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Legislative Exclusions or Exemptions of Property from the Insolvent Estate
(2011)
The general policy in South African insolvency law is that assets must be recovered
and included in the insolvent estate, and that this action must be to the advantage of
the creditors of the insolvent estate. But there ...
Seeking Deliberation on the Unborn in International Law
(2011)
International human rights instruments and jurisprudence radiate an understanding
of international law as also serving to protect fundamental rights and the interests of
the individual. The idea that human rights provide ...
UN Peacekeeping in Africa and good governance: challenges and prospects
(2008)
While UN peacekeeping operations are in most cases confronted with a multitude of intertwined problems, this seems to be even worse in Africa. Operations on African soil have to react more than averagely to inter- as well ...
The World Trade Organisation and human rights: the role of principles of good governance
(2008)
The present article attempts to determine the role of principles of good governance in the discussion regarding the World Trade Organisation (WTO) and its human rights accountability. It shows that the WTO as an organisation ...
Pursuing the Right to an Effective Remedy for Human Rights Violation(s) In Cameroon: The Need for Legislative Reform
(2017-12-19)
Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the ...
The value of the persistent objector doctrine in international human rights law
(PER/PELJ, 2019)
This article critically analyses the use of the persistent objector doctrine in unilaterally challenging the validity of Sexual Orientation and Gender Identity (SOGI) rights and the related state obligations. The persistent ...
Sounding the alarm: government of the republic of Namibia v LM and Women's Rights during childbirth in South Africa
(PER/PELJ, 2018)
Government of the Republic of Namibia v LM [2014] NASC 19 (hereafter the LM case) concerns the involuntary sterilisation of women during childbirth. The Supreme Court of Namibia found that obtaining consent during the ...
Corruption and human rights law in Africa (2016 Hart Publishing, Oxford)
(PER, 2018-01-16)
This contribution reviews the book by Kolawole Olaniyan on corruption and human rights law in Africa. The book, Corruption and Human Rights Law in Africa, provides a framework for complementarity between promoting and ...
Challenges surrounding the adjudication of women's rights in relation to customary law and practices in Tanzania
(PER/PELJ, 2019)
Women's rights litigation has produced varied outcomes in many African countries. Although courts have looked at the legislation that discriminates against women with different degrees of success, matters such as tradition ...