Law Commons^™

In Memoriam: Sir Ian Brownlie, Ben Clarke

Law Papers and Journal Articles

In Memoriam: Sir Ian Brownlie CBE QC (19 September 1932 - 3 January 2010)

Sir Ian Brownlie, QC, aptly described as ‘[a] titan in the crowded field of international law’, died tragically in a road accident while on holiday in Cairo in January 2010. Best known to generations of law students across the world as author of Principles of Public International Law, Brownie was also a skillful advocate. Dealing firstly with his legal scholarship, Principles of Public International Law has been accurately described as the ‘most well established and authoritative textbook on international law on the market.’ Brownlie’s …

South African Charter Of Religious Rights And Freedoms, I Benson

Law Papers and Journal Articles

The creation, under Section 234 of the Constitution of South Africa (1996) of a South African Charter of Religious Rights and Freedoms, signed by every major religious group in South African as well as representatives of leading South African Constitutional Commissions and others is a development of some importance and potential world significance. It will be, once passed into law, the first Charter created under this section. The civil society initial phase of discussions, consultations, meetings and drafting and re-drafting led to the public signing ceremony at the University of Johannesburg on 21 October 2010. The next phase moves to …

The Unexamined Faiths And The Public Place Of Religion: Emerging Insights From The Law, I Benson

Law Papers and Journal Articles

The article examines certain key terms, such as “beliefs” and “faith” and how these are understood in relation to the public sphere. It examines some writings of recent popularist authors such as Richard Dawkins and Christopher Hitchens, and is critical of the authors’ claims that they do not have faith or beliefs. Drawing on legal decisions in Canada and South Africa the article suggests that this sort of terminological looseness has legal and political implications when it comes to whether or not beliefs of all sorts (religious and non-religious) are treated fairly in the public sphere. Arguing for a more …

Seeking Deliberation On The Unborn In International Law, S De Freitas, G Myburgh

Law Papers and Journal Articles

International human rights instruments and jurisprudence radiate an understanding of international law as also serving to protect fundamental rights and the interests of the individual. The idea that human rights provide a credible framework for constructing common norms among nations and across cultures is both powerful and attractive. If the protection of being human serves as the common denominator in human rights discussion, and if human rights are deeply inclusive, despite being culturally and historically diverse, then a failure to deliberate on the legal status and protection of the unborn may be seen as a failure to extend respect where …

What Can Be Learned From The Experiences Of Various Societies In Dealing With Their Principal Trouble Spots?, I Benson

Law Conference Papers

Introduction

In both South Africa and Canada religions per se have not been principal trouble spots for a very long time. What has been very much at issue is the treatment of religious communities and religious believers by the State and from time to time disputes between rights claimants of one sort in relation to rights claimants of another. There are many differences between the two countries but in this paper I shall look for some common themes to evaluate a few of the more significant areas of conflict that engage religious pluralism. Most importantly, however, I shall examine a …