Re-conceiving Property Rights in the New Millennium

Re-conceiving Property Rights in the New Millennium

Author: Ben Chigara

Publisher: Routledge

Published: 2013-03-01

Total Pages: 269

ISBN-13: 1136656243

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This book constitutes volume two of a two volume examination of development community land issues in Southern Africa. Following from volume one Southern African Development Community Land Issues, this book considers the possibility of a new, sustainable land relations policy for Southern African Development Community States (SADC) that are currently mired up in land disputes that have become subject of domestic, regional and international tribunals. Chigara demonstrates that land relations in the SADC have always been, and will perhaps remain, a matter for constitutional regulation. Because constitutional laws are distinctive from other laws only by constitutional design, legal contests appear to be the least likely means for settlement in the sub-region. Only human rights inspired policies, that respond to the call for social justice by acknowledging both the current and the underlying contexts to the disputes, hold the most potential to resolve these disputes. The book recommends efficient pedagogical counter-apartheid-rule psychological distortions regarding the significance of human dignity (PECAPDISH) as a pre-requisite and corollary to the dismantling of the salient physical legacy of apartheid-rule in affected SADC States. The book shows that PECAPDISH’s potential and benefits would be enormous. The book will be of interest to students and researchers of Property and Conveyancing Law, Human Rights Law, and Land Law.


Customary International Humanitarian Law

Customary International Humanitarian Law

Author: Jean-Marie Henckaerts

Publisher: Cambridge University Press

Published: 2005

Total Pages: 4121

ISBN-13: 0521839378

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This volume contains, for each aspect of international humanitarian law, a summary of the relevant treaty law and relevant state practice including legislation, military manuals, case-law and official statements, as well as practice of international organisations, conferences and judicial and quasi-judicial bodies. It offers a comprehensive overview of what current or past practice has been in the chosen representative countries around the world. This original and Authoritative work is published by Cambridge in association with the ICRC and will be an essential reference work for anyone involved with international humanitarian law.


Military Courts, Civil-Military Relations, and the Legal Battle for Democracy

Military Courts, Civil-Military Relations, and the Legal Battle for Democracy

Author: Brett J. Kyle

Publisher: Routledge

Published: 2020-12-22

Total Pages: 267

ISBN-13: 042967094X

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The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book’s findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.


Basic Documents on International Migration Law

Basic Documents on International Migration Law

Author: Richard Plender

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 865

ISBN-13: 9004152393

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Since the publication of the second edition of this outstanding collection there has been a continued and rapid growth in the number international conventions, protocols, declarations and recommendations governing migration; and a transformation of the European Union’s the legislation on the subject. The present edition takes account of these developments.


Basic Documents on International Migration Law, 2ed

Basic Documents on International Migration Law, 2ed

Author: Richard Plender

Publisher: Martinus Nijhoff Publishers

Published: 1997-01-01

Total Pages: 924

ISBN-13: 9789041102522

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The second revised edition of "Basic Documents on International" "Migration Law" brings together in a single volume the principal international conventions, declarations and instruments governing international migration in the form in which they stood as of early 1997. It contains the texts of these materials (or, where appropriate, extracts from the texts) together with information on the current state of ratification of each instrument and indications of any reservations, interpretative declarations or other statements made by the States parties. The book begins with excerpts from general multilateral texts, ranging from the Universal Declaration of Human Rights to the Vienna Declaration of 1993. This is followed by instruments governing nationality and statelessness; materials relating to refugees; and texts emanating from the Council of Europe, the Conference on Security and Cooperation in Europe, the European Community and Union and the International Labour Organization. The selection ends with a miscellany of texts of general significance, from the Inter-American Convention on Territorial Asylum of 1954 to the Convention of Human Rights concluded by the Commonwealth of Independent States in 1995. This publication is not intended for scholars alone, but also for practitioners in migration law. The texts are of practical significance for those concerned with the administration of the laws affecting migration and for representatives of those affected by these laws. It also serves as a companion to Richard Plender's monograph, "International Migration Law."