Community Participation: UK Planning Reforms and International Obligations
In: Journal of Planning and Environmental Law, pp. 786-795, 2002
In: Journal of Planning and Environmental Law, pp. 786-795, 2002
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In: Oct 1, 2013 The A38 Journal of International Law, ISSN 2277-9361, Volume 2 Edition 3 October – December 2013, 2(3) A38JIL (2013)
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Working paper
In: Human Rights Conditionality in the EU's International Agreements, S. 228-234
Introduction /James Summers -- Non-State Actors and the Sources of International Law -- Treaty Obligations of Collective Non-State Entities: The Case of the Deep Seabed Regime /Klara Polackova Van der Ploeg -- The East India Company: Non-State Actor as Treaty-Maker /Michael Mulligan -- Armed Non-State Actors and Customary International Law /Agata Kleczkowska -- Ad Hoc Commitments by Non-State Armed Actors: The Continuing Relevance of State Consent /Eva Kassoti -- Non-State Actors and the Implementation of Obligations -- Exploring the Borderlands: The Role of Private Actors in International Cultural Law /Valentina Vadi -- Shaping the Convention on Biological Diversity: The Rising Importance of Indigenous Peoples within the Nagoya Protocol on Access and Benefit-Sharing /Federica Cittadino -- Exploring the Future of Individuals as Subjects of International Law: The Example of the Canadian Private Sponsorship of Refugees Programme /Ekaterina Yahyaoui Krivenko -- Redefining the Position of the Investor in the International Legal Order and the Nature of Investment Treaty Rights: A Closer Look at the Relationship between Diplomatic Protection and Investor-State Arbitration /Javier García Olmedo -- Human Rights Obligations and Non-State Actors -- Tracing the Human Rights Obligations of Un Peacekeeping Operations /Simone F. van den Driest -- An Elephant in the Room: The Scrutiny of the United Nations in the Practice of the European Court of Human Rights /Gintarė Pažereckaitė -- The Business and Human Rights Regime under International Law: Remedy without Law? /Ioana Cismas and Sarah Macrory -- International Human Rights Law and Territorial Non-State Actors: Cases of the Council of Europe Region /Natalia Cwicinskaja -- Dispute Settlement and Non-State Actors -- The Impact of Non-State Actors' Intervention in Investor-State Arbitration: A Further Study /Emily Choo -- The Brčko Arbitration: A Process for Lasting Peace between Non-State Actors /Tomas Vail -- International Law and the Global Public Interest: Icann's Independent Objector as a Mechanism of Responsive Global Governance /Adamantia Rachovitsa -- Non-State Actors and Responsibility -- The Relevance of Article 9 of the Articles on State Responsibility for the Internationally Wrongful Acts of Armed Groups /Katharine Fortin -- State Responsibility, 'Successful' Insurrectional Movements and Governments of National Reconciliation /Tatyana Eatwell -- Does an Armed Group have an Obligation to Provide Reparations to Its Victims? Construing an Obligation to Provide Reparations for Violations of International Humanitarian Law /Paloma Blázquez Rodríguez -- Non-State Actors and Legal Accountability -- Prosecuting Members of Transnational Terrorist Groups under Article 25 of the Rome Statute: A Network Theory Approach to Accountability /Anna Marie Brennan -- ngos in Terrorism Cases: Diffusing Norms of International Human Rights Law /Jeffrey Davis.
This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South Africa, 1996 proclaims in section 39(1)(b) that in interpreting the Bill of Rights and any legislation a court or tribunal must consider international law. The United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990) and the United Nations Guidelines on Justice for Child Victims and Witnesses to Crime (2005) do not make specific reference to child witnesses and how they should be treated. However, it is argued that the guiding principles enshrined therein provide for the protection of child witnesses, particularly the best interests of the child and the right to participate. In addition, the article enumerates and explains the rights of child witnesses as provided for in the UN Guidelines. International law will be discussed first, and then South African law, to establish if the international obligation to protect child witnesses is being adhered to.Keywords: Child witnesses; criminal proceedings; intermediary
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This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South Africa, 1996 proclaims in section 39(1)(b) that in interpreting the Bill of Rights and any legislation a court or tribunal must consider international law. The United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990) and the United Nations Guidelines on Justice for Child Victims and Witnesses to Crime (2005) do not make specific reference to child witnesses and how they should be treated. However, it is argued that the guiding principles enshrined therein provide for the protection of child witnesses, particularly the best interests of the child and the right to participate. In addition, the article enumerates and explains the rights of child witnesses as provided for in the UN Guidelines. International law will be discussed first, and then South African law, to establish if the international obligation to protect child witnesses is being adhered to.
BASE
This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South Africa, 1996 proclaims in section 39(1)(b) that in interpreting the Bill of Rights and any legislation a court or tribunal must consider international law. The United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990) and the United Nations Guidelines on Justice for Child Victims and Witnesses to Crime (2005) do not make specific reference to child witnesses and how they should be treated. However, it is argued that the guiding principles enshrined therein provide for the protection of child witnesses, particularly the best interests of the child and the right to participate. In addition, the article enumerates and explains the rights of child witnesses as provided for in the UN Guidelines. International law will be discussed first, and then South African law, to establish if the international obligation to protect child witnesses is being adhered to.
BASE
This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South Africa, 1996 proclaims in section 39(1)(b) that in interpreting the Bill of Rights and any legislation a court or tribunal must consider international law. The United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990) and the United Nations Guidelines on Justice for Child Victims and Witnesses to Crime (2005) do not make specific reference to child witnesses and how they should be treated. However, it is argued that the guiding principles enshrined therein provide for the protection of child witnesses, particularly the best interests of the child and the right to participate. In addition, the article enumerates and explains the rights of child witnesses as provided for in the UN Guidelines. International law will be discussed first, and then South African law, to establish if the international obligation to protect child witnesses is being adhered to.
BASE
The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and the realities of political practice is the focus of this paper. The Constitution provides for solid dualist mechanisms and procedures for parliamentary oversight of the executive's conduct in the governance of international relations, including the conclusion of treaties. There is, however, a congenital constitutional flaw in the oversight instrumentation of the Constitution: the president is endowed with practically unfettered control over cabinet, and through the cabinet and the parliamentary caucus, he has indirect but firm control over parliament. Consequently, parliamentary oversight of international relations is severely challenged, effectively leaving it to the minority parties, civil society and the courts. This paper assesses the effectiveness of the protection of international human rights in South Africa by constitutional means. It begins by setting out the constitutional foundations that were designed to provide the desired protection and the place of international law in the South African legal order. This is followed by a description of the impact of political reality on the implementation of the constitutional oversight mechanisms. Due to the justiciability of government conduct under the Constitution, parliamentary oversight of executive conduct in the international sphere has largely taken the form of judicial review. In this, the courts have performed very well. This emerges from a concise overview of some key cases in which the courts developed sound principles and delivered strong judgments about the government's failures to maintain the required constitutional standards in its international relations. The cases show a sensitivity on the part of the courts to avoid judicial overreach, while taking up the responsibility to uphold constitutionalism. While the courts' stabilising interventions must be applauded, the executive tendency to flout its constitutional responsibilities remains a cause for concern.
BASE
The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and the realities of political practice is the focus of this paper. The Constitution provides for solid dualist mechanisms and procedures for parliamentary oversight of the executive's conduct in the governance of international relations, including the conclusion of treaties. There is, however, a congenital constitutional flaw in the oversight instrumentation of the Constitution: the president is endowed with practically unfettered control over cabinet, and through the cabinet and the parliamentary caucus, he has indirect but firm control over parliament. Consequently, parliamentary oversight of international relations is severely challenged, effectively leaving it to the minority parties, civil society and the courts. This paper assesses the effectiveness of the protection of international human rights in South Africa by constitutional means. It begins by setting out the constitutional foundations that were designed to provide the desired protection and the place of international law in the South African legal order. This is followed by a description of the impact of political reality on the implementation of the constitutional oversight mechanisms. Due to the justiciability of government conduct under the Constitution, parliamentary oversight of executive conduct in the international sphere has largely taken the form of judicial review. In this, the courts have performed very well. This emerges from a concise overview of some key cases in which the courts developed sound principles and delivered strong judgments about the government's failures to maintain the required constitutional standards in its international relations. The cases show a sensitivity on the part of the courts to avoid judicial overreach, while taking up the responsibility to uphold constitutionalism. While the courts' stabilising interventions must be applauded, the executive tendency to flout its constitutional responsibilities remains a cause for concern.
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In: Indian journal of international law, Band 58, Heft 1-2, S. 39-56
ISSN: 2199-7411
In: The Italian Yearbook of International Law Online, Band 4, Heft 1, S. 20-30
ISSN: 2211-6133
In: Potchefstroom Electronic Law Journal, Band 22
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In: Refugee survey quarterly: reports, documentation, literature survey, Band 18, Heft 2, S. 124-135
ISSN: 1020-4067
In: Proceedings of the annual meeting / American Society of International Law, Band 58, S. 210-214
ISSN: 2169-1118