scholarly journals Treaty Exit in the United States: Insights from the United Kingdom or South Africa?

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 428-433 ◽  
Author(s):  
Curtis A. Bradley ◽  
Laurence R. Helfer
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
South African ◽  
International Criminal ◽  
The United States ◽  
Criminal Court ◽  
The European Union ◽  
The United Kingdom ◽  
Made In

Courts in the United Kingdom and South Africa have recently issued important rulings that have constrained the executive's authority to withdraw from treaties in those countries. This essay considers whether these rulings might offer insights for treaty exit issues in the United States. We first provide an overview of U.S. law and practice regarding the termination of international agreements. We next summarize the U.K. and South African decisions, which required parliamentary approval for pulling out of treaties establishing the European Union and the International Criminal Court (ICC), respectively. Finally, we consider the relevance of these rulings for treaty withdrawals in the United States. We conclude that they are unlikely to offer much guidance, both because of differences in the three countries' constitutions and because the reasoning of the U.K. and South African courts do not engage with the central arguments made in the United States concerning the President's unilateral authority to withdraw from treaties.

Conflict Resolution in Southern Africa: Why Namibia is not Another Zimbabwe

1982 ◽  
Vol 12 (3-4) ◽  
pp. 37-45
Author(s):  
David F. Gordon
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
South African ◽  
Security Council ◽  
Southern Africa ◽  
The United States ◽  
West Germany ◽  
The United Kingdom ◽  
The U.S

Despite continued American insistence that a negotiating impasse had not been reached, by the final months of 1982 it seemed clear that internationally-recognized independence for Namibia would not soon be achieved. While Washington claimed that negotiations between South Africa, Angola, and the Southwest African Peoples Organization (SWAPO) (with the U.S. as mediator) remain meaningful, there appears to have been a decisive move away from settlement. The latest round of negotiations, spearheaded by the United States as the leading element of the Western Contact Group (the U.S., the United Kingdom, France, West Germany, and Canada), has attempted to move South African-controlled Namibia to independence on the basis of Security Council Resolution 435 of September 1978.

scholarly journals A Comparative Discussion of the Judicial Disqualification of Directors under the South African Companies Act

2020 ◽  
pp. 1-24
Author(s):  
Rehana Cassim
Keyword(s):  
United States ◽  
United Kingdom ◽  
South African ◽  
United States Of America ◽  
The United States ◽  
The South ◽  
The United Kingdom ◽  
Locus Standi

Abstract Section 162 of the South African Companies Act 71 of 2008 empowers courts to declare directors delinquent and hence to disqualify them from office. This article compares the judicial disqualification of directors under this section with the equivalent provisions in the United Kingdom, Australia and the United States of America, which have all influenced the South African act. The article compares the classes of persons who have locus standi to apply to court to disqualify a director from holding office, as well as the grounds for the judicial disqualification of a director, the duration of the disqualification, the application of a prescription period and the discretion conferred on courts to disqualify directors from office. It contends that, in empowering courts to disqualify directors from holding office, section 162 of the South African Companies Act goes too far in certain respects.

scholarly journals Two Grand Old Ladies Face to Face: The United Kingdom and the United States of America Constitutions Compared

2015 ◽  
Vol 46 (3) ◽  
pp. 989 ◽  
Author(s):  
Mario Patrono ◽  
Justin O Frosini
Keyword(s):  
United States ◽  
European Union ◽  
United Kingdom ◽  
United States Of America ◽  
The United States ◽  
The European Union ◽  
Face To Face ◽  
The United Kingdom ◽  
Parliamentary Sovereignty

This article discusses the Constitution of the United Kingdom and then draws some comparisons between it and the Constitution of the United States of America. It touches on issues such as how the United Kingdom's commitment to parliamentary sovereignty has been affected by the country's relationship with the European Union.

The Global Scholar

2021 ◽  
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
Policy Research ◽  
The United States ◽  
Research And Practice ◽  
The United Kingdom ◽  
Postgraduate Studies ◽  
Globalising World

In our rapidly globalising world, “the global scholar” is a key concept for reimagining the roles of academics at the nexus of the global and the local. This book critically explores the implications of the concept for understanding postgraduate studies and supervision. It uses three conceptual lenses – “horizon”, “currency” and “trajectory” – to organise the thirteen chapters, concluding with a reflection on the implications of Covid-19 for postgraduate studies and supervision. Authors bring their perspectives on the global scholar from a variety of contexts, including South Africa, Australia, the United States, the United Kingdom, Chile, Germany, Cyprus, Kenya and Israel. They explore issues around policy, research and practice, sharing a concern with the relation between the local and the global, and a passion for advancing postgraduate studies and supervision.

Introduction The Birth and Growth of Judicial Review in the Civil Law World

2021 ◽  
pp. 1-8
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The Political ◽  
The United Kingdom

This book is about the stunning birth and growth of judicial review in the civil law world, since 1945. In Volume I of this two-volume series, I showed that judicial review was born and grew in common law G-20 constitutional democracies and in Israel primarily: (1) when there is a need for a federalism or a separation of powers umpire, (2) when there is a rights from wrongs dynamic, (3) when there is borrowing, and (4) when the political structure of a country’s institutions leaves space within which the judiciary can operate. The countries discussed in Volume I were the following: (1) the United States, (2) Canada, (3) Australia, (4) India, (5) Israel, (6) South Africa, and (7) the United Kingdom....

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