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Articles 1 - 30 of 74
Full-Text Articles in Law
Comparative Lessons In Sectional Title Laws: Mitigating Urban Inequality In South Africa, Edward S. W. Ti
Comparative Lessons In Sectional Title Laws: Mitigating Urban Inequality In South Africa, Edward S. W. Ti
Research Collection Yong Pung How School Of Law
Urban inequality in South Africa is a formidable problem that is linked to the injustices of its historical apartheid past. This paper identifies sectional titles, a form of property ownership where proprietors wholly own their apartment unit while co-owning the land and common property, as critical to providing more affordable housing. Sectional title schemes mitigate urban inequality by giving a greater proportion of the country the opportunity to own legally secure, well-located dwellings while serving as a platform where communal living could take place. Two suggestions how sectional title legislation can further alleviate aspects of urban inequality are made (1) …
Reparations, Or Hush Money?, Christina Glekas
Reparations, Or Hush Money?, Christina Glekas
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Negotiation Tactics Of Nelson Mandela, Christian Parham
The Negotiation Tactics Of Nelson Mandela, Christian Parham
Global Tides
Nelson Mandela is known across the world for his extraordinary peacemaking skills. This paper examines the negotiation tactics Nelson Mandela used to bring unity to South Africa. It begins with examining his childhood and young adult years to highlight the development of his skills, and then provides a comprehensive review of the negotiations he participated in. It explores the effectiveness of each one and describes lessons that can be received. In so doing, it provides an evaluation of his tactics and concludes with how these lessons can be applied in light of current societal issues.
Who Is A Refugee?: Twenty-Five Years Of Domestic Implementation And Judicial Interpretation Of The 1969 Oaw And 1951 Un Refugee Conventions In Post-Apartheid South Africa, Tiyanjana Maluwa, Anton Katz
Who Is A Refugee?: Twenty-Five Years Of Domestic Implementation And Judicial Interpretation Of The 1969 Oaw And 1951 Un Refugee Conventions In Post-Apartheid South Africa, Tiyanjana Maluwa, Anton Katz
Indiana Journal of Global Legal Studies
As a party to the UN Refugee Convention and the OAU Refugee Convention, South Africa is obligated to apply international refugee law when addressing the protection needs of asylum seekers in the country. The Refugees Act, 1998 encapsulates the cardinal principles of the two conventions. This essay discusses how government officials and judges have interpreted and applied these principles in asylum application cases. These cases demonstrate that officials are either not always fully conversant with the legal obligations, incumbent upon the government, arising from both international law and domestic law or purposefully ignore them. For the most part, officials tend …
Kofifi/Covfefe: How The Costumes Of "Sophiatown" Bring 1950s South Africa To Western Massachusetts In 2020, Emma Hollows
Kofifi/Covfefe: How The Costumes Of "Sophiatown" Bring 1950s South Africa To Western Massachusetts In 2020, Emma Hollows
Masters Theses
This thesis paper reflects upon the costume design process taken by Emma Hollows to produce a realist production of the Junction Avenue Theatre Company’s musical Sophiatown at the Augusta Savage Gallery at the University of Massachusetts in May 2020. Sophiatown follows a household forcibly removed from their homes by the Native Resettlement Act of 1954 amid apartheid in South Africa. The paper discusses her attempts as a costume designer to strike a balance between replicating history and making artistic changes for theatre, while always striving to create believable characters.
Settler Colonial And Anti-Colonial Legalities In Palestine, Markus Gunneflo
Settler Colonial And Anti-Colonial Legalities In Palestine, Markus Gunneflo
Markus Gunneflo
No abstract provided.
Ice Raids Bear A Disturbing Resemblance To The “Pass Raids” Of Apartheid, Penelope Andrews
Ice Raids Bear A Disturbing Resemblance To The “Pass Raids” Of Apartheid, Penelope Andrews
Other Publications
No abstract provided.
Nomzamo: Teaching Complexity Through The Life Of Winnie Madikizela-Mandela, Meghan Healy-Clancy
Nomzamo: Teaching Complexity Through The Life Of Winnie Madikizela-Mandela, Meghan Healy-Clancy
Bridgewater Review
No abstract provided.
Reforming Children's Rights: The Criminalization Of Youth At The Intersection Of Schools And Juvenile Justice Systems, Nicole Carbone
Reforming Children's Rights: The Criminalization Of Youth At The Intersection Of Schools And Juvenile Justice Systems, Nicole Carbone
Global Honors Theses
This thesis examines children’s rights and support structures for youth of color in the United States, while relying on South Africa as a framework of the needed balance between individual rights and enforcement in a democratic country. Institutionalized racism and treatment of children can be seen throughout many different cultural histories. However, the United States is the only country that has not ratified the United Nations Convention on the Rights of the Child, with no robust standard on the treatment of children across the Country. Because of this, the literature review explores the consequences youth of color face in education …
New Challenges To Southern Africa: From Regional Conflict To Internal Reconstruction, Makau Wa Mutua
New Challenges To Southern Africa: From Regional Conflict To Internal Reconstruction, Makau Wa Mutua
Makau Mutua
With the possible exception of the Horn of Africa, arguably no other African region has been subject to multiple traumas such as those endured by Southern Africa. From the brutal Portuguese colonization to the vicious civil wars in Angola and Mozambique, not to mention the ravages of apartheid in South Africa and Namibia, the last four hundred years have seen sheer brutality of man over fellow man. Since 1990, however, there has been a steady reversal of the conditions that have historically caused violence in the region. In this article, the author examines this legacy and the struggle to construct …
Some Rough Historical Parallels Between South Africa And The United States, Denis Binder
Some Rough Historical Parallels Between South Africa And The United States, Denis Binder
Journal of Comparative Urban Law and Policy
No abstract provided.
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Journal of Comparative Urban Law and Policy
After apartheid was repealed in South Africa, the country’s system of forced segregation officially ended. Vestiges of racial discrimination remain, however, including spatial segregation in housing, income inequality, and huge disparities in the government’s provisioning of basic services. The poorest of South Africa’s citizens live in peripheral communities, far from city centers and employment hubs. The poorest communities often lack safe streets and safe toilets. Whereas wealthier South Africans are able to pay private policing companies to provide armed security, those in the poorest of communities must live with regular fear of violent crime. The problem is compounded by a …
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Faculty Publications By Year
No abstract provided.
The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk
The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk
Georgia Journal of International & Comparative Law
No abstract provided.
State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole
State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole
Georgia Journal of International & Comparative Law
No abstract provided.
Silence Gives Consent, Phillip C. Jessup
Silence Gives Consent, Phillip C. Jessup
Georgia Journal of International & Comparative Law
No abstract provided.
South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough
South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough
Publications and Research
Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
Other Publications
No abstract provided.
The Struggle For The Rule Of Law In South Africa (Symposium: Twenty Years Of South African Constitutionalism: Constitutional Rights, Judicial Independence And The Transition To Democracy), Stephen J. Ellmann
Articles & Chapters
No abstract provided.
Racism, Genocide, And Mass Murder: Toward A Legal Theory About Group Deprivations, Winston P. Nagan, Vivile F. Rodin
Racism, Genocide, And Mass Murder: Toward A Legal Theory About Group Deprivations, Winston P. Nagan, Vivile F. Rodin
Winston P Nagan
This Article is focused on a specific and important issue: the relationship of law to the social reality of group deprivations. From this primary issue, several important sub-issues are generated having a real and substantial impact upon the role of law in the management of group deprivations at every level of social organization (local, national, regional, and international). To focus on the social reality of group deprivations requires a critical starting point. This starting point is determining whether we are adequately describing or assaying the etiology of the human personality types and self-systems that are normally characterized by feelings, sentiments, …
Reflections On Racism And World Order, Winston P. Nagan
Reflections On Racism And World Order, Winston P. Nagan
Winston P Nagan
This Article is about international racism. Racism is not simply a local or national phenomenon, it is an immense global problem. Indeed, its tentacles stretch from the local to the global and back to the local. Let us put the picture of international racism into perspective by tying it to the claims made to eradicate racism in economic relations. Apart from affirmative action, there are two other approaches: either to assert the notion that reparations is a way to ameliorate the worst manifestations of racism and provide for racial justice, or to join that with the notion that there is …
Accidental Witness To History: My Trip To South Africa, Harold I. Abramson
Accidental Witness To History: My Trip To South Africa, Harold I. Abramson
Harold I. Abramson
No abstract provided.
Archbishop Desmond Tutu: 2000 Recipient, Miranda Anandappat
Archbishop Desmond Tutu: 2000 Recipient, Miranda Anandappat
Freedom Center Journal
Former Archbishop Desmond Tutu received the 2000 International Freedom Conductor Award for his invaluable contributions to the collapse of the apartheid system in South Africa. His fight for the freedom and equality of all South Africans and continuing efforts to advocate for world peace, global human rights, and democratic transition through reconciliatory and restorative justice have made the Archbishop a renowned world leader.
President Lech Walesa And President Nelson Mandela: 2014 Recipients, Ariel Guggisberg
President Lech Walesa And President Nelson Mandela: 2014 Recipients, Ariel Guggisberg
Freedom Center Journal
The activist and former Polish President Lech Walesa and civil rights activist and former South African President Nelson Mandela were chosen by the Freedom Center to receive the 2014 International Freedom Conductors Award. These two revolutionaries undoubtedly meet the criteria of "reflect[ing] the spirit and courageous actions of conductors on the historic Underground Railroad." Both recipients of the award have spear headed efforts to effect positive social change and dedicated much of their lives to the fight for freedom, and "exemplify the values of freedom and human rights worldwide.'
Policing Sex: The Colonial, Apartheid, And New Democracy Policing Of Sex Work In South Africa, India Geronimo Thusi
Policing Sex: The Colonial, Apartheid, And New Democracy Policing Of Sex Work In South Africa, India Geronimo Thusi
Fordham International Law Journal
No abstract provided.
Transplanting And Customizing Legal Systems: Lessons From Namibian Legal History, Martin Cai Lockert
Transplanting And Customizing Legal Systems: Lessons From Namibian Legal History, Martin Cai Lockert
Richmond Journal of Global Law & Business
No abstract provided.
Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe
Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe
South Carolina Journal of International Law and Business
No abstract provided.
Accidental Witness To History: My Trip To South Africa, Harold I. Abramson
Accidental Witness To History: My Trip To South Africa, Harold I. Abramson
Scholarly Works
No abstract provided.
A Journey From The Heart Of Apartheid Darkness Towards A Just Society: Salient Features Of The Budding Constitutionalism And Jurisprudence Of South Africa, Dikgang Moseneke
A Journey From The Heart Of Apartheid Darkness Towards A Just Society: Salient Features Of The Budding Constitutionalism And Jurisprudence Of South Africa, Dikgang Moseneke
Philip A. Hart Memorial Lecture
On April 4, 2012, Deputy Chief Justice Dikgang Moseneke of the Republic of South Africa delivered the Georgetown Law Center’s thirty-second annual Philip A. Hart Lecture: “A Journey from the Heart of Apartheid Darkness towards a Just Society: Salient Features of the Budding Constitutionalism and Jurisprudence of South Africa.”
Moseneke earned a BA in English and political science, as well as a B Juris degree from University of South Africa and later completed an LLB. Justice Moseneke began his professional career in 1976 as an attorney’s clerk in Pretoria. In 1978 he was admitted and practiced for five years as …
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston Nagan, Aitza Haddad
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston Nagan, Aitza Haddad
Winston P Nagan
This article begins with an appraisal of a report published by the United States Institute for Peace and authored by the former Secretary of State, Albright, and former Secretary of Defense, Cohen. This Report generated a great deal of interest and reaction from scholars across the globe. The article will introduce the broad outline of this Report and provide a summary of the principal criticisms that it has generated. This sets the stage for approaching the problem that is sensitive to the issue that this phenomenon be explore with a view to developing usable insights and data as well as …