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- Volume 29, Issue 3, 1996
Comparative and International Law Journal of Southern Africa - Volume 29, Issue 3, 1996
Volumes & issues
Volume 29, Issue 3, 1996
Author A.M. LadanSource: Comparative and International Law Journal of Southern Africa 29 (1996)More Less
Observers have noted that the push given by African States to the two hundred nautical mile maritime claims was the 'turning point' in the forging of the Exclusive Economic Zone (EEZ) concept. As often happens, one observer has written, the new African converts to the cause of broad claims became more radical than the original leaders of the cause they had adopted. 16 It is further significant that an African, FX Njenga, has been credited with the conception of the exclusive economic zone. This article sets out to examine how African states have grappled with their new-found rights and obligations in maritime practice, which until the mid-1970s, had been largely alien to African coastal states. The article shows that within the framework of their constraints, African states have made progress, particularly in fisheries. Available evidence shows, nonetheless, that when their efforts are viewed in the context of international developments in marine and maritime activities there is a long way to go before there will be any semblance of parity between African states and states on other continents.
Author S.A. StraussSource: Comparative and International Law Journal of Southern Africa 29, pp 282 –294 (1996)More Less
Schizophrenia is one of the most common forms of mental illness observed in accused persons in the criminal courts. It is in fact one of the most common forms of mental illness occurring in society. If we accept the figure of one per cent for South Africa, it means that there are at this moment probably more than 400 000 persons with schizophrenia in this country. It has been estimated that in America oneÂ·fifth of all chronic disability - including both physical and mental illness - is due to schizophrenia. About ten per cent of all homeless individuals in that country are said to have schizophrenia. It is clear that long before the condition was given a name, it presented itself in the criminal courts in relation to the criminal responsibility and management of the mentally ill. It may be safely assumed that the concept of furiosus us used by our common law authors was also applied to this condition. This is undoubtedly also true of the group of persons which a RomanÂ·Dutch jurist of the same period descriptionbed as mad (dolle) and insane (kranksinnige) persons. t
Author David A. AilolaSource: Comparative and International Law Journal of Southern Africa 29, pp 295 –316 (1996)More Less
Many African countries have therefore gone out of their way not only to adopt investment orientated policies, but also to promulgate laws and incentives, often in competition with each other, but sometimes reproducing the same provisions, in the hope of attracting investors. The main bulk of these laws, like other initial exercises of sovereign power, manifested themselves in the early to mid- independence years from 1960 to 1990.8 However, in recent years major amendments and re-enactments have appeared. Even Marxist and socialist governments such as Algeria and Mozambique have adopted investor friendly laws. But even more Significantly, virtually all of the newly promulgated African statutes contain tax incentives restricted to a number of years or industries. They also offer tariff protection to incoming capital goods acquired by investors. In turn, however, they impose a number of duties and obligations on investors. Investors are for instance, required to create employment for nationals of the host countries, to bring in technology, provide training, use local materials, set up in rural areas, and give priority to the appointment of local managers. In this article we highlight the nature of the laws and incentives adopted by countries of the Southern African region to attract foreign investors.
Author Divya SinghSource: Comparative and International Law Journal of Southern Africa 29, pp 317 –328 (1996)More Less
In South Africa, there are currently no statistics or data dealing with the numbers of cohabiting couples but reasonable impressions indicate that the practice is prevalent and on the increase. Cohabitation today is less stigmatised than in the past. Its increasing social acceptability and the absence of stricture and formality appear to make it increasingly popular, yet it is precisely these perceived 'advantages' which create the greatest potential for problems. In the past, in South Africa, couples may have elected to live together in concubinage (rather than marry) because of the obvious tax benefits at a time when married women were the most heavily burdened citizens, or because married women were immediately excluded from many state or other work-related subsidies. This has all changed, yet evidence indicates that cohabitation remains a popular lifestyle despite the lack of legal rules regulating the rights of cohabiters. Even today many people believe that simply living with another person for a continuous period establishes legal rights and duties between them.
Author Karin van MarleSource: Comparative and International Law Journal of Southern Africa 29, pp 329 –337 (1996)More Less
In the current South African situation, where we are striving towards political, social and legal transformation, certain basic concepts call for definition. 'Transformation'; the difference between an 'ethical' and a 'moral' approach; 'ethical feminism'; 'deconstruction'; Derrida's diffÃ©rance and 'interpretation' and 'justice' are interrelated concepts, relevant to reconstruction, not only on a theoretical, but also on a very practical level. The insistence on the divide between evolution and transformation is crucial to our situation. In a country where there has been barely any justice for so many years, it is obvious that the ideal of justice will be high on the agenda. In this regard Derrida's conception of 'justice as the limit' must be acknowledged. The understanding of any system as 'open' and therefore in a continuous process of transformation, is important. A constitution or a charter of human rights is no guarantee of justice. By the same token, enshrining equality in the constitution, or the fact that women may work in mines or take part in wrestling matches, does not ensure equality for women. To this end we must seeka new choreography of sexual difference.
The present control machinery under the European Convention on Human Rights: its future reform and the possible implications for the African Court on Human RightsAuthor Erika De WetSource: Comparative and International Law Journal of Southern Africa 29, pp 338 –359 (1996)More Less
The European Convention on Human Rights (hereafter the convention), was opened for signature in 1950 and has been in operation since 1953. The Council of Europe which drafted the convention, was founded in London in 1949 after the devastation of World War II, to preserve the moral values and democratic principles forming the common heritage of the European states; to assure the rule of law; and to guarantee human rights and fundamental freedoms. The outcome of this commitment was the adoption of the convention - a binding treaty protecting the individual against human rights violations by state organs with a control machinery to supervise its effective application. It is this control machinery - its structures, procedures and effectiveness, and its possible reform - that are adressed in this article. The present control machinery is made up of three organs: the European Commission of Human Rights (the commission); the European Court of Human Rights (the court); and the Committee of Ministers of the Council of Europe (the committee). However, a new control mechanism is envisaged under Protocol 11 to the convention.
Author Henry LeverSource: Comparative and International Law Journal of Southern Africa 29, pp 360 –362 (1996)More Less
Misleading statistics are found in every field of human endeavour. There is some elusive quality surrounding death penalty, however, which makes misleading statistics chronic in this field. Perhaps it is because on this issue, to a greater extent than most others, the wish is the father of the thought.The latest entrant to the minefield in this problem area is the article by Zimring, Van Vuren and Van Rooyen which appeared in an earlier issue of this journal.
Author Zygmunt J. DabekSource: Comparative and International Law Journal of Southern Africa 29, pp 382 –384 (1996)More Less