Law Commons^™

Colonial Control And Power Through The Law: Territoriality, Sovereignty, And Violence In German South-West Africa, Caleb Joseph Cumberland

Senior Projects Spring 2018

Senior Project submitted to The Division of Social Studies of Bard College

Silence Gives Consent, Phillip C. Jessup

Georgia Journal of International & Comparative Law

No abstract provided.

The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum

Georgia Journal of International & Comparative Law

No abstract provided.

Transplanting And Customizing
 Legal Systems: Lessons From
 Namibian Legal History, Martin Cai Lockert

Richmond Journal of Global Law & Business

No abstract provided.

Conclusion. The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert L. Tsai

Faculty Scholarship

This is the conclusion for an edited volume on legislative usage of foreign and international law, N. Lupo & L. Scaffardi, Legal Transplants and Parliaments: A Possible Dialogue Amongst Legislators? (2014). I assess the general turn in comparative law studies towards the behavior of elected officials, as well as the preference for increased formality in the use of foreign law. The essays in this book analyze the legal experiences of Brazil, Namibia, Australia, South Africa, Spain, the European Union, China, Canada, Portugal, the United Kingdom, the United States, and Italy. Many of these countries (but not all, especially the U.S.) …

"At The Hospital There Are No Human Rights": Reproductive And Sexual Rights Violations Of Women Living With Hiv In Namibia, Aziza Ahmed

Faculty Scholarship

This report documents the ongoing stigma and discrimination of women living with HIV in Namibia, building on prior findings and investigations on the subject, such as the 2008 research conducted by the International Community of Women Living with HIV/AIDS (ICW) and the Namibian Women’s Health Network (NWHN). The report, based upon both desk research and a field mission, examines the human rights situation related to sexual and reproductive health of women living with HIV, including the gravity and ongoing nature of forced and coerced sterilizations in Namibia. The report also provides evidence of violations of informed consent in the context …

Property Rights & The Demands Of Transformation, Bernadette Atuahene

All Faculty Scholarship

The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classical conception of real property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and thus can serve as a sanctuary for enduring inequality. This is particularly true in countries like South Africa and Namibia where—due to pervasive past property theft— land reform is essential because there are competing legitimate claims to land. Oddly, the classical conception is …

Property Rights & The Demands Of Transformation, Bernadette Atuahene

Articles

The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classical conception of real property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and thus can serve as a sanctuary for enduring inequality. This is particularly true in countries like South Africa and Namibia where—due to pervasive past property theft— land reform is essential because there are competing legitimate claims to land. Oddly, the classical conception is …

Property Rights & The Demands Of Transformation, Bernadette Atuahene

Bernadette Atuahene

The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classical conception of real property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and thus can serve as a sanctuary for enduring inequality. This is particularly true in countries like South Africa and Namibia where—due to pervasive past property theft— land reform is essential because there are competing legitimate claims to land. Oddly, the classical conception is …

Redressing Colonial Genocide: The Hereros' Cause Of Action Against Germany, Rachel J. Anderson

Scholarly Works

In February 2003, the Herero People's Reparations Corporation filed a complaint against Germany in the District Court of the District of Columbia alleging violations of international law, crimes against humanity, genocide, slavery, and forced labor before, during, and after the German-Herero War (1904-07). The German government, modern scholars, and other commentators have long taken the position that genocides committed by colonial governments in the nineteenth century did not violate international law at that time. Arguments for this position rely, inter alia, on the belief that all forms of genocide were first criminalized and made punishable by the 1948 U.N. Convention …

The Okavango River Basin In Southern Africa: A Case Study Of Transboundary Resource Management Issues, Robert K. Hitchcock

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

21 pages.

Contains references (pages 18-21).

So Where Is Namibia?, J. Rich Leonard

J. Rich Leonard

No abstract provided.

Namibia Opinion Revisited: A Gap In The Current Arguments On The Power Of The Security Council, Tadashi Mori

ILSA Journal of International & Comparative Law

This article discusses the interpretation of Article 25' of the United Nations Charter that was offered by the International Court of Justice in its advisory opinion of June 21, 1971 (Namibia Opinion).2 It is a topic that is unfortunately overlooked by the current arguments concerning the power of the revived Security Council.

Customary Law In Namibia: What Should Be Done?, Lynn Berat, Robert J. Gordon

Vanderbilt Journal of Transnational Law

In this Article, the authors discuss Namibia's dual legal system, inherited from the previous South African regime, in light of the new government's goal of national reconciliation. After a brief introduction, the authors in Part II address customary law on a theoretical level. They point out that the customary law emerging in Namibia during the colonial era was not a reflection of a true communal tradition, but rather was a tool used to control resources and to redistribute power.

In Part III, the authors review the history of the colonial system in Namibia. The German colonial authorities divided Namibia into …