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The worst nightmares of the oil and gas pipeline industry are coming true in the United States.High-pressure natural gas pipelines run underground through many suburban areas as part of the network providing fuel to homes and businesses. This infrastructure poses an immense, but insufficiently recognised, threat to the general public. In 2010, one of these pipelines ruptured in San Bruno, a suburb of San Francisco adjacent to the international airport. The result was a massive explosion and fire in which eight people died, many were injured, and 38 homes were destroyed. This possibility haunts many cities around the world.Coincidentally in the same year, another worst-case scenario came true, near Marshall, in the state of Michigan. A pipeline rupture released vast quantities of oily sludge into a local river system. The smell was so offensive that many nearby residents were forced to sell their homes and get out. The clean-up cost the pipeline owner more than a billion dollars, making it the most expensive oil spill on land in US history.This book examines the causes of these two events. It argues that, although they were profoundly surprising to the companies concerned, from a broader perspective they were no surprise at all, stemming as they did from well-known human, organisational and regulatory failures. In particular, we emphasise two contrasting but equally flawed approaches to prevention of rare but catastrophic events.Fantasy planningCompanies often try to convince themselves, regulators and members of the public that they have the relevant hazards under control because they have elaborate plans to deal with them. When it comes to the point, these plans turn out to be wildly optimistic and full of unjustified assumptions and inaccurate data. Their function is symbolic rather than instrumental - that is, they serve as statements that the hazard is under control, rather than as real instruments of control. Fantasy planning was very evident in both accidents.Black swansThe second approach adopts the currently fashionable "black swan" metaphor. In Europe, historically, all swans are white, and Europeans could not conceive of a black swan - until they discovered Australia. In the 21st century, the concept of a black swan has taken on new meaning - a rare event with major impact, quite unpredictable at the time, although possibly explicable in hindsight. Nowadays, major industrial accidents, such as the blowout in the Gulf of Mexico in 2010, are sometimes referred to as black swans. But here the analogy breaks down. Black swans were unforeseeable to Europeans. Major accidents are not unforeseeable to risk analysts. In fact, it is their responsibility to foresee them and to put in place barriers against them. Accidents occur when those barriers fail. The metaphor is therefore wrong. In fact, it seems to be nothing more than a contemporary version of the idea that major accidents are inevitable - the 'stuff happens' view of risk management.Integrity managementThese two concepts shed new light on why integrity management is so difficult to get right and also how it can be improved. We hope that those in positions of responsibility in companies that have responsibility for hazardous facilities will feel the need to scrutinise their own integrity management systems with these absurdities in mind. The major failings we have identified provide valuable lessons for all organisations that use risk assessments to manage and prioritise routine activities.Oxford University Press Australia & New Zealand is the non-exclusive distributor of this title.
The overarching vision of the 2050 Africa's Integrated Maritime Strategy is to foster increased wealth creation from Africa's oceans and seas by developing a sustainable thriving blue economy in a secure and environmentally sustainable manner. The Law of the Sea: The African Union and its Member States provides a first and firm foundation for an assessment and the further development of the legal aspects of ocean governance on the continent. It is an indispensable reference for all the role players in the African Maritime Domain, including agencies and governments, business, civil society, lawyers, scientists and students.
'Everyone should read Down Girl. It should be distributed in schools and every board room, athletic department and legislative space' - Soraya Chemaly A powerful, lucid analysis of how misogyny works from a remarkable philosopher Misogyny is a hot topic, yet it's often misunderstood. What is misogyny exactly? Who deserves to be called a misogynist? How does misogyny contrast with sexism, and why is it prone to persist - or increase - even when sexist gender roles are waning? In Down Girl moral philosopher Kate Manne argues that misogyny should not be understood primarily in terms of the hatred or hostility some men feel toward all or most women. Rather, it is primarily about controlling, policing, punishing and exiling the "bad" women who challenge male dominance. And it is compatible with rewarding "the good ones" and singling out other women to serve as warnings to those who are out of order. An incredibly forensic analysis of the logic of misogyny from a brilliant thinker, Down Girl is essential reading for the #MeToo era.
Public procurement law governs the acquisition of the goods and services that a state needs to fulfil its public functions. This area of law has seen tremendous development globally in recent years, and Africa is no exception. In many African countries there have been sweeping reforms in the regulatory regimes that govern public procurement. This trend shows no signs of slowing down. On the African continent, public procurement law is closely tied to pressing policy issues: from development plans to donor aid and international lending, to anti-corruption agendas and capacity challenges, to public finance management, enforceable remedies under the rule of law, and human rights. This book investigates a number of these themes to foster an understanding of public procurement law in the context of contemporary Africa. The authors of this collection, Public Procurement Regulation for 21st Century Africa, draw on their varied experience from scholarship, government, international bodies, NGOs and private practice to provide a range of perspectives that shed light on this vital field of law.
The Explanatory Dictionary of Politics (EDP) contains 2 620 key political terms and definitions. The main goal of the EDP is to facilitate a proper understanding of the political realm. The EDP provides assistance to subject specialists and language practitioners. The disciplines involved, which are loosely referred to as the political sciences, include politics, international politics, international relations, African politics, strategic studies, as well as aspects of political development, political administration and political economy. Die Verklarende Politieke Woordeboek (VPW) is gebaseer op die bekroonde tweetalige Nuwerwetse Politieke Woordeboek (NPW) van 2011, en bevat 2 620 politieke kernterme en -definisies. Die hoofdoel van die VPW is om behoorlike begrip van die politieke bestel moontlik te maak. Die VPW verleen hulp aan vakspesialiste en taalpraktisyns. Die dissiplines betrokke en waarna breedweg as die politieke wetenskappe verwys word, sluit in politiek, internasionale politiek, internasionale verhoudinge, Afrikapolitiek, strategiese studies, sowel as aspekte van politieke ontwikkeling, politieke administrasie en politieke ekonomie.
Building on the success of the first edition, the second edition of The Law of Arbitration: South African and International Arbitration sets out the South African common law, legislation and local and international case law applicable to each stage of the arbitration cycle, including the arbitration agreement, intervention by courts pending arbitration, the appointment of and challenges to the arbitrators, the pleadings and arbitration proceedings, and the arbitration award. A brief overview of alternative dispute resolution approaches is also provided as a contextual introduction.
The second edition now incorporates the new International Arbitration Act 15 of 2017 and updates the references to local case law as well as international case law relating to the UNCITRAL Model Arbitration Law (MAL). Act 15 of 2017 cements South Africa’s position not only as a venue for international arbitration but also for the enforcement of foreign arbitral awards, making this title indispensable for South African arbitrators wanting to gain experience in international arbitration.
The following appendices are incorporated in the second edition of The Law of Arbitration:
The second edition of Child Law in South Africa provides insight into the profound impact of recent legislative changes and developments in the associated regulatory frameworks, the judicial interpretation of ground-breaking case law, and the latest research findings in child law in South Africa. The work that has been done at an international level is also incorporated as far as possible within the confines of the topics addressed in this publication. This new edition of Child Law in South Africa does not merely follow in the path of its predecessor: this publication includes 11 entirely new chapters and 11 `new' authors - experts who did not contribute to the previous edition. Even the `revised' chapters add value as they systematically and critically deal with new knowledge and enhance research. Child Law in South Africa is written by 22 experts in the field, edited by Professor Trynie Boezaart, an internationally acknowledged researcher in child law, and independently peer-reviewed. The book reflects the enormous scope and dynamics involved in child law and is sure to encourage further debate and analysis.
Principles of Market Abuse Regulation: A Comparative South African Perspective arguably offers the most comprehensive study of the regulation and enforcement of anti-market abuse laws in South Africa today. Accordingly, the book examines the regulation of the South African securities and financial markets to identify the strengths and weaknesses of the country's anti-market abuse laws. In this regard, the book provides that inadequate and inconsistent regulation of the securities and financial markets could give rise to low investor confidence, market volatility and poor market integrity. The author traces the regulation of market abuse under the Financial Markets Act 19 of 2012 and recommends measures that could enhance the combating of market abuse in the South African securities and financial markets. The Financial Sector Regulation Act 9 of 2017, which is set to expand the mandate of the Financial Services Board, is also considered. The global financial crisis of 2007-2009 provides context for the book. Events covered include South African and American international banks' collusion and market manipulation involving price-fixing, market allocation and rigging in the trading of foreign currency pairs of the South African rand since 2007.
Transformative Property Law honours Professor AJ Van der Walt (1956-2016) - scholar, mentor, and teacher. As the first incumbent of the DST/NRF South African Research Chair in Property Law his primary research goal was to develop the theoretical foundations for the transformation of property law in post-apartheid South Africa. Covering topics that are at the forefront of global thinking on property law, Transformative Property Law consists of 20 essays by a combination of senior and young scholars from South Africa, the United States of America, the United Kingdom, Ireland, the Netherlands, Belgium, and Zimbabwe. The essays focus on the themes that Professor Van der Walt developed during the first 10 years of the research chair, namely: (a) the single system of law and subsidiarity principles; (b) the marginality principle; (c) the development of the common law of property; (d) constitutional property law; and (e) property theory. This volume also includes a list of all Professor Van der Walt's research outputs and a list of all the Masters and Doctoral students that he supervised during his career.
Ubuntu: An African Jurisprudence examines how and why South African courts and law-makers have been using the concept of ubuntu over the last thirty years, reflecting the views of judges and scholars, and above all proclaiming the importance of this new idea for South African legal thinking. Although ubuntu is the product of relations in and between the close-knit groups of a precolonial society, its basic aims - social harmony and caring for others - give it an inherently inclusive scope. This principle is therefore quite capable of embracing all those who constitute the heterogeneous populations of modern states. Included in this work are discussions of two traditional institutions that provide model settings for the realisation of ubuntu: imbizo, national gatherings consulted by traditional rulers to decide matters of general concern, and indaba, a typically African process of making decisions based on the consensus of the group. Courts and law-makers have used imbizo to give effect to the constitutional requirement of participatory democracy, and indaba to suggest an alternative method of decision-making to systems of majority voting. Ubuntu offers something extraordinarily valuable to South Africa and, in fact, to the wider world. Its emphasis on our responsibility for the welfare of our fellow beings acts as a timely antidote not only to the typically rationalist, disinterested system of justice in Western law, but also to the sense of anomie so prevalent in today's society.
Precedents for Applications in Civil Proceedings has been written to assist all, from aspirant novices to experienced practitioners. The book contains more than 100 examples covering an extensive range of more than 50 subjects, with commentary on the requirements of applications and the identification of typical defences. Precedents for Applications in Civil Proceedings comprises four parts: Part 1 - Introduction and General Guidelines: advice on drafting with emphasis on application papers; Part 2 - Generic Applications and General Matters: generic applications such as interdicts, reviews, appellate applications and the like; Part 3 - Procedural, Interlocutory and Incidental Applications Matters: An extensive range of interlocutory, incidental and procedural applications; Part 4 - Specific Substantive Applications: Comprising a wide range of subjects with commentary and precedents thereon.
Trusted for over 50 years, this accessible, comprehensive and practical commentary has been written with the needs of the practitioner, the trustee and the academic jurist in mind. The sixth edition of Honoré’s South African Law of Trusts meticulously discusses the life of a trust from its formation to its dissolution and the problems that are typically encountered in the process. Extensively updated with reference to the latest legislation, case law, and in terms of South Africa’s growing constitutional development, the book also includes a new chapter on collective investment
A summary of the facts and important issues precedes each case excerpt. The excerpts are followed by a critical note evaluating and explaining the relevance and importance of the judgment. The method employed by the authors in their selection of cases reflects a principled approach to the subject. All introductory and explanatory notes are in English and Afrikaans, and Afrikaans judgments are followed by an English translation.
This book will be of invaluable assistance in the study of the dynamic field of criminal procedure. It can be used as a companion to the Criminal Procedure Handbook twelfth ed by Joubert (editor) et al.
Elke uittreksel word voorafgegaan deur ‘n opsomming (in Engels en Afrikaans) van die feite en belangrike kwessies. Die uittreksels word gevolg deur ‘n kritiese aantekening (weereens in Engels en Afrikaans) waarin die belang van die uitspraak oorweeg en verduidelik word. Uitsprake in Afrikaans word gevolg deur ‘n Engelse vertaling. Die skrywers se keuse van uitsprake weerspieël ‘n beginselmatige benadering tot die onderwerp.
Die boek sal nuttig wees by die bestudering van die dinamiese gebied van die strafprosesreg. Dit kan saam met die Strafprosesreghandboek twaalfde uitgawe deur Joubert (redakteur) et al gebruik word.
In My Own Liberator, Dikgang Moseneke pays homage to the many people and places that have helped to define and shape him. In tracing his ancestry, the influence on both his maternal and paternal sides is evident in the values they imbued in their children - the importance of family, the value of hard work and education, an uncompromising moral code, compassion for those less fortunate and unflinching refusal to accept an unjust political regime or acknowledge its oppressive laws. As a young activist in the Pan-Africanist Congress, at the tender age of fifteen, Moseneke was arrested, detained and, in 1963, sentenced to ten years on Robben Island for participating in anti-apartheid activities. Physical incarceration, harsh conditions and inhumane treatment could not imprison the political prisoners' minds, however, and for many the Island became a school not only in politics but an opportunity for dedicated study, formal and informal. It set the young Moseneke on a path towards a law degree that would provide the bedrock for a long and fruitful legal career and see him serve his country in the highest court. My Own Liberator charts Moseneke's rise as one of the country's top legal minds, who not only helped to draft the interim constitution, but for fifteen years acted as a guardian of that constitution for all South Africans, helping to make it a living document for the country and its people.
Property in Minerals and Petroleum is the first major academic text to analyse the state-custodianship concept in South African law with emphasis on its application in mineral and petroleum law. As such, the book seeks to stimulate academic discourse about the impact of the incorporation of state custodianship in this field of law. The book considers the nature of mineral and petroleum rights in a state-custodianship model within a constitutional context. It clarifies the institutional regime change that lead to the regulatory context in which such rights now can be acquired, transferred or lost. The first chapter of Property in Minerals and Petroleum focuses on the constitutional imperatives for reform in mineral and petroleum law, and on the changing concepts of property and landownership that paved the way for transformation. Further chapters evaluate the pre-2004 mineral and petroleum law dispensation and address the current dispensation under the Mineral and Petroleum Resources Development Act (MPRDA). The section on the MPRDA focuses on the aims and objectives of the Act; the notion of state custodianship and its impact on existing property law; the meaning of the terms 'mineral' and 'petroleum'; the nature, content and regulation of rights to minerals and petroleum; the acquisition, transfer and termination of such rights; and various miscellaneous aspects that straddle existing property law principles and the regulation of minerals and petroleum.
'Vulnerable workers' have not been adequately defined in South African jurisprudence, although they have been referred to in case law, and consequently the nature and scope of this concept remains unclear. There are also different categories of vulnerable workers in South Africa. This book introduces students and practitioners to the law and to the practical problems experienced by vulnerable South African workers: those suffering from depression or post-traumatic stress disorder, those who are discriminated against based on their weight or their appearance, those who have been bullied at work, or those who may have opted for gender reassignment. Marginalisation and other forms of prejudice against these workers are well known, but the manner in which we address these issues is not clear. Several other categories of workers, such as the sexually harassed, those living with AIDS, foreign workers, and sex workers may also be seen to be vulnerable (especially in the context of South Africa's history). Vulnerable Employees guides the reader through the basic principles of the law pertaining to the different categories of workers, and offers insight and guidance on the management of these individuals. The book sheds light on the most significant case law and applicable legislation, and proposes draft policies, where applicable. Complex concepts and legal and other relevant principles are explained simply and clearly, without using unnecessary and complex legal jargon. This makes Vulnerable Employees a suitable book for students, for those who provide general advice and assistance to vulnerable workers or their employers, and for those needing to apply this knowledge in a business environment.
When Daniel is tasked with writing the biography of his grandfather, Jules Browde - one of South Africa’s most celebrated advocates - he gets straight to work. But the task that at first seems so simple comes to overwhelm him.
The troubled progress of Daniel’s book stands in sharp contrast to the clear-edged tales his grandfather tells him. Spanning almost a century, these gripping stories compellingly conjure other worlds: the streets of 1920s Yeoville, the battlefields of the Second World War, the courtrooms of apartheid South Africa.
The Relatively Public Life Of Jules Browde is more than the portrait of an unusual South African life, it is the moving tale of a complex and tender relationship between grandfather and grandson, and an exploration of how we are made and unmade in the stories we tell about our lives.
Increased international investment and accelerating economic growth in Africa in general and in Anglophone Africa mean that businesses located both within and outside these jurisdictions will increasingly demand and require advice on cross-border commercial litigation. As the scope and scale of economic activity increases, the law governing commercial litigation will have to be developed and refined to reflect Africa's importance as a commercial hub. In Commercial Litigation in Anglophone Africa, the authors, for the first time in a work of this nature, set out the broad framework of the private international law rules in operation in each of the sixteen Anglophone jurisdictions considered (Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe). The authors identify and clarify the law to be applied as it relates to: (i) civil jurisdiction over commercial disputes involving a foreign element; (ii) the enforcement of foreign judgments; and (iii) the availability and nature of the interim remedies, in each of the sixteen jurisdictions addressed.
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