The process of the transformation, reconciliation, development and reconstruction of South African society had not been finalised when the Truth and Reconciliation Commission (TRC) and the Amnesty Committee reached the end of their mandates in 1998 and 2003 respectively. The reality is that apart from those people whose applications for amnesty have failed, there are also those who simply choose not to participate in the proceedings, as well as those who could not participate due to the limitations in the scope of the TRC. It is therefore imperative to implement measures to address "unfinished business," which should be approached in such a manner that they complement and build upon the work of the TRC. This book focuses on successive measures in the form of prosecutions and on the implementation of additional measures in the form of Presidential pardons in the aftermath of the TRC's amnesty scheme. The main objective of this book is to examine the manner in which the post-TRC phase in South Africa has unfolded and to answer the question of whether or not South Africa's post-TRC initiatives are in compliance with both national and international law. The aim of presenting the South African model, although context specific, is to contribute to a better understanding of legal challenges a society in transition faces in the aftermath of initial measures in the form of amnesty. This will provide guidance to future societies in transition and reduce the likelihood of repeating avoidable errors - errors that transitional societies can hardly afford to make.

Out of the 2015/16 nationwide student protest action has come the long-overdue challenge for academia to assess and reconsider critically the role academics play in maintaining and perpetuating exclusive social structures and discourse in schools and faculties in the higher education landscape in South Africa. Decolonisation and Africanisation of Legal Education in South Africa proposes possible starting points on the subject, and the roles, challenges and questions that legal academia face in the quest to decolonise and Africanise legal education in South Africa. It explores the potential role of the Constitution in decolonising and Africanising legal education. Furthermore, the book discusses important contextual factors in relation to decolonising clinical legal education. Decolonisation and Africanisation form a much more nuanced project in the continuous process of development and reflection to be undertaken by all law academics together with their relevant institutions and students. The book ultimately highlights the importance of decolonising the law itself. This timely and important work lays a foundation that will hopefully inspire many more publications and debates aimed at transforming our legal education.

It is now unquestionable that corruption has become an issue of international concern. A complex set of substantive and procedural rules has emerged concerning the prevention and repression of corruption, representing the international legal framework against corruption. The present study begins by tracing the emergence of this framework and engages in a systematic analysis of its content, highlighting weaknesses and innovative aspects. What does international law require States to do in relation to corruption? What happens if States do not meet their international obligations? The responses to these questions constitute the core of this study.

In response to increasing mobility and migration in Europe, the European Directive 2010/64/EU on strengthening the rights to interpretation and translation in criminal proceedings has highlighted the importance of quality in legal translation and interpreting. At the same time, the economic situation is putting pressure on public services and translation/interpreting service providers alike, jeopardizing quality standards and fair access to justice. With regard to interpreting, the use of videoconference technology is now being widely considered as a potential solution for gaining cost-effective and timely access to qualified legal interpreters. However, this gives rise to many questions, including: how technological mediation through videoconferencing affects the quality of interpreting; how this is related to the actual videoconference setting and the distribution of participants; and ultimately whether the different forms of video-mediated interpreting are sufficiently reliable for legal communication. It is against this backdrop that the AVIDICUS Project (2008-11), co-funded by the European Commission's Directorate-General Justice, set out to research the quality and viability of video-mediated interpreting in criminal proceedings. This volume, which is based on the final AVIDICUS Symposium in 2011, presents a cross-section of the findings from AVIDICUS and complementary research initiatives, as well as recommendations for judicial services, legal practitioners and police officers, and legal interpreters.

Regulation and In-House Lawyers is a resource for SRA regulated lawyers working in-house for organisations which are not authorised by the SRA. This second edition has been updated to reflect the major regulatory changes introduced by the SRA Standards and Regulations in November 2019. The book explains the changes and their significance to in-house lawyers in particular, and provides guidance on regulatory compliance. It also covers key legislation such as the Money Laundering Regulations 2017, the Criminal Finances Act 2017, the EU General Data Protection Regulation and the Data Protection Act 2018, as well as recent Solicitors Disciplinary Tribunal decisions. Additional material has been added to this new edition which will help lawyers to demonstrate compliance in practice through systems, controls and policies, including templates which can be used by practitioners to create compliance manuals.

It has long been a fundamental norm of civilized legal systems that the administration of justice is conducted in full view of the public. In this topical new study, Joseph Jaconelli explores these issues and offers a critical examination of the reasons why justice is required to be carried out in the open, the values served by open justice, and the tensions that exist between it and the pressures of modern, mass media.

This book is the first South African work on this crucial new tool for the successful investigation and prosecution of crime.

It introduces readers to the biological principles of DNA and emphasises the importance of the chain of custody and pre-trial disclosure. It also looks at the process that a DNA-sample has to go through before a DNA test result can be produced, as well as an explanation of test result interpretation.

The meaning of a DNA match is explained, as well as aspects of population genetics, statistical calculations and DNA databases.

Despite significant accomplishments over the past 35 years, antiviolence activists know that justice for most abused women remains elusive. Most victims do not call the police or seek help from the courts, making it crucial to identify new ways for survivors to find justice. This path-breaking book examines new justice practices for victims that are being used in the United States, Canada, Australia, and New Zealand. These informal, dialogue-based practices, referred to as "restorative justice," seek to decrease the role of the state in responding to crime, and increase the involvement of communities in meeting the needs of victims and offenders. Restorative justice is most commonly used to address youth crimes and is generally not recommended or disallowed for cases of rape, domestic violence, and child sexual abuse. Nevertheless, restorative practices are beginning to be used to address violent crime.
Restorative Justice and Violence Against Women considers both the dangers and potential benefits of using restorative justice in response to these crimes. The contributors include antiviolence activists and scholars from the United States, Canada, Australia, and New Zealand. Some are strongly in favor of using restorative practices in these cases, some are strongly opposed, and many lie somewhere in between. Their chapters introduce a range of perspectives on alternative justice practices, offering rich descriptions of new programs that combine restorative justice with feminist antiviolence approaches.
Controversial and forward-thinking, this volume presents a much-needed analysis of restorative justice practices in cases of violence against women. Advocates, community activists, and scholars will find the theoretical perspectives and vivid case descriptions presented here to be invaluable tools for creating new ways for abused women to find justice.

Forgiveness and Remembrance examines the complex moral psychology of forgiving, remembering, and forgetting in personal and political contexts. It challenges a number of entrenched ideas that pervade standard philosophical approaches to interpersonal forgiveness and offers an original account of its moral psychology and the emotions involved in it. The volume also uses this account to illuminate the relationship of forgiveness to political reconciliation and restorative political practices in post-conflict societies. Memory is another central concern that flows from this, since forgiveness is tied to memory and to emotions associated with the memory of injury and injustice. In its political function, memory of wrongdoing - and of its victims - is embodied in processes of memorialization, such as the creation of monuments, commemorative ceremonies, and museums. The book casts light on the underexplored relationship of memorialization to transitional justice and politically consequential interpersonal forgiveness. It examines the symbolism and the symbolic moral significance of memorialization as a political practice, reflects on its relationship to forgiveness, and, finally, argues that there are moral responsibilities associated with memorialization that belong to international actors as well as to states.

In November 2010, the Ius Commune Research School devoted the Liability and Insurance workshop on its annual conference to 'the Power of Punitive Damages'. In their search for better ways to enforce private and public legal rules, prevent damage, and compensate victims of grave wrongdoing, European legal scholars and policy makers show an increased interest in this particular private law remedy. The twenty-two authors of this book reflect on the pros and cons, applicability, aims and limitations of punitive damages in terms of different legal themes. Some of the authors are, because of their legal background, familiar with punitive damages, whereas others are not. Likewise, some take an enthusiastic stance, whereas others remain prudent. The result is a unique collection of thoughts, suggestions and critical questions which takes the European punitive damages debate to the next level. It improves perception of the private law sanction, which is often feared by Europeans, and its common law background, but also gives new insights as regards the question whether European societies are missing out by not adding this powerful penal incentive to the already existing array of private law remedies.

Ethics are an integral part of the legal profession. Ethics are important because they imbue a sense of orderliness and professionalism in the members of the profession, and hence instil in legal practitioners a sense of responsibility and accountability. Understanding Professional Conduct and Ethics for Legal Practitioners in Zambia covers the following areas: the core ethics of a legal practitioner; the obligations of an advocate; the fraternity of lawyers; undertakings; disciplining an advocate; the conduct and ethics of prosecutors; and judicial officers' conduct and ethics. The book includes the Judicial (Code of Conduct) Act, the Legal Practitioners' Act and the Legal Practitioners' Practice Rules.

This book examines an area of personal injuries law that has been largely neglected by other writers, but which is of vital importance in practical terms when establishing quantum of damages for personal injuries. It provides detailed coverage of the law as it works in practice, but also important insights into the underlying legal principles and policy. There is comprehensive analysis of the rules relating to the deduction of social security benefits, including the Social Security (Recovery of Benefits) Act 1997 and the new rules concerning recovery of NHS costs from insurers. The book also explains in detail how the deduction of private insurance payments, gifts and charitable payments, benefits relating to employment, benefits related to the cost of care, and benefits accruing to dependants all impact upon the awards made by the Courts.

Comparative Constitutional Justice adopts an innovative approach to constitutional justice. From a methodological perspective, it assumes that it is impossible to apply an absolute criterion of classification, which depends on the purposes comparative scholars aim to achieve when delivering their own taxonomies. A broad definition of constitutional justice is adopted, which revolves around the following taxonomy: 1) the legality of norms, 2) the conformity of actors' behaviours with the distribution of sovereign powers and 3) the compliance with international covenants on human rights. This tripartite classification complements a further criterion based on the graduation in the intensity of this review. This indeed ranges from a minimum scrutiny limited to legislation ('nomocratic review') to a maximum scrutiny encompassing all state activities ('pantocratic review'). The proposed classification will provide readers with a critical toolbox when it comes to examining the pluralism which characterises the systems of constitutional adjudication around the world.

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.

Choreographing Copyright provides a historical and cultural analysis of U.S.-based dance-makers' investment in intellectual property rights. Although federal copyright law in the U.S. did not recognize choreography as a protectable class prior to the 1976 Copyright Act, efforts to win copyright protection for dance began eight decades earlier. In a series of case studies stretching from the late nineteenth century to the early twenty-first, the book reconstructs those efforts and teases out their raced and gendered politics. Rather than chart a narrative of progress, the book shows how dancers working in a range of genres have embraced intellectual property rights as a means to both consolidate and contest racial and gendered power. A number of the artists featured in Choreographing Copyright are well-known white figures in the history of American dance, including modern dancers Loie Fuller, Hanya Holm, and Martha Graham, and ballet artists Agnes de Mille and George Balanchine. But the book also uncovers a host of marginalized figures - from the South Asian dancer Mohammed Ismail, to the African American pantomimist Johnny Hudgins, to the African American blues singer Alberta Hunter, to the white burlesque dancer Faith Dane - who were equally interested in positioning themselves as subjects rather than objects of property, as possessive individuals rather than exchangeable commodities. Choreographic copyright, the book argues, has been a site for the reinforcement of gendered white privilege as well as for challenges to it. Drawing on critical race and feminist theories and on cultural studies of copyright, Choreographing Copyright offers fresh insight into such issues as: the raced and gendered hierarchies that govern the theatrical marketplace, white women's historically contingent relationship to property rights, legacies of ownership of black bodies and appropriation of non-white labor, and the tension between dance's ephemerality and its reproducibility.

This book seeks to define a contemporary disability human rights approach for the field of employment. Based on an analysis of the newly-adopted UN Convention on the Rights of Persons with Disabilities and present-day interpretations of international and European human rights instruments, it identifies four main requirements as characterising the contemporary disability human rights approach on the labour market: - substantive equality founded on inclusive general structures, - a definition of disability which recognises that disability results from the interaction between impairment and social structures and that all persons may at one time or another of their lives be disabled, - involvement of organisations of disabled persons in law and policy-making, and - a rights-based approach. It examines Danish and Swedish employment law and policy as well as their compliance with contemporary disability human rights. In addition, EU law and policy in the field of disability employment law and policy are examined in relation to the contemporary disability human rights approach. The analysis and comparison of Danish and Swedish law and policy, which is done on the basis both of legal sources and statistical information on the use and effects of different laws and policies, concentrates on four different areas of employment law and policy: disability equality, employers' obligations towards employees with disabilities and / or reduced working capacity, employment promotion for unemployed persons with disabilities and income-replacement for persons with disabilities outside the labour market. The comparison shows that the main difference between Danish and Swedish disability employment law lies in level of employers' obligations under employment protection law and health and safety law. It is argued that this difference leads to more inclusive general structures on the labour market in Sweden and constitutes the main explanation for the extreme difference in employment rates for persons with disabilities and reduced working capacity in Denmark and Sweden.

This book covers five areas of family property law in Europe: matrimonial property law, family contracts (issues of autonomy), the legal protection of older people, the freedom of testation and protection of family members, and the unification of private international law. All of these issues are highly relevant as Europe is at a key stage in its development with all societies experiencing broadly similar demographic trends and facing the social and legal policy challenges that accompany them. The increase in international mobility and multi-jurisdiction couples poses increased pressure to provide private international law solutions and prompts calls for substantive harmonization. The high divorce rate in many jurisdictions means that matrimonial property and maintenance issues affect more families. Other social changes - such as an increased maternal labor market attachment - invite reconsideration of the basis for financial relief between spouses in divorce. All jurisdictions are also experiencing growth in cohabitation and extra-marital births. In short, family structures are becoming more complex. This raises questions concerning the division of property, both on separation or following death, where the appropriate priority among the diverse range of surviving family members needs to be resolved. Moreover, as fertility rates decline and populations age, increasing numbers of older people require costly personal and medical care, prompting a new set of questions for law and society to resolve. These issues are discussed throughout the book. (Series: European Family Law - Vol. 29)

This book makes a valuable contribution to the current discussion regarding the private enforcement of competition law, particularly through the use of group litigation. Forms of group litigation are debated not only at the European level, but in countries worldwide. Policy makers, practitioners, and academics alike can draw relevant insights about the potentials and pitfalls of group litigation mechanisms. The framework developed allows for the evaluation of existing forms of group litigation, such as those already being used in the US, the UK, and Germany. Moreover, through the analysis, a picture of the optimal form of group litigation in any context emerges. The analysis highlights the necessary trade-offs and choices any society contemplating the introduction of group litigation into their legal system - not only in the area of competition law - will have to face.

Equality is an ideal to which we all aspire. Yet the more closely we examine it, the more its meaning shifts. How do we explain how equal treatment can in effect lead to inequality, while unequal treatment might be necessary in order to achieve equality? The apparent paradox can be understood if we accept that equality can be formulated in different ways, depending on which underlying conception is chosen. In this highly readable yet challenging book, Sandra Fredman examines the ways in which discrimination law addresses these questions.
The new edition retains the format of the highly successful first edition, while incorporating the many new developments in discrimination law since 2002, including the Equality Act 2010, human rights law, and EU law. By using a thematic approach, the book illuminates the major issues in discrimination law, while at the same time imparting a detailed understanding of the legal provisions. The comparative approach is particularly helpful; by examining comparable law in the US, India, Canada, and South Africa, as well as the UK, the book exposes common problems and canvasses differing solutions. As in the previous edition, the book locates discrimination in its wider social and historical context. Drawing on the author's wide experience of equality law in many jurisdictions, she creates an analytic framework to assess the substantive law.
The book is a thought-provoking and accessible overview of the way in which equality law has adjusted to new and increasingly complex challenges. It concludes that progress has been evident, but uneven. Those dedicated to equality still face an exacting, but ultimately deeply rewarding, task.

Should public opinion determine-or even influence-sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosphers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restoratifve justice programs, and other means.

This twenty-third volume of annotated leading case law of international criminal tribunals contains decisions taken by the International Criminal Court in the period 2004-2007. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included. Contributors: Denis Abels, Kai Ambos, Ccile Aptel, Amir Cengic, Annelisa Ciampi, Annemarie De Brouwer, Karel de Meester, Hkan Friman, Marc Groenhuijsen, Dov Jacobs, Erik Kok, Gunal Mettraux, Ioannis Naziris, Astrid Reisinger, Lela Scott, Sergey Vasiliev, Alexander Zahar and Salvatore Zappala

Children's rights and human development is a new and uncharted domain in human rights and psychology research. This multidisciplinary children's rights reader is a first attempt to introduce this domain to students and researchers of children's rights, child development, child maltreatment, family and child studies, and related fields. For many lawyers, children's rights are limited to their legal dimension: the norms and institutions of international human rights law, often with an exclusive focus on the Convention on the Rights of the Child and its monitoring treaty body, the Committee on the Rights of the Child. However, there are three more dimensions to children's rights. Children's rights share a moral and a political dimension with all human rights, which most non-international lawyers all too often overlook. And children's rights have a fourth dimension: the time dimension of child and human development. This time dimension is multidisciplinary in itself. Human development begins nine months before childbirth. When we are four years of age, our brain is 90% adult size. The infrastructure of our personality, health, and resilience is formed in our first years of life, determined by the quality and sheer quantity of parent-child interaction and secure attachment formation. Yet, more than one third of children are not securely attached. According to research published in The Lancet in 2009, one in ten children in high income countries is maltreated. Violence against children is a worldwide plague. Socio-economic and socio-emotional deprivation are still transmitted from generation to generation in both rich and poor states. Investing in early childhood development, positive parenting, and child rights education makes sense. This book brings together substantial and fascinating texts from many fields and disciplines that illustrate and elaborate this point. Arranged in ten chapters titled according to pertinent child rights principles and concepts, these texts offer a state-of-the-art view of the enormous progress made in the past decades in several fields of human knowledge. In between these texts, several news and factual items inform the reader on the huge gap that still exists between what we know and what we do to make this world a better place for children, to promote human development, and to protect human rights better. Child rights violations are still met with more rhetoric than leadership. But change is on its way. The book's contents may be used both as background readings and as tasks for group discussion in problem-based learning or other educational settings in child rights law and psychology courses. It is also aimed at a broader academic and public audience interested in the many aspects and ramifications of children's rights and human development.

The need for more stringent regulation of multinational corporations (MNCs) is discernible in the adverse human rights impact of business activities in conflict-prone regions of the world. Domestic jurisdictions appear reluctant to vigorously pursue mandatory enforcement of human rights standards vis-a-vis the private sector for violations committed abroad. The international system, in turn, has not yet put in place any effective compliance mechanism beyond regulatory supervision. The difficulties of prosecution by home and host states, and the propensity of MNCs to exploit the principles of separate legal personality and limited liability, pose certain challenges. Seeking to address the problem of corporate involvement in grave human rights abuse (i.e. genocide, crimes against humanity, and war crimes), this study explores the desirability and feasibility of subjecting business enterprises to regulation through international criminal law. It draws upon holistic methods for uncovering organizational fault, suggesting the necessity to align the culpability of legal persons with the peculiarities of institutional form and dynamics. The book discusses the instrumentality of existing Rome Statute provisions with regard to both corporations and corporate agents, and puts forward a sui generis model for constructing the criminal liability of MNCs.