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Human Rights and the South African Legal Order
As an Advocate of the Supreme Court, John Dugard observes the South African legal order daily in operation. In this book he provides a thorough description and probing analysis of the workings of the system. He places South Africa's legal order in a comparative context, examining the climate of legal opinion, crucial judicial decisions, and their significance in relation to contemporary thought and practice in England, America, and elsewhere. He also considers South Africa's laws in the light of its history, politics, and culture. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
International Law
This updated second edition adds to the growing body of such comparative writing in considering the impact of international law on a society that for 40 years occupied a central place on the agenda of the United Nations.
Confronting Apartheid
Looking back over a long and distinguished career, John Dugard describes the work he undertook in defence of human rights by opposing the system of apartheid in South West Africa/Namibia and South Africa and more recently in occupied Palestine, which enforces a system that closely mirrors apartheid in South Africa. He shows how law was used by progressive lawyers in Namibia and South Africa to strike at the heart of apartheid. The entrenchment of a system of discrimination and oppression in occupied Palestine is carefully examined in the context of apartheid, but he ends on a note of hope that the international community, acting through civil society and the institutions of international law, will ensure that a just solution is found to this seemingly intractable problem.
The Pursuit of a Brave New World in International Law
The Pursuit of a Brave New World in International Law presents critical perspectives on various inter-related themes in the areas of human rights, international law, terrorism and international criminal justice. The discussions reflect the wide-ranging subjects that John Dugard has engaged with over the last five decades as an international law scholar, teacher and judge. The essays pay homage to Professor Dugard’s impressive body of work as both a theorist and practitioner of international law and international human rights law. While some of the discussions in the volume critically examine his views, as expressed in his academic writings, judicial opinions and official United Nations reports, others deal with subjects that have been inspired by or are related to Dugard’s work. Contributors are: Neil Boister, Trevor P. Chimimba, James Crawford, David Dyzenhaus, Christopher Greenwood, Larissa van den Herik, Christof Heyns, Maurice Kamto, Tiyanjana Maluwa, Max du Plessis, Thomas Probert, Arnold Pronto, Philippe Sands, William A. Schabas, Ivan Shearer, Hennie Strydom, Mia Swart, Dire Tladi, Annemarieke Vermeer-Künzli and Abdulqawi Yusuf.
The Secession of States and Their Recognition in the Wake of Kosovo
The secession of States is subject to legal regulation. The arguments presented by States in the advisory proceedings on Kosovo confirm that there are rules of international law that determine whether the secession of a State in the post-colonial world is permissible. These rules derive from the competing principles of self-determination and territorial integrity. In deciding whether to recognize a secessionist entity as a State, or to admit it to the United Nations, States must balance these competing principles, with due regard to precedent and State practice. These lectures examine cases in which secession has succeeded (such as Israel and Bangladesh), in which it has failed (such as Biafra and Chechnya) and in which a determination is still to be made (Kosovo, Abkhazia and South Ossetia).
Is There a Court for Gaza?
The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examinat...
Dugard's International Law
This fifth edition of International Law: A South African Perspective is now titled Dugard's International Law: A South African Perspective, in recognition of the fact that this work is a continuation of the earlier editions written by John Dugard. The substance of the work has undergone major changes to take account of new developments both on the international legal scene and in South Africa. Dugard's International Law: A South African Perspective presents a South African perspective of international law. The basic principles of international law are described and examined with reference to the principal sources of international law. This examination, however, takes place within the context of South African law. South African state practice, judicial decisions and legislation on international law receive equal treatment with international law as it is practised and taught abroad. The present work is designed to assist judicial officers and practitioners, educate students, and guide diplomats in the intricacies of international law both at home in South Africa and abroad.
Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development
This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.
The Man Who Killed Apartheid: The Life of Dimitri Tsafendas
On 6 September 1966, inside the House of Assembly in Cape Town, Dimitri Tsafendas stabbed to death Hendrik Verwoerd, South Africa’s Prime Minister and so-called “architect of apartheid”. Tsafendas was immediately arrested and before he had even been questioned by the authorities, they declared him a madman without any political motive for the killing. In the Cape Supreme Court, Tsafendas was found unfit to stand trial on the grounds that he suffered from schizophrenia and that he had no political motive for killing Verwoerd. Tsafendas spent the next 28 years in custody, making him the longest-serving detainee in South African history. For most of his incarnation he was subjected to cru...
