Revocation of citizenship in the face of terrorism

Revocation of citizenship in the face of terrorism

Authors NR Motaung

ISSN: 2522-3062
Affiliations: Senior State Advocate in the Specialised Commercial Crimes Unit of the National Prosecuting Authority of South Africa.
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 2, p. 214 – 229

Abstract

This contribution deals with the revocation of citizenship as a preventative measure against terrorism and offers an exposition of the appropriateness of the practice and its conformity with international human-rights law.

A comparative study of the development of competition/antitrust laws with regard to the treatment of dominant firms

A comparative study of the development of competition/antitrust laws with regard to the treatment of dominant firms

Authors Phumudzo S Munyai

ISSN: 2522-3062
Affiliations: Associate professor, College of Law, University of South Africa
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 2, p. 196 – 213

Abstract

The majority of the decisions by competition authorities and by the courts, as well as academic commentary in modern competition law have embraced an interpretation and enforcement approach to competition rules that appears generally tolerant and welcoming towards firms that are dominant in markets. This is encapsulated by the oft-quoted mantras in modern competition-law enforcement that the mere acquisition of dominance is not unlawful and that no firm should be punished for the mere reason of its dominance, as it is only the abuse of a dominant market status that is prohibited. However, historically, antitrust enforcers and commentators have not exactly rolled out the red carpet for dominant firms. A study of the historical development of competition law overwhelmingly shows that the origin and development of competition law has its roots in the widespread hostility that existed towards dominant firms. This hostility towards dominant firms can, in some cases, still be seen in modern competition law.

Credit bureaus in South Africa and Namibia: A comparative analysis of the regulatory frameworks evaluated against the World Bank’s principles for credit reporting-Part I

Credit bureaus in South Africa and Namibia: A comparative analysis of the regulatory frameworks evaluated against the World Bank’s principles for credit reporting-Part I

Authors André Boraine, Jani van Wyk

ISSN: 2522-3062
Affiliations: Dean, Faculty of Law, University of Pretoria; Doctoral candidate under the auspices of the ABSA Chair in Banking Law in Africa, Department of Mercantile Law, University of Pretoria
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 2, p. 147 – 195

Abstract

Over the years, the South African and Namibian systems have faced challenges relating to credit-information dissemination and, in view of the importance of credit information and credit-information arrangements, it is necessary to consider, evaluate, and compare the jurisdiction-specific measures in order to address identified challenges. We analyse and compare the current frameworks of the two jurisdictions in order to highlight differences. We discuss the World Bank reports on ‘the Observance of Standards and Codes’ for South Africa and Namibia and the ‘General Principles for Credit Reporting’ as general, principled frameworks for the regulation of consumer-information. This is followed by a comparison of the South African and Namibian structures as frameworks with specific structural and substantive features. The discussions focus on the South African National Credit Act 34 of 2005, the South African Protection of Personal Information Act 4 of 2013 and the Namibian Credit Bureau Regulations of 2014. Our aim is to investigate the improvements effected by the systems, the reasons behind these adaptions and, ultimately, the lessons that can be learnt from each jurisdiction.

The recent global financial crisis: delinking security-protectionism and relinking fraudulent misrepresentation in MNCs and the global market-contending existing issues in international law and international relations

The recent global financial crisis: delinking security-protectionism and relinking fraudulent misrepresentation in MNCs and the global market-contending existing issues in international law and international relations

Authors Brian Ikejiaku

ISSN: 2522-3062
Affiliations: Senior Lecturer in law Coventry University, United Kingdom
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 3, p. 442 – 467

Abstract

The global financial crisis that started in the late 2000s incited a heated debate in academic circles with divergent viewpoints. The view that dominated the debate between 2008 and early 2010, was politics that is protectionist-bid of the US and UK—that is, the war on terror, particularly in Afghanistan; and/or the quest for mineral-resource wealth—for example, the US invasion of Iraq. However, since mid-2010 the perspective has shifted to global business in most quarters with some crucial legal issues. This article argues that the primary problem is not that the GFC has affected businesses, but rather that the reverse is the case—the fraudulent business activities of multinational corporations (MNCs) and poor corporate-governance accountability issues, specifically fraudulent misrepresentations, are at the root of the crisis. This article examines on the one hand the impact of politics—security-protectionism—and on the other hand the implication of fraudulent misrepresentations within global business on the recent GFC. This is examined in theory and is analysed by applying such theory in practice using two brief empirical illustrative cases: the strained US-China economic relations and the Euro-zone crisis; as well as other examples, such as Lehman, Enron, Anderson, Mediaset and Mahindra.

New directions by the Panel in Russia-Commercial Vehicles and the implications for South African anti-dumping investigations

New directions by the Panel in Russia-Commercial Vehicles and the implications for South African anti-dumping investigations

Authors Gustav Brink

ISSN: 2522-3062
Affiliations: Extraordinary Lecturer: Mercantile Law, University of Pretoria
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 3, p. 417 – 441

Abstract

A World Trade Organisation (WTO) Panel recently issued its report in the Russia—Commercial Vehicles matter. It made some interesting decisions, deviating from earlier decisions on the same topic by other Panels and the Appellate Body; it further diluted the requirement of establishing a causal link between dumped imports and the injury experienced by the domestic industry; and it strengthened earlier panels’ findings on issues, such as the requirement to inform all interested parties of the essential facts under consideration in an anti-dumping investigation. This article considers seven key findings in the report, compares them with the requirements of the WTO Anti-Dumping Agreement and, where applicable, previous Appellate Body and Panel reports, and then considers what each finding means for anti-dumping in South Africa. It concludes that South Africa’s anti-dumping system fails to meet its WTO obligations in several respects and that there is a need to amend the Anti-Dumping Regulations.

Access to international justice in Africa: the conundrum of states’ non-compliance with judicial decisions

Access to international justice in Africa: the conundrum of states’ non-compliance with judicial decisions

Authors Swikani Ncube

ISSN: 2522-3062
Affiliations: Post-Doctoral Research Fellow, South African Research Chair in International Law, University of Johannesburg
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 3, p. 395 – 416

Abstract

Following the African Court on Human and Peoples’ Rights decision in the Atebong Denis Atemnkeng case in 2013, critics predictably focused on Article 34(6) of the Protocol Establishing the Court as far as its application is a hindrance to individuals’ access to justice on the continent. Forgotten in this discussion were the far-reaching consequences of states’ noncompliance with judicial decisions, even where individuals have direct access to international judicial organs. This article argues that, in Africa, greater threats to access to justice are posed by states’ conduct post adjudication. Using the experiences of the ECOWAS Court of Justice, the International Criminal Court and the suspended SADC Tribunal as empirical evidence, this article argues that post adjudication, states can seriously reverse the gains made by the international justice agenda. Finally, this article cautions against judicial activism as a means of seeking the extension of locus standi to individuals before the African Court on Human and Peoples’ Rights and urges contentment with the snail’s pace at which the continent’s judicial organs are evolving.