetal Jacqueline.
    Under customary international law, many high-ranking state officials enjoyed exemption from prosecution by foreign criminal or civil jurisdictions for crimes committed. However, with the advent of the International Criminal Court, whether personal immunity as a valid defence exists before international and domestic tribunals remains questionable. This research interrogates the extent to which a sitting head of state charged with an international crime can rely on personal immunity. The study analyses the leading case of the former Sudanese head of state; Al-Bashir from 2009, by the Pre-trial Chamber of the ICC and the involvement of other independent states in this process and the developments made answering the question of whether immunity remains. This study addresses the conflicting tensions that states have faced, not only This study addresses the conflicting tensions that states have faced, not only in terms of articles 27 and 98 of the Rome Statute of the International Criminal Court (hereafter Rome Statute), but also other conflicting obligations which have made successful execution of arrest and prosecution difficult. These include membership of the African Union as well as the lack of capacity and structure of member states to execute such requests. In addition, the fact that heads of state may no longer enjoy immunity, whether personal or otherwise, threatens the very sovereignty of states. Based on the findings of this study, it can be stated that personal immunity accorded to a head of state can no longer be raised as a valid defence before an international tribunal. However, the same cannot be said of foreign domestic tribunals. This study concludes that a sitting head of state charged for breaking the rules of international law can be subjected to the jurisdiction of the any tribunal, more so if the official is said to have vacated the office.