The Western Cape independence movement: motivations, justifications and critique

<p><em>A literature review has been carried out to determine international and national legal frameworks regarding international transportation of nuclear and radioactive materials through the Lombok Strait in Indonesia. </em><em>The </em><em>Lombok Strait is one of the Indonesian Archipelagic Sea Lanes which has been regulated both in the national and international legal frameworks as a pathway between two oceans that passes through Indonesian waters. Transportation of goods by ship is passage of innocent as stated in Sea Law Convention. However, due to nuclear and radioactive materials are not ordinary goods, the safety and security of nuclear and radioactive materials should be ensured. The paper examines Indonesian national laws on nuclear and radioactive materials transport through Lombok Strait. Review results that a</em><em>part from the carrier should comply with national and international legal frameworks, coordination between governmental agencies in Indonesia including local governments plays an important role in the innocent passage through the Lombok Strait. Finally, ensuring nuclear and radioactive materials transports are safe and secure in the context of international shipment is a necessity to ensure safety and security for workers, public and the environment.</em><em></em></p><p><strong><em>Keyword</em></strong><strong><em>s</em></strong><strong><em>:</em></strong><em> </em><em>Lombok Strait; nuclear; transport.</em><strong><em></em></strong></p>

Child marriage has been an age-long problem in Ghana’s quest of protecting the rights and development of young girls. Though there are various international and domestic legal frameworks to assist the Ghana government in taking proactive steps in fighting against child marriages, there are some deep-rooted cultural practices commemorated in some Ghanaian traditional communities that seem to derail the government’s efforts. This paper aims to analyze the Boekpayoo customary ceremony organized by the Nungua Traditional Council in Ghana at the Gborbu temple on the 30th of March 2024. It offers a deeper understanding of the appropriateness and legality of the Boekpayoo customary ceremony to show how Ghana struggles to end all forms of child or early marriage. This paper puts the customary ceremony under the lens of existing domestic and international legal frameworks and cultural anthropology perspectives. This paper has relied on and has been critically analyzed through secondary data from national and international legal instruments, cultural anthropology literature, and news reports. This study revealed that the procedure for the Boekpayoo ceremony, as well as the fitting appointment for occupying the position of Naa Yoomo Ayemuede, is legitimate, as it helps in the preservation and promotion of the place-identity history and culture of the Ga-Dangmes. However, the timing and selection of Naa Okromo need to be analyzed as they are not in accordance with the established national and international legal frameworks.

Over the centuries, philosophers and scholars have debated and explored what drives inequity and fragmentation and their implications for justice and societal well-being. More recently, the introduction and codification of international and national legal frameworks has advanced universal rights and welfare. Research has also made an unambiguous, pragmatic case for equity and inclusion, underlining the benefits of inclusion as well as the risks attendant in exclusion. This chapter discusses philosophical foundations, scholarly analyses, and theories; the international legal framework; research showing how diverse societies benefit from varied perspectives and expertise; links between economic inclusion, on one hand, and growth and development, on the other; how exclusion results in underdevelopment, persistent pockets of poverty, economic underperformance, and disparities in income; and the implications of grievance for intractable conflict and unrelenting violence.

The development of the regulatory framework of Latvia’s Asylum and external border is determined by international regulatory framework, the EU's regulatory framework and influence of Latvian bilateral relationship as well as the need to balance the free movement of persons which is essential part of human rights in order to ensure the legislation in relation to Latvian external border regime within international and national legal framework. This is evidenced as a problematic issue in regulatory framework, law practices and border control both in Latvia and other EU countries. It is necessary to explore international, EU and national legal framework within the EU's external borders functioning in Latvia by detecting problems in the EU's Asylum determination in the context of border regime and border control regulatory framework, by exploring legislation, legal concepts, incompleteness of terminology and eventually to develop suggestions for improving laws and regulations. The primary method is Analytical method - the analysis of international, EU, the Schengen Acquis and the national regulatory framework and administrative practice.

Violence against women is a phenomenon we encounter on a daily basis and which is present in all areas and all cultures and social systems, through time. The most severe form of violence against women is femicide, as a gender-based murder of a woman by a man who thinks he has a right to take her life. Femicide is therefore a crime that discriminates. Since this phenomenon is still rarely object of scientific research, the author of this article wants to give contribution to the further study and recognition of femicide as an urgent social problem, his understanding and adequate response through the legal systems of the countries.
 The author puts focus of discussion in this paper, on the issue of femicide, starting with the analisys of the phenomenon of violence against women, meaning of this notion, its forms, and the International, European and national legal framework. While in conclusion, author explicates confirmation of hypotheses that there is an inadequate legal framework for the prevention of femicide, as a serious social problem in international, European and national legal framework, both directly through the criminalization and punishment of the perpetrator of this crime, as well as taking other measures aimed at prevention and protection of women against this form of violence.

The present study intended to compare five pre-trial accused’s rights including the right to know the reasons of arrest, the right to be produced before magistrate, right not to be tortured, right of privacy and dignity in Pakistani and international legal frameworks. After following functional approach in comparative legal studies, the present study found that the right to know the reasons of arrest is recognized but its scope in terms of time and language is different in Pakistani and international legal frameworks except UDHR. The study also found that the right of production of an accused is recognized in domestic and international instruments except UDHR; however, the nature, time and scope of the forum differ. Likewise, the prohibition on torture is acknowledged in all national and international legal instruments with the variation in the scope of this right. The study also noted that the right of privacy is recognized as a conditional right in national and international legal instruments. However, the scope of this right is different in these instruments. The analysis also reveals that the right to dignity is acknowledged as an absolute right in national and internal legal framework with the only difference that ICCPR specifically gives this right to an accused. It is expected that the present study will offer assistance to legislature and judiciary to improve the existing legal framework pertaining to the rights of accused


 
 
 The decade starting from 2010-2020 was recorded the warmest decade in the history. The new principles such as Climate litigation, climate justice, climate legislation have been catapulted to the forefront of the environmental litigation and environmental laws. As per the United Nations Framework Convention on Climate Change (UNFCC) the human activities is the substantial cause for increasing of Greenhouse gases in the atmosphere which would results in additional warming of the earth‘s surface and the atmosphere and also may adversely affect the natural eco system and human kind. Article 2 of the UNFCCC defines climate change as, a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods. Changes in the physical environment or biota resulting from climate change which have significant deleterious effects on the composition, resilience or productivity of natural and managed ecosystems or on the operation of socio-economic systems or on human health and welfare are the effects of climate change. As a matter of fact climate change is the direct result of global warming and the emission of greenhouse gases to the atmosphere has escalated the earth‘s temperature level. The Resolution adopted by the General Assembly which includes 2030 Agenda for Sustainable Development urges States to take urgent action to combat climate. UNFCC, Kyoto Protocol and Paris Agreement constitute the international legal regime that deals with climate change. These were the results of entering into international consensus in the aim of reducing the greenhouse emission and thereby to effectively handle the climate change impacts. The objective of the paper is centered on the appraisal of the international and national legal framework that have been enacted to curb the climate change. To this end the research paper employs a qualitative methodology. Conventions, Resolutions adopted by the United Nations, legislations such as National Environment Act, Fauna and Flora Act, Coastal Conservation Act etc , policies and regulations, case laws from foreign jurisdiction are utilized as primary sources and the scholarly articles, journals, peer reviewed articles are utilized as secondary sources. The findings of the paper emphasizes that the synergy between the international and national legislations should be strengthen if the legislature is to find prolific solutions to this complex issue. Finally the paper concludes that it must be taken into consideration that if all States are to combat this unprecedented crisis, no instrument can be ignored.
 Keywords: Climate change, Climate litigation, Environment, Global warming, Sustainable development
 
 

A review of shark conservation and management legal frameworks in the Philippines

The prevention, deterrence, and elimination of IUU fishing is a key component of promoting the sustainable management of fisheries resources. Because of this, the international legal framework to address IUU fishing justifiably lies within the scope of the international framework for sustainable fisheries as a whole. The modern international legal and policy framework regulating fisheries can be divided into two categories: legally binding multilateral agreements and non-binding instruments, or so-called soft law instruments. The WTO has not adopted a separate agreement with specific rules on fisheries matters. Fisheries remains covered by General Agreement on Tariffs and Trade (GATT) 1994, as well as specific agreements such as the Agreements on Technical Barriers to Trade, Sanitary and Phytosanitary Measures, Pre-shipment Inspection, Rules of Origin, Import Licensing Procedures, and Subsidies and Countervailing Measures. Fishing vessel safety has been a matter of concern for the International Maritime Organization (IMO).Keywords: international legal framework; IUU fishing; legally binding multilateral agreements; maritime safety; non-binding instruments; trade related agreements

Female genital mutilation and cutting (FGM and C) is a development issue and a form of violence against women and girls that affects at least 200 million women in the world. FGM and C is a harmful practice proven to impact the physical and mental health of affected women and girls from the moment of the cutting, with prolonged and irreversible consequences during their entire lives. Studies show that FGM and C has economic and social consequences and a high obstetric cost although a comprehensive study on the exact extent of these economic, health, and social costs is still to be carried out. Beyond the data and the statistics, researcher have shown that FGM and C deprives women of sexual satisfaction, sexual health, and psychophysical wellbeing. The compendium of international and national legal frameworks on female genital mutilation was prepared to contribute to this urgent and important development debate with the understanding that the knowledge of the law is an important empowerment tool to end FGM and C. It provides a survey of the key international and regional instruments as well as domestic legislation as they relate to the prohibition of FGM and C.

The issue of uncontrollable children is no longer peculiar in the present days. Uncontrollable children can be found in almost every country across the globe. Although this issue is no longer novel, uncontrollable children are being defined and treated differently in different jurisdictions. On this note, numerous international legal instruments have been adopted to protect the welfare of all children which includes the protection on the uncontrollable children. This article aims to comparatively analyse the available provisions extracted from international legal instruments that form part of the international legal framework on uncontrollable children with the Malaysian legal framework regarding uncontrollable children to analyse the consistency between the former and the latter legal frameworks. The preliminary finding from this article is that the legal framework on uncontrollable children in the Child Act 2001 has substantially incorporated the proper treatment which is required by the international legal framework and is consistent with the international legal framework. This can be seen in particular following the disintegration of the treatment on uncontrollable children and juvenile offenders as well as the prioritisation of family-based care subsequent to the 2016 amendment of the Child Act 2001. This development to carry out reform process is commendable in the aspect of children’s rights and consistent with the aspiration of the international legal framework in preserving the best interest of the child which includes uncontrollable children. In reaching this finding, content analysis was carried out pertaining to the provisions of the international and Malaysian legal frameworks on the treatment of uncontrollable children which suggests that the Malaysian government has been taking some significant efforts to incorporate the international standards within its domestic law.

Much has already been written on this most recent EVD outbreak—evaluating and dissecting the contributions and failings of the various role-players involved, and considering what can be done differently in future. This article will contribute to this important and ongoing debate and will specifically focus on the international, operational, and national legal frameworks in terms of which large-scale health crises like that of Ebola play out. It will be argued that the very culture and architecture of this transnational legal and operational framework for public health emergencies is isolated from the national realities in which it operates and merely offers a hierarchical authority of what legally ought to be done, with little regard to what is actually necessary and possible on the ground. In considering the most recent Ebola outbreak, and juxtaposing it with the Severe Acute Respiratory Syndrome (“SARS”) outbreak of 2003, it will be shown that a more nuanced transnational legal understanding of public health emergencies is indeed needed—a holistic approach that goes beyond biomedical/scientific and legalistic confines in dealing with disease outbreak and control. It is again important to emphasise here, for the sake of clarity, that this article is exclusively focused on the transnational legal and operational framework in which public health emergencies play out. International humanitarian responses, general public health considerations, as well as other national systemic considerations—like those relating to health systems—although important, will not be considered here. A brief interlude on the methodology of this article also deserves a place here. As already indicated above, much literature exists on the Ebola outbreak, and with the attention now shifting to the Zika virus, it is important to further distinguish the contribution of this article. This article utilises a primarily transdisciplinary lens in narrating the rise and fall of two notable epidemics of the modern world. A variety of sources, from different disciplines and bases, are used in presenting an easily accessible text that recounts key themes of both epidemics—highlighting similarities and differences, and raising important questions for the future. As with most narrative research methodologies, reliance is also placed on newspaper articles in constructing an account of how the two epidemics played out, each in its own particular time and space. The disease narrative ultimately presented in this article, therefore simultaneously serve as a chronicle of the two epidemics, while also reflecting why a more nuanced transnational legal understanding of public health emergencies is indeed needed. To facilitate this discussion and analysis, the content of this article is divided into four parts. First, in Part II, the lifecycle of two epidemics will be considered, Ebola, and the 2003 SARS outbreak. Considering these two outbreaks and the international legal responses thereto provides a valuable lens through which the multiple layers of disease outbreaks and control from the past to the present can be observed. In Part III, this paper provides an overview of the international legal and operational framework for public health emergencies, confined to references and examples from the two outbreaks selected for and discussed in Part II. Part IV considers the national legal responses of those countries most affected by the recent Ebola outbreak and the 2003 SARS outbreak. Part V discusses the question of whether to quarantine or not. Part VI discusses lessons to be learned, and why knowledge production beyond disciplinary confines is necessary. And finally, Part VII of this article concludes with a critical analysis of two observed failings of the current international legal and operational framework for public health emergencies. In considering the shortcomings of the current framework it will be argued that a more holistic approach to disease control is required that looks beyond disciplinary confines.

Force displacement is a daunting challenge facing the international community as a result of armed conflicts, insurgency and communal tension. In the same vein, Nigeria has been experiencing the problem of internal displacement as a result of the Boko Haram insurgency. More than two million Nigerians have been internally displaced as a result of Boko Haram insurgency that has been bedeviling the country since 2009. Internally displaced persons differ from refugees, though they have similar characteristics. The sources of displacement of refugees and IDPs may be the same and requires equal treatment. However, IDPs have been excluded under the protection of international refugee law. This is because IDPs do not cross international borders and therefore they should be under the protection of their national governments. Sometimes the national authorities are behind the reasons for their displacement or unable to protect them. This is one of the reasons IDPs have been experiencing neglect and inadequate protection. Accordingly, Nigerian IDPs have not been adequately protected, as there is no national or international legal frameworks that are directly addressed the plight of Nigerian IDPs. Therefore, the aim of this paper is to critically assess the efficacy of the domestic and international legal frameworks on internal displacement in Nigeria. The study has adopted the use of secondary data extracted from the journals, articles, books, magazines, newspapers and reports. It employs descriptive method of data analysis. The finding is that Nigerian policy on IDPs is not effective as it has not been domesticated or implemented.

The development and use of atomic energy represent one of the greatest achievements of the 20th century, opening new possibilities for global evolution. The United Nations (UN) has formulated the «Millennium Development Goals» and the «Sustainable Development Goals by 2030» to address comprehensive solutions to the social, economic, and environmental challenges facing the planet. In this context, nuclear energy offers unparalleled advantages, but it is essential to consider the risks and challenges associated with its future use and development. Nuclear law serves as a valuable tool for regulating the development of nuclear energy and overcoming these risks and challenges. All countries must strictly fulfill their international obligations, responsibly implement international legal instructions at the national level, and collectively support the international regime and legal framework organized around the United Nations. This, in turn, contributes to the achievement of the shared goal of «atoms for peace and development». The international legal framework on nuclear issues emerged alongside the development of nuclear energy worldwide. It evolves as social, economic, scientific, and technical challenges associated with this development are addressed, thereby contributing to the safe, secure, and sustainable development of peaceful nuclear energy use. The IAEA and the international community have established an almost universal regime of safeguards aimed at detecting and preventing the diversion of nuclear materials from peaceful nuclear activities to the production of nuclear weapons. Based on the results of the conducted research, it has been established that each country not only has the right to use nuclear energy for peaceful purposes but also bears the responsibility and obligation to prevent the proliferation of nuclear weapons and to support nuclear safety and security. All countries should conscientiously fulfill their obligations in accordance with the international legal framework on nuclear safety, fully implement relevant resolutions of the United Nations Security Council, strengthen and expand the existing international legal framework on nuclear safety, and provide institutional guarantees, adhering to universally defined guiding principles for managing international nuclear safety.

Despite international legal frameworks designed to protect them, the Rohingya refugees in Bangladesh face a critical situation characterized by a severe lack of legal status and inadequate humanitarian aid. This research uses a qualitative approach to examine the gap between these international laws and their actual implementation, focusing specifically on the Rohingya crisis. The study identifies significant deficiencies in the application of international refugee law, particularly the failure to grant the Rohingya adequate legal recognition, which has led to systemic denial of basic human rights such as education, healthcare, and legal protection. The findings highlight the limitations of both international and national legal frameworks in addressing the statelessness of the Rohingya, exacerbating their vulnerability. This research concludes with strategic recommendations for reforming legal frameworks at both international and national levels to enhance the protection mechanisms for the Rohingya and similar vulnerable groups.