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Articles 1 - 19 of 19

Full-Text Articles in Law

Reparations, Or Hush Money?, Christina Glekas Jan 2022

Reparations, Or Hush Money?, Christina Glekas

Journal of Race, Gender, and Ethnicity

No abstract provided.


Settler Colonial And Anti-Colonial Legalities In Palestine, Markus Gunneflo Jul 2019

Settler Colonial And Anti-Colonial Legalities In Palestine, Markus Gunneflo

Markus Gunneflo

No abstract provided.


The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk Jun 2016

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 May 2016

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 May 2016

Silence Gives Consent, Phillip C. Jessup

Georgia Journal of International & Comparative Law

No abstract provided.


The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews Jan 2016

The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews

Other Publications

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 Jan 2014

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.


South Africa: Building A Culture Of Law, Anthony Lewis Aug 2010

South Africa: Building A Culture Of Law, Anthony Lewis

Annual Survey of International & Comparative Law

No abstract provided.


Evaluating South Africa's Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan Marshfield Dec 2009

Evaluating South Africa's Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan Marshfield

Jonathan Marshfield

Political scientists have identified compelling correlations between economic development and democratic stability. In general, the wealthier and more developed a country, the greater its chances of maintaining a long-term, stable democracy. This Article evaluates whether South Africa’s post-apartheid economic conditions are trending towards conditions that generally correlate to stable democracies. It compares South Africa’s post-apartheid economic conditions to the empirical trends that development theorists have identified as correlative to democratic stability. This analysis is important because if South Africa’s post-apartheid economic conditions do not exhibit positive trends, this may suggest that despite the just end of apartheid, conditions are becoming …


The Blessing Of Departure: Acceptable And Unacceptable State Support For Demographic Transformation: The Lieberman Plan To Exchange Populated Territories In Cisjordan, Timothy W. Waters Jan 2008

The Blessing Of Departure: Acceptable And Unacceptable State Support For Demographic Transformation: The Lieberman Plan To Exchange Populated Territories In Cisjordan, Timothy W. Waters

Articles by Maurer Faculty

What limits ought there be on a state's ability to create a homogeneous society, to increase or perpetuate non-diversity, or to create hierarchies within existing diversity? This paper examines those questions with reference to the Lieberman Plan - which proposes to transfer populated territories from Israel to the Palestine in exchange for Jewish settlements on the West Bank - as an abstract exercise in demographic transformation by the state.

First the article considers if the Lieberman plan would "work": Would it create the alterations it proposes, and would those changes achieve a stable, peaceful, even just settlement? It finds that …


Truth Vs. Justice: Promoting The Rule Of Law In Post-Apartheid South Africa., Cassandra Fox Charles Oct 2002

Truth Vs. Justice: Promoting The Rule Of Law In Post-Apartheid South Africa., Cassandra Fox Charles

The Scholar: St. Mary's Law Review on Race and Social Justice

Strict adherence to the rule of law provides the strongest protections against gross human rights violations. The aftermath of South Africa’s Truth and Reconciliation Commission, TRC, demonstrates how few protections exist without the rule of law. By exchanging truth for justice, the Commission harmed, and continues to harm, the true victims of apartheid and failed to achieve the national unity and reconciliation promised. Truthful confessions based on voluntary disclosure cannot equalize the overarching systematic disparities required for reconciliation to take root and grow. Instead of amnesty in exchange for voluntary disclosure, South Africa should follow the traditional notions of justice …


Assessing The World's Response To Apartheid: A Historical Account Of International Law And Its Part In The South African Transformation, Kevin Hopkins Oct 2001

Assessing The World's Response To Apartheid: A Historical Account Of International Law And Its Part In The South African Transformation, Kevin Hopkins

University of Miami International and Comparative Law Review

No abstract provided.


Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews Jan 1999

Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews

Articles & Chapters

No abstract provided.


Foreign Investment In Sub-Saharan Africa: How Changing Attitudes Have Affected The Legal Environment In The Post Cold War Era, Joel Waswa Kisubika Jan 1995

Foreign Investment In Sub-Saharan Africa: How Changing Attitudes Have Affected The Legal Environment In The Post Cold War Era, Joel Waswa Kisubika

LLM Theses and Essays

In Sub-Saharan Africa, like many other third world and former Soviet bloc countries, economic development policies revolve around raising the standard of living for their people. Therefore, they are seeking different ways to attract investment, trade, technology, and jobs. The movement towards attracting foreign investment has been paralleled by democratic political reforms and economic liberalization of previously autocratic and restrictive systems. These reforms have been enacted, mostly at the insistence of the World Bank and the International Monetary Fund, in order to deal with the severe foreign debt situation and improve Sub-Saharan Africa’s opportunities for attracting foreign investment. This paper …


Book Review, G. Marcus Cole Jan 1993

Book Review, G. Marcus Cole

Journal Articles

G. Marcus Cole provides a thorough review of Towards a Post-Apartheid Future: Political & Economic Relations in Southern Africa by Gavin Maasdorp & Alan Whiteside (New York: St. Martin's Press, 1992).


Forcing Sovereign Conformity: The Comprehensive Anti-Apartheid Act Of 1986, Joseph L. Miljak Jan 1988

Forcing Sovereign Conformity: The Comprehensive Anti-Apartheid Act Of 1986, Joseph L. Miljak

Cleveland State Law Review

One focus of this Note is to analyze the international repercussions of the Anti-Apartheid Act within the context of United States foreign policy, the sovereignty rights of South Africa, the jurisdiction of United States courts to pass on violations of the Act, and United Nations provisions governing interference with the economy of a foreign government. However, before any discussion of the international legality of this Act can take place, its domestic legality must be determined. Therefore, before looking to international justifications for the Act, this Note will analyze it within the context of United States constitutional law. This analysis will …


Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni Jan 1981

Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni

Scholarly Works

No abstract provided.


Self-Determination, International Law And The South African Bantustan Policy, Henry J. Richardson Jan 1978

Self-Determination, International Law And The South African Bantustan Policy, Henry J. Richardson

Articles by Maurer Faculty

No abstract provided.


United States Foreign Policy Toward South Africa: An Appraisal, Charles G. Burr Jan 1970

United States Foreign Policy Toward South Africa: An Appraisal, Charles G. Burr

Vanderbilt Journal of Transnational Law

In recent years there have been notable cases in which United States involvement in African affairs has had a serious bearing on the United States' general international position, affecting its relations with the United Nations and other states, both African and non-African. The foremost of these cases is South Africa. In the view of many observers of the situation, the actions of the South African government cause reactions that jeopardize United States interests throughout the remainder of independent black Africa, undermine United States influence in the United Nations, and stimulate the nationalist movements within and outside South Africa to seek …