Legal Status of International Law in South Africa's Municipal Law: Government of the Republic of Zimbabwe v Fick and Others (657/11) [2012] Zasca 122

2015 ◽  
Author(s):  
Moses Retselisitsoe Phooko
Keyword(s):  
International Law ◽  
Legal Status ◽  
Municipal Law ◽  
The Republic

Reflecting on South Africa's Attempt to Withdraw from the Rome Statute in Favour of Immunities for Sitting Heads of State: An Analysis of the International Crimes Bill 2017

2020 ◽  
Vol 28 (2) ◽  
pp. 319-351
Author(s):  
Ntombizozuko Dyani-Mhango
Keyword(s):  
South Africa ◽  
International Law ◽  
Rome Statute ◽  
Legal Status ◽  
Customary International Law ◽  
International Crimes ◽  
The Republic ◽  
Heads Of State

This article reflects on South Africa's International Crimes Bill 2017 in relation to the customary international law immunities of sitting heads of states. It revisits the discussion on these immunities and examines their legal status in South Africa. It argues that if South Africa adopts the International Crimes Bill, subject only to the procedural prescripts of the Constitution of the Republic of South Africa, this will have the effect of recognising customary international law immunities for sitting heads of state in South Africa thereby resolving the legal conundrum arising from the non-recognition of immunities for sitting heads of state.

THE DATA EMBASSY UNDER PUBLIC INTERNATIONAL LAW

2019 ◽  
Vol 68 (1) ◽  
pp. 225-242 ◽  
Author(s):  
Bartłomiej Sierzputowski
Keyword(s):  
International Law ◽  
Legal Status ◽  
Denial Of Service ◽  
Distributed Denial Of Service ◽  
Legal Concept ◽  
Public International Law ◽  
Communications Network ◽  
The Republic ◽  
Grand Duchy ◽  
Sector Data

AbstractThis article discusses the data embassy, a new international legal concept created in response to a pressing problem. In 2007, Estonia fell victim to ‘distributed denial-of-service attacks’ and consequently, made Estonia's entire public sector data communications network inoperable. Their response was to strengthen their protection against and penalization for cybercrime, and to develop the concept of a ‘data embassy’. On 20 June 2017 the Republic of Estonia and the Grand Duchy of Luxembourg signed an ‘Agreement on the hosting of data and information systems’, to host Estonian data in Luxembourg. Such data embassies perform a unique function and benefit from many privileges and immunities, but their legal status has been unclear. This article addresses the question concerning the legal status of the premises of the data embassy.

scholarly journals Obowiązująca Konstytucja Naddniestrzańskiej Republiki Mołdawskiej z 1995 r.

2019 ◽  
Author(s):  
Viktoriya Serzhanova
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Legal Status ◽  
Autonomous Region ◽  
Basic Law ◽  
Form Of Government ◽  
The Republic ◽  
Constitutional System ◽  
Present Text

In 1990 the Pridnestrovian Moldavian Republic seceded from Moldavia which was then a part of the USSR. Since that time the legal status of the region has remained unclear and not fully explicit. Today, despite the fact that a quarter of the century has passed since its creation, the Republic remains a de facto state, as it has not been recognised by the international community. Under international law, Transnistria is treated as a Moldavian autonomous region having a special status. From the perspective of the theory of state and constitutional law it undoubtedly possesses all the attributes of statehood. This paper is a consecutive publication of the series of papers constituting a wider research into Transnistria’s legal status. It aims at analysing its binding basic law and the assumptions of its constitutional system. It particularly characterizes the shape and makes exegesis of the content of the independent Transnistria’s constitution of 1995, which has been revised several times and is still in force. The further parts of the article have been dedicated to (i) the origin of the fi rst Constitution of independent Transnistria of 1991, which was in force for only four years; (ii) the adoption and development of the presently binding Constitution of 1995; (iii) the general and detailed systematics of this act; and (iv) the constitutional solutions implemented in its present text edition. First and foremost the results of this research contribute to the determination of the present assumptions of Transnistria’s constitutional system, its catalogue of fundamental principles, human rights and freedoms, the system of the supreme state authorities and the form of government. Moreover, it enables to estimate the eff ectiveness of Transnistria’s constitutional mechanisms in their practical functioning. Thus it allows to determine the region’s legal status more precisely.

Self-Determination and Territorial Integrity: Southern Cameroons and the Republic of Cameroun

2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Third World ◽  
Self Determination ◽  
Territorial Integrity ◽  
Present Issue ◽  
The Republic ◽  
The Relationship

African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

THE LEGALITY OF BORDER SHIFTS DUE TO COASTAL RECLAMATION

2018 ◽  
Vol 2 (1) ◽  
pp. 104
Author(s):  
Dita Birahayu
Keyword(s):  
Legal Status ◽  
Legal Certainty ◽  
Maritime Boundary ◽  
Coastal Reclamation ◽  
Advanced Science ◽  
Boundary Conflict ◽  
The Republic ◽  
Independent Country ◽  
Maritime Territory

<p>Based on Declaration of Djuanda, it declared that Indonesia maritime was defined as the entity of the Republic of Indonesia (NKRI), and thus, Indonesia is known as an archipelagic country with a very broad maritime territory directly adjacent to 10 neighboring countries. However, it poses a lot of potential maritime boundary conflict. Supported by this current advanced science, both artificial islands and coastal reclamation were being carried out. Singapore is one having a reclamation named Jurong Island, and it is very close to the territory of NKRI. As an independent country, Indonesia is attempting to protect its territory by having a diplomatic negotiation with Singapore in order to decide the legal certainty over their maritime borders, especially in east area. In addition, they need to define the legal status of that reclaimed island. Based on UNCLOS 1982 article 11 and 80, the legal status of the reclaimed island may not threaten the sovereignty of NKRI as its presence does not change the maritime territory of a country, and it has been agreed in the previous agreement.</p>

ECONOMICS, POLITICS, LAW: TRENDS AND PROSPECTS June 2019: сб.науч.тр./ OEAPS Inc.; редкол.: Флора Бертран (отв.ред.) [и др.]. - Берлин, Германия : OEAPS Inc., 06. 2019. - 71 С.

2019 ◽  
Author(s):  
Inc. OEAPS
Keyword(s):  
International Law ◽  
Empirical Studies ◽  
Business Law ◽  
Mathematical Methods ◽  
Business Economics ◽  
Section 8 ◽  
Municipal Law ◽  
Politics And Law ◽  
Monetary Circulation ◽  
Comparative Nature

The conference is a major international forum for analyzing and discussing trends and approaches in research in the field of economics, politics and law. We provide a platform for discussions on innovative, theoretical and empirical studies of problems in these disciplines. Given the international focus, materials of a comparative nature are especially welcomed.Doctors and candidates of science, scientists, specialists of various profiles and directions, applicants for academic degrees, teachers, graduate students, undergraduates and students are invited to participate in the conference.CONFERENCE SECTIONSSection 1 Finance, monetary circulation and credit Section 2 Accounting and taxation Section 3 Management and marketing Section 4 World economy Section 5 Business economics Section 6 Mathematical methods of economics Section 7 Relevant economic issues Section 8 Constitutional and municipal law Section 9 Civil and family law Section 10 Labor and business law section 11 Criminal law and criminology section 12 International law Section 13 entitled Administrative Section 14 law enforcement Section 15 Topical issues of jurisprudence Section 16 Topical issues in political science.Additional criteria considered in the consideration of the submitted document are its accuracy, organization / presentation (ie logical flow) and recording quality.

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