The Southern African Development Community and Law
The Southern African Development Community and Law

Author: Mkhululi Nyathi

Publisher: Springer

Published: 2018-05-15

Total Pages: 243

ISBN-13: 3319765116

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This book analyses whether the design of the institutions of Southern African Development Community (SADC) reflects the community’s treaty objectives and principles of democracy and the rule of law. The author provides a detailed analysis of the policy making and oversight institutions of SADC. Additionally, the project looks at institutional and legal frameworks of similar organisations (the East African Community, the Economic Community of West African States and the European Union) for comparative purposes. This work is written largely from a legal perspective, specifically international institutional law; however, it carries cross-disciplinary themes, including governance, and especially the subject of public policy making at the international level.

Compendium of documents relating to regional and sub-regional peace and security in Africa (second edition) (2021)
Compendium of documents relating to regional and sub-regional peace and security in Africa (second edition) (2021)

Author: Marko Svicevic

Publisher: Pretoria University Law Press

Published: 2021-01-01

Total Pages: 824

ISBN-13:

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About the publication This Compendium of documents relating to regional and sub-regional peace and security in Africa is the second edition to the 2006 Compendium of key documents related to peace and security in Africa (edited by Dr Monica Juma). It is both an updated and expanded attempt at consolidating the vast legal instruments broadly relating to peace and security on the African continent. More specifically, the Compendium aims to consolidate, both on the regional and sub-regional level, treaties and decisions of regional organisations pertaining to conflict prevention, management and resolution in the African regional and sub-regional context. It ultimately aims to serve as a useful research guide to those involved with matters of peace and security in Africa. Documents and legal instruments included in this Compendium focus on the Organisation of African Unity, the African Union, and its eight Regional Economic Communities: the Arab Maghreb Union (AMU), the Common Market for Eastern and Southern Africa (COMESA), the Community of Sahel-Saharan States (CEN-SAD), the East African Community (EAC), the Economic Community of Central African States (ECCAS), the Economic Community of West African States (ECOWAS), the Intergovernmental Authority on Development (IGAD), and the Southern African Development Community (SADC). This edition also includes additional documents from sub-regional organisations, including documents from the Great Lakes Region and Horn of Africa Conference on the Proliferation of Small Arms and Light Weapons, the Gulf of Guinea Commission, the Central African Economic and Monetary Community, the Eastern Africa Standby Force, the G5 Sahel, the Indian Ocean Commission, and the Mano River Union. Additionally, each chapter outlines the organisation in question, its principal institutions relating to peace and security, relevant documents and legal instruments, and listed topical decisions, declarations and communiqués by that organisation and its institutions. It also briefly puts forward the details of any military interventions or peacekeeping missions undertaken by each organisation. Finally, the Compendium’s indexes include a list of peace and ceasefire agreements (listed by country), chart of ratifications, a list of useful websites and a selected bibliography.

Permanent Sovereignty over Natural Resources
Permanent Sovereignty over Natural Resources

Author: Marc Bungenberg

Publisher: Springer

Published: 2015-04-15

Total Pages: 234

ISBN-13: 3319157388

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Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.

Paradigm Shift in International Economic Law Rule-Making
Paradigm Shift in International Economic Law Rule-Making

Author: Julien Chaisse

Publisher: Springer

Published: 2017-11-13

Total Pages: 515

ISBN-13: 9811067317

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The TPP was negotiated among 12 economically diverse countries, including some most highly developed and rich countries (i.e., the United States, Japan, Australia, Canada, New Zealand, and Singapore), some newly industrialized countries (i.e., Mexico and Malaysia), and some less-developed countries (i.e., Peru, Chile, and Vietnam). A new paradigm created in this context is that countries with vastly different economic developments can actually agree on a set of very high standards to regulate their economic activities, to liberalize their trade, and to protect intellectual property and foreign investment. The contents of the TPP also reflect its status of being a “new paradigm” as the “21st-Century Trade Agreement” and being a pioneer in rule making in many key regulatory areas. These include not only the improved and enhanced rules on traditional issues already covered by the WTO , such as goods, services, and IP rights, but also the carefully designed rules in areas that have never been addressed in the WTO or comprehensively covered in other FTAs , such as state-owned enterprises, electronic commerce, and labor and environmental issues. Although the United States has withdrawn from the TPP, the remaining countries are still putting efforts into establishing a TPP without the United States or a TPP with China. Economically speaking, the current 11 parties account for about 20 % of the global economy. If such agreement is put into force, there will be significant implications for the region, for the multilateral system, and even for other FTAs. The book addresses the potential of the TPP to change the ways trade and investments are conducted and argues for its potential to be the start of an international trade/economic law revolution. The book elaborates the relationship between the TPP and other existing trade agreements such as the WTO and other FTAs and explains how the TPP is to deal with traditional and new issues. Taken together, the authors argue that the implications of the TPP go beyond its current membership. It is hoped that the book will make an important contribution to the field of international economic law.

The Southern African Development Community
The Southern African Development Community

Author: Gabriël H. Oosthuizen

Publisher:

Published: 2006

Total Pages: 408

ISBN-13:

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This book, published in July 2006, significantly complements the burgeoning literature on regional integration in Africa. It is the most up-to-date guide to SADC's history and institutions, its policies and programmes, legal underpinnings and position in unfolding continental and global affairs. It offers a frank analysis of SADC's shortcomings, achievements and prospects and reviews its extensive restructuring.

Resolution of International Water Disputes
Resolution of International Water Disputes

Author: Permanent Court of Arbitration. International Bureau

Publisher: Kluwer Law International B.V.

Published: 2003-01-01

Total Pages: 458

ISBN-13: 9041120297

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This fifth volume in the Permanent Court of Arbitration/Peace Palace Papers series reproduces the work of the 6th International Law Seminar held at the Peace Palace on November 8, 2002. The Seminar's distinguished panelists and participants focused on the settlement of international disputes over that most essential of natural resources water. They explored a range of questions: Which settlement mechanisms are most promising in the field of transboundary freshwater disputes? Is adjudication a suitable method of apportioning water rights which are vital not only to human life, but to the agriculture and industry of every nation on the planet? Given the need for "win-win" solutions to most water disputes, are negotiation and regional cooperation the only realistic and viable methods for settling them? What is the potential role of conciliation, mediation, good offices and other ad hoc mechanisms? This volume also contains the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, a multilateral framework treaty dealing with transboundary freshwater, which provides a variety of tools (such as the submission of disputes to fact-finding commissions) for the peaceful resolution of water disputes.

European Yearbook of International Economic Law 2018
European Yearbook of International Economic Law 2018

Author: Marc Bungenberg

Publisher: Springer

Published: 2019-02-25

Total Pages: 524

ISBN-13: 3319977520

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Volume 9 of the EYIEL focusses on natural resources law understood as a special area of international economic law. In light of increasing conflicts over access to and the use of natural resources and of their impact on political, social and environmental aspects, the contributions of this volume analyse to which extent international economic law can contribute to the sustainable exploitation, management and distribution of natural resources. The volume collects contributions on general principles of natural resources law, the importance of natural resources for trade, investment and European economic law as well as analyses of particular sectors and areas including fracking, timber, space and deep seabed mining and natural resources in the arctic region. In its section on regional developments, EYIEL 9 addresses two regional integration systems which are usually not at the centre of public interest, but which deserve all the more attention due to their special relations with Europe: The Eurasian Economic Union and the Caribbean Community (CARICOM). Further EYIEL sections address recent WTO and investment case law as well as developments at the IMF. The volume also contains review essays of important recent books in international economic law and other aspects of international law which are connected to international economic relations. The chapter "Sovereignty, Ownership and Consent in Natural Resource Contracts: From Concepts to Practice" by Lorenzo Cotula is open access under a CC BY 4.0 license via link.springer.com.