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DC Field | Value | Language |
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dc.contributor.author | Chigara, B | - |
dc.date.accessioned | 2014-09-15T10:19:44Z | - |
dc.date.available | 2014-09-15T10:19:44Z | - |
dc.date.issued | 2012 | - |
dc.identifier.citation | Nordic Journal of International Law, 81(3), 341 - 377, 2012 | en_US |
dc.identifier.issn | 0902-7351 | - |
dc.identifier.uri | http://booksandjournals.brillonline.com/content/journals/10.1163/15718107-08103001 | en |
dc.identifier.uri | http://bura.brunel.ac.uk/handle/2438/9071 | - |
dc.description | This is the author's accepted manuscript. The final published article is available from the link below. Copyright @ 2012 Koninklijke Brill NV. | en_US |
dc.description.abstract | The Southern African Development Community (SADC) is a sub-regional international organisation comprised of 15 transitional States that have embraced the principle of the rule of law as a basic norm of their constitutional arrangements. Their biggest challenge presently is to undo the provocative and salient legacy of social, economic and psychological apartheid on their territories for almost a century, without disrupting their developmental endeavours. This article examines the question of what role if any the SADC Tribunal envisaged under Article 9 of the constitutive SADC Treaty might play to facilitate successful transitions from apartheid to egalitarian rule. It shows that a multiplicity of dialectics abound that do not allow for easy answers, much to the frustration of both the cultural relativists and their rivals, the universalists, regarding human rights protection. The article recommends meaningful pedagogical engagement of the challenges confronting the SADC sub-region as a direct consequence of almost a century of apartheid - the worst form of governance known to man in recent times. This should inform national, sub-regional and regional dynamics in the pursuit of SADC goals and aspirations. SADC Human Rights Courts and Tribunals are encouraged to develop a “due-account jurisprudence” that is congruous with the transitional requirements of their societies just as the German Federal Constitutional Court had done in the aftermath of the fall of the Reich, and also after the re-unification of Germany. | en_US |
dc.language.iso | en | en_US |
dc.publisher | Brill Academic Publishers | en_US |
dc.subject | Separation of powers | en_US |
dc.subject | Reconciliation and reconstruction | en_US |
dc.subject | Due-account jurisprudence | en_US |
dc.subject | Land disputes | en_US |
dc.subject | Rule of law | en_US |
dc.subject | Human rights | en_US |
dc.subject | Judicial transplants | en_US |
dc.subject | Lex specialis | en_US |
dc.subject | Progressive treaty interpretation | en_US |
dc.subject | Regional customary international law | en_US |
dc.subject | Legacy of apartheid | en_US |
dc.subject | Transitional requirements | en_US |
dc.subject | Southern African Development Community (SADC) Tribunal | en_US |
dc.title | What should a re-constituted Southern African Development Community (SADC) Tribunal be mindful of to succeed? | en_US |
dc.type | Article | en_US |
dc.identifier.doi | http://dx.doi.org/10.1163/15718107-08103001 | - |
pubs.organisational-data | /Brunel | - |
pubs.organisational-data | /Brunel/Brunel Staff by College/Department/Division | - |
pubs.organisational-data | /Brunel/Brunel Staff by College/Department/Division/College of Business, Arts and Social Sciences | - |
pubs.organisational-data | /Brunel/Brunel Staff by College/Department/Division/College of Business, Arts and Social Sciences/Dept of Politics, History and Law | - |
pubs.organisational-data | /Brunel/Brunel Staff by College/Department/Division/College of Business, Arts and Social Sciences/Dept of Politics, History and Law/Brunel Law School | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/Brunel Business School - URCs and Groups | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/Brunel Business School - URCs and Groups/Centre for Research into Entrepreneurship, International Business and Innovation in Emerging Markets | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/School of Health Sciences and Social Care - URCs and Groups | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/School of Health Sciences and Social Care - URCs and Groups/Brunel Institute for Ageing Studies | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/School of Health Sciences and Social Care - URCs and Groups/Brunel Institute of Cancer Genetics and Pharmacogenomics | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/School of Health Sciences and Social Care - URCs and Groups/Centre for Systems and Synthetic Biology | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/School of Information Systems, Computing and Mathematics - URCs and Groups | - |
pubs.organisational-data | /Brunel/University Research Centres and Groups/School of Information Systems, Computing and Mathematics - URCs and Groups/Multidisclipary Assessment of Technology Centre for Healthcare (MATCH) | - |
Appears in Collections: | Law Publications Brunel Law School Research Papers |
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