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Articles 1 - 12 of 12
Full-Text Articles in Law
Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi
Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National Center …
Reforming The Right To Remuneration In The South African Copyright Amendment Bill, Malebakeng Agnes Forere
Reforming The Right To Remuneration In The South African Copyright Amendment Bill, Malebakeng Agnes Forere
Joint PIJIP/TLS Research Paper Series
One of the core goals of South Africa’s Copyright Amendment Bill is to provide a right to fair remuneration for all authors and performers. This objective was motivated by the experiences of numerous famous South African creators who, despite their success in the creative industry, died as paupers. The problem that the Bill seeks to address is that the distributors of copyrighted work are dominated by multinational monopolies that are able to exact enormous concessions in their contracts with South African creators. Among the tools to address this problem in the Bill is a new right to a “fair royalty” …
The Domestic Effect Of South Africa's Treaty Obligations: The Right To Education And The Copyright Amendment Bill, Sanya Samtani
The Domestic Effect Of South Africa's Treaty Obligations: The Right To Education And The Copyright Amendment Bill, Sanya Samtani
Joint PIJIP/TLS Research Paper Series
On 16 June 2020, the President of South Africa returned the Copyright Amendment Bill [B-13 of 2017] to Parliament, expressing reservations regarding its constitutionality and compliance with international law. In this paper, I describe the constitutional implications of compliance with international law and the binding international obligations incumbent upon South Africa in respect of copyright and international human rights law. In doing so, I argue that the Bill of Rights acts as a magnet, compelling all organs of state to give greater normative weight to those international obligations that map onto the Bill of Rights as compared to those …
History, Trips, And Common Sense: Curbing The Counterfeit Drug Market In Sub-Saharan Africa, Hannah Elizabeth Jarrells
History, Trips, And Common Sense: Curbing The Counterfeit Drug Market In Sub-Saharan Africa, Hannah Elizabeth Jarrells
Georgia Journal of International & Comparative Law
No abstract provided.
The Right Of Revolution: Black Trade Unions, Workplace Forums, And The Struggle For Democracy In South Africa, C. Matthew Smith
The Right Of Revolution: Black Trade Unions, Workplace Forums, And The Struggle For Democracy In South Africa, C. Matthew Smith
Georgia Journal of International & Comparative Law
No abstract provided.
International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason
International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason
Pepperdine Dispute Resolution Law Journal
This article will explore the advantages of instituting appellate mechanisms in investor-state disputes and international commercial arbitration. Part II begins with a review of the WTO Appellate Body's development and workings, followed by an analysis of other appellate procedures for international trade law arbitration, including the MERCOSUR system's Permanent Court and the Grain and Feed Trade Association's appeals process. Part III examines the current methods for reviewing investor-state arbitration awards under ICSID and NAFTA. Part III goes on to advocate for the creation of an Appeals Facility, separate from current arbitral institutions, which would be empowered to hear appeals in …
Promoting Equality, Black Economic Empowerment, And The Future Of Investment Rules, David Schneiderman
Promoting Equality, Black Economic Empowerment, And The Future Of Investment Rules, David Schneiderman
David Schneiderman
It generally is assumed that rules to protect and promote foreign investment are sufficiently flexible to address the specific needs of developing and less developed countries. What happens, however, when the typical model of investment treaty rubs against national constitutional commitments, such as those mandating the promotion of equality in post-apartheid South Africa? This paper explores such tensions in the context of free trade and investment negotiations between the United States and the South African Customs Union. South Africa’s plan to generate a new black middle class via a program of Black Economic Empowerment, it turns out, was a contributing …
Reconfiguring Industrial Policy: A Framework With An Application To South Africa, Ricardo Hausmann, Dani Rodrik, Charles F. Sabel
Reconfiguring Industrial Policy: A Framework With An Application To South Africa, Ricardo Hausmann, Dani Rodrik, Charles F. Sabel
Faculty Scholarship
The main purpose of industrial policy is to speed up the process of structural change towards higher productivity activities. This paper builds on our earlier writings to present an overall design for the conduct of industrial policy in a low- to middle-income country. It is stimulated by the specific problems faced by South Africa and by our discussions with business and government officials in that country. We present specific recommendations for the South African government in the penultimate section of the paper.
Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson
Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson
ExpressO
This comment will analyze the need to amend and revise the current global pharmaceutical patent system under TRIPS to take into account the needs of developing countries and overall public health. This comment will emphasize that the current international trade rules, which although administered by the WTO, are dictated by developed country governments and powerful pharmaceutical companies, and therefore, without reform will further diminish the access of poor people in developing countries to vital medicines. Part II of this comment will provide a general overview of the international trade law governing patents on pharmaceuticals focusing specifically on the development of …
Microcredit: Fulfilling Or Belying The Universalist Morality Of Globalizing Markets, Kenneth Anderson
Microcredit: Fulfilling Or Belying The Universalist Morality Of Globalizing Markets, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Comprehensive Anti-Apartheid Act: A Case Study In The Legality Of Economic Sanctions
The Comprehensive Anti-Apartheid Act: A Case Study In The Legality Of Economic Sanctions
Washington and Lee Law Review
No abstract provided.
The Judiciary In A State Of National Crisis With Special Reference To The South African Experience , John Dugard
The Judiciary In A State Of National Crisis With Special Reference To The South African Experience , John Dugard
Washington and Lee Law Review
No abstract provided.