The suppression of the transatlantic slave trade in the nineteenth century involved a reliance on and the development of particular aspects of international law, namely those relating to the law of maritime warfare. In the process, Mixed Commissions were the judicial arm of suppression policies. Part 1 of this series of articles considers the means and methods of both customary and conventional international law relied on to achieve international agreement and cooperation on suppression generally and Anglo-Portuguese methods more particularly.
Retirement on reaching a certain age has long been taken for granted. Moreover, older persons have as a matter of course, been regarded as lesser employees. Demographic trends during the last two to three decades have changed the scene entirely. People live longer and there is a general decline in the birth rate. Hence many countries are re-arranging the deck chairs by increasing the age of retirement, to make it possible to utilise the services of older persons, and by legislating to outlaw discrimination on the ground of old age. This article deals with these new developments, focusing on South African legislation that still discriminates without regard to demographic, social and economic consequences.
Although freedom of commercial expression is not specifically mentioned in section 16 of the Constitution of South Africa 108 of 1996, the right to freedom of expression includes inter alia the right to receive and impart ideas, which is wide enough to cover almost any form of expression. This article deals with freedom of speech in the form of commercial speech and particularly with the ban on the advertising of lawful consumer products such as tobacco. Although the focus falls mainly on tobacco advertising, the reasoning applies equally well to all similar advertising bans. Section 16 of the constitution and the Tobacco Products Control Act 83 of 1993 are in direct conflict with one another: the almost total ban on all forms of tobacco advertising and promotion severely restricts the right to receive and impart information on a legal consumer product. Various aspects in this debate are evaluated: whether advertising qualifies as a form of expression that is constitutionally protected and whether this right can be restricted; the advantages and disadvantages of a ban on the advertising of legal consumer products; the harm which the government seeks to reduce with its restrictive legislation; whether the ban on tobacco promotion results in a reduction of such harm; and whether this justifies the total ban on advertising. Various alternatives are evaluated and a comparative study of other jurisdictions is made.
This article investigates the question of whether environmental audits carried out by corporations can be used as evidence against them in criminal prosecutions for environmental offences, or whether this would infringe the privilege against self-incrimination. The approach to this question in Australia, Canada and the United States is considered with a view to suggesting an appropriate approach for South Africa, where this issue has not yet been considered. The suggested approach, based on the Oregon statute, is to provide for voluntary environmental audits to be privileged (subject to certain exceptions) whereas those audits required by legislation are to be made available to the state, but to be privileged in criminal proceedings.
The basis of contractual liability enquires as to the reason or justification for the enforcement of contractual obligations in the positive law of a legal system. Although it is often regarded as axiomatic that contracts are the product of agreement between the contracting parties, the matter is not that simple because there are subjective and objective approaches to intention. The English law generally shows a preference for an objective test for contractual liability. However, an objective postulate also does not encapsulate a single, uniform principle of liability. Consequently, case law often reflects a variety of principles which either in unison, or in opposition, account for contractual liability in various circumstances. This article examines the principles which determine contractual liability in the English law against the contextual backdrop of the development of modern English contract theory. The extent to which the South African law has been influenced in this regard by the English law is also briefly explored.