Pub Date : 1997-03-01DOI: 10.5040/9781472558787.ch-014
P. Osode
An unmistakable feature of international commerce during the last four decades has been the active participation of developing countries, usually in the form of contractual relationships with foreign private parties. Development economists believe that many developing countries do not have, nor can they generate enough savings to finance industrialisation. The direct result is their inability effectively to pursue their development aspirations without foreign investment. Knowing that doing business with a developing state is tantamount to dealing with a partner whose legal rights, prerogatives and competence in the domestic and international legal orders may be vastly superior to those of the foreign investor, the latter has consistently demonstrated an 'almost omnivorous desire for protection of his investment'. Consequently, state contracts with foreign private parties, the subject of this paper, consistently contain, inter alia, provisions for the settlement of disputes by arbitration and for the regulation of the contracts by a body of law acceptable to the investor.
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Pub Date : 1992-07-01DOI: 10.1080/02587203.1992.11827871
John Murphy
Many parallels can be drawn between the Indian experience and the current situation in South Africa. Not least, both countries share the urgency of all developing nations to achieve greater social justice through a redistribution of wealth. As part of its quest for freedom, India too faced the formidable burden of delivering the mass of its people from poverty and ignorance. The popular demand for the elimination of vast disparities in wealth was accompanied by calls for social control over the economy. Once it took power, the newly elected Congress government embarked upon a selective policy of nationalisation and land reform as the means of attaining political equity in the economy. The process offers an intriguing comparative case study. Another feature the two countries are certain to have in common emanates from the human rights orientation of their popular democratic struggles against domination. The article attempts and analysis of the link between the political and legal processes in the steps undertaken after independence to socialise the Indian rural economy by way of land reform.
{"title":"Insulating land reform constitutional impugnment: an Indian case study","authors":"John Murphy","doi":"10.1080/02587203.1992.11827871","DOIUrl":"https://doi.org/10.1080/02587203.1992.11827871","url":null,"abstract":"Many parallels can be drawn between the Indian experience and the current situation in South Africa. Not least, both countries share the urgency of all developing nations to achieve greater social justice through a redistribution of wealth. As part of its quest for freedom, India too faced the formidable burden of delivering the mass of its people from poverty and ignorance. The popular demand for the elimination of vast disparities in wealth was accompanied by calls for social control over the economy. Once it took power, the newly elected Congress government embarked upon a selective policy of nationalisation and land reform as the means of attaining political equity in the economy. The process offers an intriguing comparative case study. Another feature the two countries are certain to have in common emanates from the human rights orientation of their popular democratic struggles against domination. The article attempts and analysis of the link between the political and legal processes in the steps undertaken after independence to socialise the Indian rural economy by way of land reform.","PeriodicalId":29899,"journal":{"name":"Comparative and International Law Journal of Southern Africa-CILSA","volume":"25 1","pages":"129-155"},"PeriodicalIF":0.1,"publicationDate":"1992-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/02587203.1992.11827871","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59279785","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}
Pub Date : 1990-07-01DOI: 10.5771/0506-7286-1991-1-28
J. Baloro
The purpose of this article is to examine the international legal aspects of African indebtedness. It addresses the various international responses, both African and otherwise, which have evolved in relation to the debt position. Furthermore, the article considers what norms of general international law may be invoked in a bid to resolve this important contemporary problem facing Africa and the international community.
{"title":"African responses to the debt crisis: the relevance of public international law","authors":"J. Baloro","doi":"10.5771/0506-7286-1991-1-28","DOIUrl":"https://doi.org/10.5771/0506-7286-1991-1-28","url":null,"abstract":"The purpose of this article is to examine the international legal aspects of African indebtedness. It addresses the various international responses, both African and otherwise, which have evolved in relation to the debt position. Furthermore, the article considers what norms of general international law may be invoked in a bid to resolve this important contemporary problem facing Africa and the international community.","PeriodicalId":29899,"journal":{"name":"Comparative and International Law Journal of Southern Africa-CILSA","volume":"23 1","pages":"139-161"},"PeriodicalIF":0.1,"publicationDate":"1990-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71285856","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}
The United Nations Convention on Contracts for the International Sale of Goods was adopted and opened for signature at a diplomatic conference in Vienna on 11 April 1980. South Africa was not represented at the conference and the Department of Industries and Commerce has asked ASSOCOM to comment on the desirability of South Africa acceding to the Convention. There is the possibility, therefore, that the Convention will become part of our law. The purpose of the Convention is to achieve a universal law of international sale. As such it constitutes another step towards the ideal of global uniformity in the law of international commercial transactions. An analysis of the 101 articles contained in the convention is quite beyond the scope of a journal article. The purpose of this article is fourfold: (a) to place the Convention in some historical perspective; (b) to discuss the legal environment into which the Convention is being introduced; (c) to consider the form of the Convention and to refer specifically to those articles which define the sphere of application of the Convention, and to refer to the general provisions which are designed to steer national courts away from the conceptual peduliarities of their domestic legal systems and towards a universal construction of the Convention; (d) to evaluate the role of the Convention in bringing South Africa closer to a universal law of sale where the sale is an international one.
{"title":"The United Nations Convention on Contracts for the International Sale of Goods","authors":"G. Barton","doi":"10.1093/ulr/os-8.1.61","DOIUrl":"https://doi.org/10.1093/ulr/os-8.1.61","url":null,"abstract":"The United Nations Convention on Contracts for the International Sale of Goods was adopted and opened for signature at a diplomatic conference in Vienna on 11 April 1980. South Africa was not represented at the conference and the Department of Industries and Commerce has asked ASSOCOM to comment on the desirability of South Africa acceding to the Convention. There is the possibility, therefore, that the Convention will become part of our law. The purpose of the Convention is to achieve a universal law of international sale. As such it constitutes another step towards the ideal of global uniformity in the law of international commercial transactions. An analysis of the 101 articles contained in the convention is quite beyond the scope of a journal article. The purpose of this article is fourfold: (a) to place the Convention in some historical perspective; (b) to discuss the legal environment into which the Convention is being introduced; (c) to consider the form of the Convention and to refer specifically to those articles which define the sphere of application of the Convention, and to refer to the general provisions which are designed to steer national courts away from the conceptual peduliarities of their domestic legal systems and towards a universal construction of the Convention; (d) to evaluate the role of the Convention in bringing South Africa closer to a universal law of sale where the sale is an international one.","PeriodicalId":29899,"journal":{"name":"Comparative and International Law Journal of Southern Africa-CILSA","volume":"18 1","pages":"21-35"},"PeriodicalIF":0.1,"publicationDate":"1985-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/ulr/os-8.1.61","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61099888","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}
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