Pub Date : 2024-04-22DOI: 10.25159/2521-2583/13307
Theunis Kotzé
In the first instalment of this article, the author examined why the United Nations Committee for the Peaceful Uses of Outer Space (UN and UNCOPUOS), established to make international law of outer space, stopped making outer space treaties, and how did the International Institute for the Unification of Private Law (Institute International pour l’unification du Droit Privé or UNIDROIT), a non-UN entity established to unify private law, created with its 2012 Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Space Assets (Space Protocol) what is allegedly the first outer space treaty in (then) thirty-two years. The UNCOPUOS system of public international law treaty-making was compared with the UNIDROIT private international law one; and the question as to whether the UNIDROIT has created a new method of treaty-making. The author now advances recommendations for the UNCOPUOS to produce hard law to cure this unsatisfactory situation. He concludes that the Space Protocol can only form part of space law if one accepts a fourth stage of development of space law as part of a redefining of space law sensu lato, and although multilateral treaty-making is no longer the most appropriate tool for meeting the new needs and requirements, treaties cannot be ignored in international space legislation.
在本文第一部分，作者探讨了为制定外层空间国际法而成立的联合国和平利用外层空间委员会（联合国和外空委）为何停止制定外层空间条约，以及国际统一私法协会（Institute International pour l'unification du Droit Privé or UNIDROIT）是如何停止制定外层空间条约的、国际统一私法协会（Institute International pour l'unification du Droit Privé，简称 UNIDROIT）是一个为统一私法而成立的非联合国实体，其 2012 年《移动设备国际利益公约关于空间资产特有事项的议定书》（《空间议定书》）据称是（当时）三十二年来的首个外层空间条约。作者将联合国和平利用外层空间委员会（UNCOPUOS）的国际公法条约制定系统与国际统一私法协会（UNIDROIT）的国际私法条约制定系统进行了比较，并提出了国际统一私法协会是否创造了一种新的条约制定方法的问题。现在，作者建议联合国和平利用外层空间委员会制定硬性法律，以纠正这种不尽人意的状况。他的结论是，只有接受空间法发展的第四阶段，将其作为重新定义广义空间法的一部分，《空间议定书》才能成为空间法的一部分；虽然多边条约制定不再是满足新需求和新要求的最合适工具，但在国际空间立法中不能忽视条约。
{"title":"Possible Solutions for Outer Space Norm-Making","authors":"Theunis Kotzé","doi":"10.25159/2521-2583/13307","DOIUrl":"https://doi.org/10.25159/2521-2583/13307","url":null,"abstract":"In the first instalment of this article, the author examined why the United Nations Committee for the Peaceful Uses of Outer Space (UN and UNCOPUOS), established to make international law of outer space, stopped making outer space treaties, and how did the International Institute for the Unification of Private Law (Institute International pour l’unification du Droit Privé or UNIDROIT), a non-UN entity established to unify private law, created with its 2012 Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Space Assets (Space Protocol) what is allegedly the first outer space treaty in (then) thirty-two years. The UNCOPUOS system of public international law treaty-making was compared with the UNIDROIT private international law one; and the question as to whether the UNIDROIT has created a new method of treaty-making. The author now advances recommendations for the UNCOPUOS to produce hard law to cure this unsatisfactory situation. He concludes that the Space Protocol can only form part of space law if one accepts a fourth stage of development of space law as part of a redefining of space law sensu lato, and although multilateral treaty-making is no longer the most appropriate tool for meeting the new needs and requirements, treaties cannot be ignored in international space legislation.","PeriodicalId":508638,"journal":{"name":"South African Yearbook of International Law","volume":"34 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140674489","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 : 2024-04-17DOI: 10.25159/2521-2583/15159
Lilian Onyinyechi Uche, Oluchi Azoro-Amadi
Environmental protection is a global concern but action taken varies widely. The absence of sustainable practices in labour and industrial policies in Nigeria has contributed significantly to environmental degradation. This is due to the non-internalisation of environmental concerns and non-adherence to international environmental laws and obligations, which has led to the absence of environmental protection standards as a factor in investment decisions. Studies have shown that minimising environmental impact is essential for the planet and the long-term success and reputation of a business. Therefore, in this article it is argued that a comprehensive set of guidelines and procedures to govern operations in areas such as waste management pollution, energy use, and emissions reduction, as well as employee training and engagement in sustainable practices, will minimise environmental footprints and positively impact on communities. Understanding that commitment to international obligations and national policies reflects the belief that business has a crucial role in preserving the environment for future generations, a regular assessment of progress towards meeting these obligations and seeking opportunities for continuous improvement in national laws are recommended. Employing a legal analysis and literature review methodology, the article will outline and review environmental and industrial policies in Nigeria to see what review or amendment options are available in line with the commitments and obligations under international law, while also making inferences from select countries.
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Pub Date : 2024-04-17DOI: 10.25159/2521-2583/10902
Freedom Panganayi
With the coming into force of the new Constitution in 2013, public procurement was given a constitutional status in Zimbabwe. The Constitution sets out vital principles that public procurement legislation must comply with. Moreover, it is a requirement of the Constitution that the governance of Zimbabwe must be pursued in accordance with Zimbabwe’s international law obligations. Zimbabwe is a founding member of the Common Market for Eastern and Southern Africa (COMESA). To accelerate interstate trade, COMESA promulgated Public Procurement Regulations (PPR) for regional competitive bidding across member states. The viability of the regional trade agreements is hinged on mutual cooperation. Pursuant to the foregoing, member states are required to domesticate international agreements into their municipal laws. In 2017, the Zimbabwean legislature passed the Public Procurement and Disposal of Public Assets Act 5 to give effect to the provisions of section 315(1) of the Constitution (Amendment No. 20), 2013. The public procurement reform agenda in Zimbabwe occurred close to a decade after the adoption of the public procurement regulations by COMESA in 2009. This article explores the obligations imposed on Zimbabwe pursuant to the public procurement regulations. This is done by identifying the public procurement principles enumerated in public procurement regulations, which are binding on member states. This article endeavours to answer the question: To what extent does the Zimbabwean legal framework conform to public procurement regulations? This article notes that the legal framework underlying public procurement in Zimbabwe, by and large, conforms to the bar set in the public procurement regulations. Nonetheless, it highlights Zimbabwe’s public procurement shortcomings. The article concludes by making possible legislative recommendations.
随着 2013 年新《宪法》的生效，公共采购在津巴布韦获得了宪法地位。宪法规定了公共采购立法必须遵守的重要原则。此外，《宪法》还要求津巴布韦的治理必须符合津巴布韦的国际法义务。津巴布韦是东部和南部非洲共同市场（COMESA）的创始成员国。为加快国家间贸易，东南非共同市场颁布了《公共采购条例》（PPR），在各成员国之间进行区域竞标。地区贸易协定的可行性取决于相互合作。根据上述规定，成员国必须将国际协定纳入其国内法。2017 年，津巴布韦立法机构通过了《公共采购和公共资产处置法》（Public Procurement and Disposal of Public Assets Act 5），以落实 2013 年《宪法》（第 20 号修正案）第 315（1）条的规定。津巴布韦的公共采购改革议程是在东南非共同市场于 2009 年通过公共采购条例近十年后启动的。本文探讨了公共采购条例对津巴布韦规定的义务。为此，本文确定了公共采购条例中列举的对成员国具有约束力的公共采购原则。本文试图回答以下问题：津巴布韦的法律框架在多大程度上符合公共采购条例？本文指出，津巴布韦公共采购的法律框架大体上符合公共采购条例规定的标准。尽管如此，本文还是强调了津巴布韦公共采购的不足之处。文章最后提出了可能的立法建议。
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Pub Date : 2024-04-17DOI: 10.25159/2521-2583/11681
Siphosami Malunga
Between 1983 and 1986, the Zimbabwean government deployed the 5th Brigade of the Zimbabwe National Army (ZNA) to the provinces of Matabeleland and Midlands in an operation known as Gukurahundi. The stated aim of the Brigade’s operation was to combat dissidents—armed groups of men, comprising former ZIPRA combatants who had deserted the ZNA alleging that they were being discriminated against and attacked within the ZNA. Also, there were allegations that some were even killed. Instead, the 5th Brigade committed heinous atrocities against civilians in the two provinces. Within six weeks of arriving in Matabeleland North, 2, 000 civilians had been killed. Thousands more were raped, tortured, enforcedly disappeared and their homesteads and property burnt and destroyed. In four years, an estimated 20, 000 people had been killed in an operation covering Matabeleland and Midlands. Despite being presented with documented evidence of atrocities, including through its own Chihambakwe Commission of Enquiry on the disturbances in Matabeleland, the government of Zimbabwe denied that its army had committed atrocities and refused to publish the Commission’s findings. A political settlement between ZANU and ZAPU in 1987 ended the atrocities. The perpetrators of atrocities were pardoned, and there was no accountability or justice for victims. This article examines the Gukurahundi atrocities and evaluates whether they meet the requirements of crimes against humanity (CAH) under international law. The article has three objectives. First, to provide an overview of crimes against humanity, including their origins and historical evolution and development. Second, to examine the contextual, physical and mental elements of CAH. Finally, to evaluate whether the Gukurahundi atrocities meet the legal requirements for the enumerated acts of crimes against humanity. The prohibition of CAH carries an international obligation to investigate, prosecute and punish the crimes. If the 5th Brigade is found to have committed CAH, the perpetrators are liable to be investigated, prosecuted and punished under international law.
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Pub Date : 2023-09-07DOI: 10.25159/2521-2583/10990
Sylvester Anya, Samuel Nwatu, John Olorunfemi
Kidnapping, hostage taking, armed robbery, and bomb and gun attacks, among other terrorist activities perpetrated in the Boko Haram insurgency, especially in the Northeastern part of Nigeria, have led to wanton loss and destruction of life and property, violations of fundamental rights, socio-economic dislocation, and fear of insecurity generally. War crimes and crimes against humanity have allegedly been committed in the insurgency. The study aims to ascertain the best approach for the International Criminal Court (ICC) to exercise complementary jurisdiction towards eradicating the Boko Haram insurgency in Nigeria. While revealing the limitations of the Nigerian domestic system and pointing out the procedural and substantive flaws of the ICC in the fulfilment of its mandate, the paper recommends proactive complementarity in effectively tackling the insurgency. It concludes by advocating for domestication, better cooperation, and collaborative strategies with the international community to eradicate the Boko Haram insurgency in Nigeria.
{"title":"Eradicating Boko Haram Insurgency in Nigeria through the Complementarity of the ICC","authors":"Sylvester Anya, Samuel Nwatu, John Olorunfemi","doi":"10.25159/2521-2583/10990","DOIUrl":"https://doi.org/10.25159/2521-2583/10990","url":null,"abstract":"Kidnapping, hostage taking, armed robbery, and bomb and gun attacks, among other terrorist activities perpetrated in the Boko Haram insurgency, especially in the Northeastern part of Nigeria, have led to wanton loss and destruction of life and property, violations of fundamental rights, socio-economic dislocation, and fear of insecurity generally. War crimes and crimes against humanity have allegedly been committed in the insurgency. The study aims to ascertain the best approach for the International Criminal Court (ICC) to exercise complementary jurisdiction towards eradicating the Boko Haram insurgency in Nigeria. While revealing the limitations of the Nigerian domestic system and pointing out the procedural and substantive flaws of the ICC in the fulfilment of its mandate, the paper recommends proactive complementarity in effectively tackling the insurgency. It concludes by advocating for domestication, better cooperation, and collaborative strategies with the international community to eradicate the Boko Haram insurgency in Nigeria.","PeriodicalId":508638,"journal":{"name":"South African Yearbook of International Law","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139341818","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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