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The fifth edition of Beginner's Guide for Law Students is a
foundational text which introduces first-year law students to:
basic legal terminology and definitions; the South African legal
system's objectives, history and subdivisions; and legal research
skills. Students are introduced to the law as it stands, in
accessible terms, with reference to the different sources of law
and popular media, to demonstrate how law affects the everyday
lives of individuals and groups in South Africa. Without detracting
from the book's accessibility, students are made aware of law's
complexity, contestability and uncertainties. Beginner's Guide for
Law Students goes further in exposing students to critical voices
on existing law and encourages students to start developing their
own informed opinions about the legal system and what it can and
cannot achieve in addressing South African problems today. Students
are invited to continuously reflect on the implications of the
'transformative' Constitution of the Republic of South Africa, 1996
for the various dimensions of law. However, it is also shown that
transformative constitutionalism is not the be-all and end-all of
South African law, free from its own limits and criticism. As such,
relevant 'decolonial' critiques of transformative constitutionalism
are explored.
Written as a companion to Kleyn & Viljoen's Beginner's Guide
for Law Students, this exciting new work takes students through the
range of skills they will require throughout their studies and in
practice. The material is presented in the same easy-to-use, fun
and accessible manner that was used so successfully in the
Beginner's Guide. Throughout, the authors use clear, simple
language while never compromising on standards and accuracy. This
book is available in English and Afrikaans versions.
Situations of serious or massive violations of human rights are no
longer purely of domestic concern, and sovereignty can no longer be
an absolute shield for repressive governments in such
circumstances. Based on this realization, the international
community has recognized a responsibility to protect individuals in
states where their governments are unable or unwilling to provide
protection against the most serious violations. However, so far,
only one intergovernmental organization, the African Union (AU),
has explicitly made the right to intervene in a Member State part
of its foundational text in Article 4(h) of its Constitutive Act.
Although there have been cases of Article 4(h)-type interventions
in Africa, the AU Assembly has not yet invoked Article 4(h)
explicitly. This book brings together experts in the field to
explore the potential application of Article 4(h), and the
complexities that may explain its non-invocation so far. Although
Article 4(h) is noble in purpose, its implementation faces several
legal and policy challenges given that the use of force penetrates
the principles of state sovereignty and non-intervention - the very
cornerstones upon which the AU is founded. This book considers
these issues, as well as the need to reconcile Article 4(h), in so
far as it allows the AU to exercise military intervention to
protect populations at risk of mass atrocities, with the provisions
of the Charter of the United Nations. Drawing from the insights of
law, political science, diplomacy and military strategy, the book
offers a unique combination of multi-disciplinary expertise that
harnesses the views of a diverse group of authors, focused on the
legal, policy, and practical insights on the implementation of
Article 4(h) and the responsibility to protect in Africa in order
to provide concrete recommendations on how to end mass atrocities
on the continent
Situations of serious or massive violations of human rights are no
longer purely of domestic concern, and sovereignty can no longer be
an absolute shield for repressive governments in such
circumstances. Based on this realization, the international
community has recognized a responsibility to protect individuals in
states where their governments are unable or unwilling to provide
protection against the most serious violations. However, so far,
only one intergovernmental organization, the African Union (AU),
has explicitly made the right to intervene in a Member State part
of its foundational text in Article 4(h) of its Constitutive Act.
Although there have been cases of Article 4(h)-type interventions
in Africa, the AU Assembly has not yet invoked Article 4(h)
explicitly. This book brings together experts in the field to
explore the potential application of Article 4(h), and the
complexities that may explain its non-invocation so far. Although
Article 4(h) is noble in purpose, its implementation faces several
legal and policy challenges given that the use of force penetrates
the principles of state sovereignty and non-intervention - the very
cornerstones upon which the AU is founded. This book considers
these issues, as well as the need to reconcile Article 4(h), in so
far as it allows the AU to exercise military intervention to
protect populations at risk of mass atrocities, with the provisions
of the Charter of the United Nations. Drawing from the insights of
law, political science, diplomacy and military strategy, the book
offers a unique combination of multi-disciplinary expertise that
harnesses the views of a diverse group of authors, focused on the
legal, policy, and practical insights on the implementation of
Article 4(h) and the responsibility to protect in Africa in order
to provide concrete recommendations on how to end mass atrocities
on the continent
This book highlights the use of art in human rights, specifically
within Africa. It advances an innovative pattern of thinking that
explores the intersection between art and human rights law. In
recent years, art has become an important tool for engagement on
several human rights issues. In view of its potency, and yet
potential to be a danger when misused, this book seeks to
articulate the use of arts in the human rights discourse in its
different forms. Chapters cover how music, photography, literature,
photojournalism, soap opera, commemorations, sculpting and theatre
can be used as an expression of human rights. This book
demonstrates how arts have become a formidable expression of
thoughts and a means of articulating reality in a form that
simplifies truth and congregates resolve to advance change.
This book highlights the use of art in human rights, specifically
within Africa. It advances an innovative pattern of thinking that
explores the intersection between art and human rights law. In
recent years, art has become an important tool for engagement on
several human rights issues. In view of its potency, and yet
potential to be a danger when misused, this book seeks to
articulate the use of arts in the human rights discourse in its
different forms. Chapters cover how music, photography, literature,
photojournalism, soap opera, commemorations, sculpting and theatre
can be used as an expression of human rights. This book
demonstrates how arts have become a formidable expression of
thoughts and a means of articulating reality in a form that
simplifies truth and congregates resolve to advance change.
This book provides a comprehensive and analytical overview of human
rights law in Africa. It examines the institutions, norms, and
processes for human rights realization provided for under the
United Nations system, the African Union, and sub-regional economic
communitites in Africa, and explores their relationship with the
national legal systems of African states. Since the establishment
of the African Union in 2001, there has been a proliferation of
regional institutions that are relevant to human rights in Africa.
These include the Pan African Parliament, the Peace and Security
Council, the Economic, Social and Cultural Council and the African
Peer Review Mechanism of the New Partnership for Africa's
Development. This book discusses the links between these
institutions. It further examines the case law stemming from
Africa' most important human rights instrument, the African Charter
on Human and Peoples Rights, which entered into force on 21 October
1986. This new edition contains a new chapter on the African
Children's Rights Committee as well as full coverage of new
developments and instruments, such as the Convention on the Rights
of Persons with Disabilities, the Convention on Enforced
Disappearances, and the African Charter on Democracy, Elections and
Governance. Three cross-cutting themes are explored throughout the
book: national implementation and enforcement of international
human rights law; legal and other forms of integration; and the
role of human rights in the eradication of poverty. The book also
provides an introduction to the relevant human rights concepts.
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