Suchergebnisse

James McCann is the author of one of the most important agricultural and environmental histories of an African region (People of the Plow: An Agricultural History of Ethiopia, 1800–1990. Madison: University of Wisconsin Press, 1995). As such he is well placed to attempt a modern environmental history of the African continent. Overall, he has been successful. Green Land, Brown Land, Black Land is an extremely useful survey of recent trends in research into the causes and consequences of environmental change in Africa. As an introduction to the subject, McCann's book is probably unrivaled.

Council of Ministers, Fifth Ordinary Session, Accra, October 1965 ; The preambles to the UN Convention and the OAU Draft Convention relating to the status of refugees in Africa are not identical in content though similar in aim or spirit since that of the OAU Draft Convention had to be formulated in such a way as to conform with the requirements of the OAU and the African political atmosphere.

The Lehane matter wound its way through the Cape Provincial Division of the High Court and reached the Supreme Court of Appeal. Mr Dunne, the debtor, lived in the United States of America and ran an international web of companies. One of these companies, Lagoon Beach Hotel, operated a Cape Town hotel. Mr Dunne later filed for chapter 7 bankruptcy in the United States and soon was also bankrupted by the Irish High Court. The Irish official trustee, Lehane, applied to the Cape court for the recognition of his status as a foreign trustee and for an anti-dissipation order preventing the disposal of South African property to which Mr Dunne was connected. Lehane succeeded at every stage of the South African proceedings. Initially, Steyn J recognised Lehane as the trustee as though a sequestration order had been granted against Mr Dunne in terms of the Insolvency Act 1936, thus diverging from the approach taken by the Judicial Committee of the Privy Council in Singularis Holdings Ltd v PricewaterhouseCoopers (Bermuda).Subsequently, Yekiso J's approach to applying the Insolvency Act without derogating from its generality opens up the possibility of applying section 21 of the Insolvency Act to significant effect against Mrs Dunne's South African property. Yet the territorialist restriction in Yekiso J's order that only creditors with causes of action which arose in South Africa were entitled to claim against the insolvent estate excluded many foreign creditors, even those from Ireland. Of the many issues raised by the Lagoon Beach Hotel company, two that are chosen for discussion in this case note are the possible application of the automatic stay under section 362 of the United States Bankruptcy Code 1978 to the South African proceedings, and the standing of Lehane because of the litigants' dispute whether Mr Dunne was domiciled in the United States or Ireland. Yekiso J and subsequently Leach JA held that the American automatic stay did not govern the South African proceedings. Significantly, the American and the Irish trustees were co-operating with respect to proceedings in Ireland and South Africa that involved Mr Dunne. And Leach JA deftly deferred to the Irish court the decision regarding the application of the American automatic stay and its relevance to the Irish proceedings. As for the disputed domicile of Mr Dunne, Yekiso J and Leach JA both considered that Mr Dunne had retained his Irish domicile. The established principles of recognising a foreign domiciliary trustee before he might deal with South African property, whether movable or immovable, were confirmed. Leach JA, however, went on to discuss the assistance that might cautiously be accorded to Lehane if Mr Dunne were domiciled elsewhere than in Ireland. Even then, the relevance of domicile could not be gainsaid. In the comments, it is pointed out that trustees appointed in countries other than the insolvent's domicile may still be recognised by South African courts. The insolvent's submitting to the jurisdiction of a court that is not the court of his domicile is discussed; on its facts, the cited authority does not bear out the relevant principle. And the possibility of recognising non-domiciliary trustees in exceptional circumstances and for exceptional convenience is explored. The cases cited in support of this principle are shown to yield differing results.

The South African government faces numerous challenges in redistributing resources and ensuring access to those resources by historically disadvantaged individuals. This is particularly relevant in the fishing industry where people have been dependant on marine living resources, but under Apartheid, were restricted from accessing these resources. The manner and extent to which the South African government seeks to address the injustices of the past in fisheries allocations is an important indication of its commitment to transformation. Transformation of the fishing industry must be balanced against the South African government's commitment to promote historically disadvantaged individuals on the one hand, and sustainable development, the internal transformation of previously advantaged companies and the government's commitment under international human rights and environmental law instruments on the other. The South African government's Department of Environmental Affairs and Tourism has published numerous White Papers and laws that recognise the government's role as custodian of natural resources and the need for the redistribution of resources especially to historically disadvantaged individuals. However, the manner in which legislation and policy is implemented and, more importantly, the way transformation is interpreted by the courts is an important indication of what levels of transformation would satisfy the courts that transformation was considered and given effect to. As stated above, this is important not only for the fishing industry sector but for the redistribution and transformation processes in other areas as well. Transformation requires a marked change. The process under the Marine Living Resources Act and the levels of transformation that it has achieved resembles a negotiated settlement, where the process in allocating fishing rights is relatively transparent, rather than change that is so significant that it may be considered as marked.

In East Africa there is a field research station that locals call 'Atlanta.' It sits on the outskirts of a rural town, near Lake Victoria, equipped with 'state-of-the-art' biotechnological and entomological equipment for monitoring and exploring malaria, HIV, tuberculosis, rotavirus, and other tropical diseases. Drawn from ethnographic fieldwork with clinical trials in East Africa, this paper considers the stories people tell about the landscapes and spaces of experimental medicine to explore the uneven movement of knowledge, scientific practices, and scientists in global medicine. I begin this analytical journey at 'Atlanta' to consider what local idioms about such places might tell us about the encounters and travels of science and scientists in East Africa. Last, I draw attention to the social and material effects of global science projects on the lives and landscapes of East Africa.

When discussing the end of British colonial rule in Africa, many historians have highlighted the role of postwar international relations and the impact of domestic imperial politics on decolonization and have failed to recognize the role of African nationalists. This article argues that such a viewpoint is flawed because it conceives of colonial policy makers as isolated and autonomous entities impervious to changes taking place in the colonies. The national liberation movements in Ghana, Central Africa, Kenya, and other regions of East Africa are explored in this article to illustrate the central role that colonial subjects played in the British decolonization of Africa. While dominant scholarship on the failures of the post-colonial state has made studies of decolonization and African nationalism less fashionable, it is becoming increasingly clear that our understanding of the nature and mechanics of the crises that beset the continent requires taking fresh stock of the record of European colonial rule in Africa. In this regard, the study of colonialism and decolonization in Africa continues to be of critical relevance. [Reprinted by permission of Sage Publications Inc., copyright The American Academy of Political and Social Science.]

The following paper employs a normative approach and focuses on the problem of the current state of the local self-government in the South Caucasus countries: Georgia, Armenia, and Azerbaijan. Since all these countries are members of the Council of Europe, a reference point for decentralisation is the European Charter of Local Self-Government. The paper's main thesis is that despite showing some similarities, the countries have introduced different models of decentralisation that do not fully meet the Council of Europe's criteria. Such variation is in line with the different political systems of these states and their level of democratisation. The more democratic the state is, the stronger the decentralisation it has adopted. Thus, decentralisation in Georgia follows the European model of public policy, while Azerbaijan is preserving the former Soviet model of weak self-government, with central authorities playing the leading role in public services. The current changes in Armenia's model resemble the Georgian track of reforms. The findings of this paper may be applicable both in further theoretical research and in implementing reforms of local self-government in various post-Soviet states.

South Africans were promised a better life for all in the run-up to the first democratic elections in 1994. Local governments throughout South Africa are seeking to improve service delivery to underdeveloped areas in line with the new policy. The seven councils of the Durban Metropolitan Area have a vision for the city, to be realised by the year 2015, that residents will live in acceptably serviced housing and will enjoy a generally high quality of life that can be sustained. To monitor performance towards achieving this vision, the Urban Strategy Department of the Durban Metropolitan Council initiated a project to guide budget allocations and measure the impact of local government actions on residents' perceptions of quality of life. This article reports on results from the pilot study for the project, which included a sample survey of 300 residents and in-depth interviews with a cross-section of 60 residents. The baseline study revealed vast differences in living conditions, access to services and life satisfaction across neighbourhoods. Satisfaction with housing and the neighbourhood, as indicated by disinclination to move, were major factors contributing to life satisfaction of Durban residents. (Dev South Afr/DÜI)