South Africa, the power house of the African continent, as well as Germany, Europe’s largest economic power, are faced with an intricate maze of international obligations, whether related to the United Nations, the World Trade Organization, the African Union or the European Union (EU), international human rights law, international humanitarian law, or any other sub-regime of international law. The two countries are in a different position when facing the implementation of this maze of obligations. South Africa is a developing economy that faces various capacity challenges which, at times, also impact the manner and extent to which it implements its international treaty obligations. Germany, ont the other hand, benefits from comparatively well-funded institutes of international law and a well-trained academic community, which have contributed to the successful implementation of much of international law. But as the relevant chapters in this volume show, the German case is not without its own complexities. As a result, an exchange of ideas and experiences pertaining to the implementation of international obligations can prove fruitful for both countries. Moreover, such an exchange could also serve as a useful point of departure for other countries in Southern Africa that face similar challenges in relation to implementation. The current book explores suitable techniques of implementation of international law, by comparing South Africa with Germany. After a general overview of the status of international law within Germany and South Africa respectively, it focuses on the implementation of international instruments pertaining to key sub-areas of international law in the two countries. These include the United Nations Charter (peace and security), the international law of the sea, international economic law, international environmental law, international human rights law, international criminal law, regional integration, and the status of international judicial decisions before domestic courts.
In: de Wet E, Wolfrum R, Hestermeyer H (eds) The implementation of international law in Germany and South Africa. Pretoria University Law Press, Pretoria, pp 444–467 Iadarola A (1975) Ethiopia's admission into the League of Nations: an ...
This Handbook is the first comprehensive account of comparative environmental law.
Mauritius Written Statement before the icj (15 May 2018), at para. 3.44: “It is wellestablished that the right of self- determination falls within the category of peremptory norms, or “fundamental principles”.
If implementation of an ECtHR judgment requires changing existing legislation or adopting a new law, ... The Implementation of International Law in Germany and South Africa (PULP 2015) 308, 331); its implementation required a complete ...
The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts.
Hugo C “Construction guarantees and the supreme court of appeal (2010–2013)” in ... Hugo C “Independent guarantees and letters of credit” 2014 Annual Banking Law Update (ABLU) 49. Hugo C“Protecting the lifeblood of commerce: a critical ...
The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection.
A fresh look at the bridges and boundaries between foreign relations law and public international law.
Australia594 In Australia, taxpayers have a range of statutory and common law rights which are legally ... actions of the Australian Taxation Office (ATO), Australia's federal revenue authority, and the Tax Practitioners Board (TPB), ...
... adopted detailed legislation, containing diverse aspects relating to the implementation of the Statute. These include Australia,43 Austria,44 Canada,45 Germany,46 Kenya,47 Malta,48 Netherlands,49 New Zealand,50 and South Africa.51 ...