Realising the Right to Water in South Africa: Challenges of Incorporating a Human Rights-based Approach

by | Sep 27, 2019 | ANUL, ANUL 2015 I2

Realising the Right to Water in South Africa: Challenges of Incorporating a Human Rights-based Approach

Authors Oluwabunmi Lucy Niyi-Gafar

ISSN: 2521-2613
Affiliations: Lecturer, Department of Jurisprudence and International Law, Faculty of Law, University of Ilorin, Nigeria
Source: Africa Nazarene University Law Journal, 2015, Issue 2, p. 72 – 89

Abstract

South Africa has been applauded for its laudable model of a human rights-based approach to potable water. The South African Constitution, and the operationalisation of the National Water Act (NWA) and the Water Services Act (WSA), have contributed to the creation of an enabling environment for access to potable water in South Africa. However, this approach may not have completely benefited poor black South Africans as revealed by the 2014 South African Human Rights Commission (SAHRC) report. A human rights-based approach to potable water in South Africa has, therefore, neglected the category of people for which it was originally adopted to serve.

The Pursuit of International Peace and Security: An Assessment of the Role of the International Court of Justice

by | Sep 27, 2019 | ANUL, ANUL 2015 I2

The Pursuit of International Peace and Security: An Assessment of the Role of the International Court of Justice

Authors Damfebo Kieriseiye Derri, Perekedou James Fawei

ISSN: 2521-2613
Affiliations: ACI Arb and Senior Lecturer, Faculty of Law, Niger Delta University, Nigeria; PNM, ACI Arb, Private Legal Practitioner and Member, Nigerian Bar Association
Source: Africa Nazarene University Law Journal, 2015, Issue 2, p. 53 – 71

Abstract

The International Court of Justice (ICJ) was established as an organ of the United Nations to promote international peace and security through the pacific settlement of disputes, among other judicial functions. However, there is a problem of effective discharge of judicial functions by the ICJ with regard to the achievement of the objective of promoting international peace and security. This article examines the problems that have arisen in that context, and makes appropriate recommendations. In doing this, the article takes into consideration the constitutive instruments, the foundational philosophies of the ICJ and scholarly opinions. The article postulates the view that in line with the Statute establishing the ICJ, the Court is not only an organ of the United Nations (UN), with the role of merely exercising judicial functions, but has the responsibility, theoretically and philosophically, to give life to the purpose clause of the United Nations Charter. Article 1 of the United Nations Charter affirms the major purpose of the UN as being the maintenance of international peace and security, in addition to other incidental commitments, such as developing friendly relations among states, and promoting international cooperation in the resolution of various international problems.

The Unity Dow Case and the Constitutional Protection of Women in Botswana

by | Sep 27, 2019 | ANUL, ANUL 2015 I2

The Unity Dow Case and the Constitutional Protection of Women in Botswana

Authors Bonolo Ramadi Dinokopila

ISSN: 2521-2613
Affiliations: Senior Lecturer, University of Botswana, Department of Law, Gaborone, Botswana
Source: Africa Nazarene University Law Journal, 2015, Issue 2, p. 35 – 52

Abstract

In 1992, the Court of Appeal of Botswana ruled that a woman who was married to a foreigner could pass on citizenship to her children born of the marriage. In this landmark case, the highest court of the land asserted the rights of women and delivered what would emerge as a major blow to patriarchy in the country. This article focuses on the influence that the Attorney General v Dow (Unity Dow case) has had in the empowerment of women in Botswana. In particular, the extent to which there has been a shift from patriarchy to the protection, promotion and fulfilment of women’s rights is discussed. The article also ascertains the extent to which the international legal regime on women’s rights has influenced developments in the law in Botswana.

Challenges Presented to the Legal Regime by the Emergence of Private Military Contractors

by | Sep 27, 2019 | ANUL, ANUL 2015 I2

Challenges Presented to the Legal Regime by the Emergence of Private Military Contractors

Authors Kenneth Wyne Mutuma

ISSN: 2521-2613
Affiliations: Lecturer, School of Law, University of Nairobi
Source: Africa Nazarene University Law Journal, 2015, Issue 2, p. 1 – 34

Abstract

The past two decades have witnessed the emergence and rapid growth of private military and security contractors (PMSCs). Today, these corporate entities make up a global security industry based on the provision of security services to both state and non-state clientele across the world, whose value is over 100 United States billion dollars. Although their initial rise was intimately associated with post-Cold War factors, and was expected to taper off with the decline of such factors, these speculations have not materialised. Instead, the gap presented by the demand for and supply of security services, especially with the advent of the war on terrorism, has bolstered their growth to the point that the world’s leading military power, the United States of America (USA), has become dependent upon these actors. It is not surprising that their rapid rise has sparked enormous interest regarding their activities. In particular, the services of PMSCs during armed conflict have generated intense debates on how they should be viewed and treated. These debates have intensified as high profile PMSCs have been forced to submit to the scrutiny of the public because of their use of violence in scenarios that amount to gross violations of human rights and humanitarian law. Even far more significant is the underlying question of the nature of the services that the PMSCs carry out in the battlefield, including services that constitute direct participation in hostilities. In addition, there is the question of whether the current legal regime governing armed conflict foresees, and adequately caters for, this peculiarity. International humanitarian law classifies all actors operating in armed conflicts as either combatants or civilians, conferring rights and obligations upon them on the basis of where they fall in this divide. On that basis, this article seeks to ascertain on which side of the dichotomy these actors are classified. It concludes that the majority of PMSC personnel will be considered as civilians, which is a contradiction in view of the reality of their activities. It is on the basis of that reality that the article proceeds to discuss the challenges that arise from the current classification of PMSCs.