Development Of Jurisprudence Research Articles

THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS, ITS REGIONAL SYSTEM, AND THE ROLE OF CIVIL SOCIETY IN THE FIRST THREE DECADES: CALIBRATING THE “PAPER TIGER”

Neither has any other human-rights treaty received as much vitriolic bashing as the African Charter on Human and Peoples’ Rights (African Charter), 1981, nor has there been a dearth of negativity about the treaty as a human-rights instrument. Such is the spate of pessimism about the African Charter and its system that it has repeatedly been referred to as “a paper tiger”, among other undignified labels. Beyond the endless lampooning of the treaty and its system as mere platitudes, have there been no opportunities for the civil society to strengthen the promise of this treaty and its system. To what extent has the civil society exploited such opportunities? Can there be a reconceptualization of the roles and attitudes of civil society that will galvanize the African regional human-rights system towards a veritable mechanism for more effective human rights protection? This article examines the contributions of civil society to the evolutionary processes, successes, and perceived weaknesses of the African regional human-rights system since 1981. Extrapolating from some landmark institutional, normative and jurisprudential developments within the African regional arrangement, this article identifies civil society as an inevitable, integral bearer of credit for the successes, and blame for the shortcomings of the aforementioned system. The overarching objective here is to canvass for a repositioning of civil society towards more effective praxis, and, to identify the trajectories for such engagement.

Why Is Aboriginal Title Property if It Looks Like Sovereignty?

According to the Supreme Court of Canada, Aboriginal title is a property right, albeit of a distinctive kind. Most significantly, the right is subject to an inherent limit: title lands cannot be used in a way that deprives present and future generations of the right to use the land. Aboriginal title is also encumbered by a restraint on alienation, and has its source in Aboriginal legal systems that predate and survive the assertion of Crown sovereignty. In this paper, we argue that these features of Aboriginal title are not burdensome judicial innovations on a property right, but are instead the essential contours of a sovereign right. That is, the Court’s own description of Aboriginal title does not comport with sound theoretical understandings of a property right. Aboriginal title is much more akin to a right of sovereignty—the right to make laws about the use of a territory. Aboriginal title is the right of law-making jurisdiction over the title lands. The existing literature, while edging towards the view that Aboriginal title is a sovereign right, has lacked the unifying theoretical basis needed to decisively dispatch the Court’s property paradigm. In particular, all extant accounts find the inherent limit inexplicable. The account in this article theorizes and explains the inherent limit, as well as all of the sui generis elements of Aboriginal title, and shows their interconnectedness. Our view additionally answers a number of questions that the Court’s property paradigm does not, including: (1) what laws primarily govern title lands; (2) who has standing to question whether any particular use of title land violates the inherent limit; (3) what is the status of private land interests that overlap with Aboriginal title lands; and (4) how should the doctrine of Aboriginal title be updated in light of jurisprudential developments emphasizing that Indigenous peoples never ceded their sovereignty?

Brazilian forest code: Advances and setbacks

In a scenario of expansion of agricultural frontiers, based on the production of grain and other commodities, Brazil today lives in a privileged position when it comes to the production and productivity of various agricultural crops and livestock. However we can see that developments in the legislative system often do not keep pace with anthropic action, which makes the degradation of the natural environment potentially disturbing. The evolution in jurisprudence has to occur concisely and quickly based on landscape parameters, and from the perspective of the technique, with a holistic behavior focused on the actions of preservation and conservation of natural resources. Forests are indispensable systems in the process of 'water generation', contributing significantly to the dynamics of the hydrological cycle, a complex and fundamental mechanism for the maintenance and regulation of life on earth. In this sense, the objective of this article is to explain some environmental, technical and legislative aspects related to the Forest Codes that were in force in Brazil, analyzing its historical relevance, flaws and finally major changes. Its preparation was based on articles, books and materials available online from the available knowledge bases. A broad revision was carried out including the Magna Carta in addition to the laws that deal with the Brazilian Forest Code, in its three versions of 1934, 1965 and 2012. As articulated considerations it can be verified that despite the evolution in the form of proposition of the current law, some modifications still need to be made, considering that the current Forest Code contains residual political and economic sequelae that neglect the socio-environmental character, and that even after the adoption of its latest version, severe damage is still being caused to the natural environment, which requires greater commitment from regulators to enforce legislation

On Implementation of Intersectionality in Prosecuting and Adjudicating Mass Atrocities by the International Criminal Court

This article examines the relevant case law of the International Criminal Court (ICC or Court) in order to assess the actual scope, confines and prospects of taking ‘intersectionality’ perspective in the Court’s prosecution and adjudication of mass atrocities involving discriminatory targeting. While the ICC Prosecutor and judges traditionally resorted to uni-sectional analysis in considering such atrocities, some of the Court’s more recent jurisprudence subsequent to the adoption of the ICC Prosecutor’s Policy Papers on Sexual and Gender-Based Crimes (2014) and on Children (2016) seems to be indicative of a more intersectionality-friendly approach to prosecuting and adjudicating international crimes against different protected groups and their members. In addition to the two Prosecutor’s policy documents - both of which explicitly address the interplay between phenomena of interesectional discrimination and mass crimes in the work of the ICC Prosecutor - the Al Hassan confirmation decision, CARII decisions and Ntaganda reparations order appear to betoken similarly positive developments towards pursuing more intersectional approach in the ICC case law. A critical and chronological assessment of the Court’s intersectionality jurisprudence, however, suggests that it may be too early to say that these recent developments in ICC case law are to be seen as an indication of an emerging trend to give greater and more conscious consideration to the intersectionality phenomena in its rulings. They may just as well simply represent occasional lucid moments in the Court’s reasoning and pronouncement on this complex issue. It is accordingly proposed that the ICC should take intersectionality more seriously in both prosecution and adjudication of international crimes that involve multiple and intersecting forms of discrimination. Having discussed what that might have looked like in some of the earlier ICC case law, the article turns to consider the prospects and space for the ICC to actually implement intersectionality in its future jurisprudence. It looks at potential practical implications of the proposed jurisprudential developments for the Court and for the field of international criminal justice more generally. Finally, the article also reflects on the eventual pitfalls and challenges that such a regular and consistent intersectionality-driven interpretation and application of international criminal law may present for the Court.

On Implementation of Intersectionality in Prosecuting and Adjudicating Mass Atrocities by the International Criminal Court

Abstract This article examines the relevant case law of the International Criminal Court (hereafter icc or Court) in order to assess the actual scope, confines and prospects of taking ‘intersectionality’ perspective in the Court’s prosecution and adjudication of mass atrocities involving discriminatory targeting. While the icc Prosecutor and judges traditionally resorted to uni-sectional analysis in considering such atrocities, some of the Court’s more recent jurisprudence subsequent to the adoption of the icc Prosecutor’s Policy Papers on Sexual and Gender-Based Crimes (2014) and on Children (2016) seems to be indicative of a more intersectionality-friendly approach to prosecuting and adjudicating international crimes against different protected groups and their members. In addition to the two Prosecutor’s policy documents—both of which explicitly address the interplay between phenomena of interesectional discrimination and mass crimes in the work of the icc Prosecutor—the Al Hassan confirmation decision, carii decisions and Ntaganda reparations order appear to betoken similarly positive developments towards pursuing more intersectional approach in the icc case law. A critical and chronological assessment of the Court’s intersectionality jurisprudence, however, suggests that it may be too early to say that these recent developments in icc case law are to be seen as an indication of an emerging trend to give greater and more conscious consideration to the intersectionality phenomena in its rulings. They may just as well simply represent occasional lucid moments in the Court’s reasoning and pronouncement on this complex issue. It is accordingly proposed that the icc should take intersectionality more seriously in both prosecution and adjudication of international crimes that involve multiple and intersecting forms of discrimination. Having discussed what that might have looked like in some of the earlier icc case law, the article turns to consider the prospects and space for the icc to actually implement intersectionality in its future jurisprudence. It looks at potential practical implications of the proposed jurisprudential developments for the Court and for the field of international criminal justice more generally. Finally, the article also reflects on the eventual pitfalls and challenges that such a regular and consistent intersectionality-driven interpretation and application of international criminal law may present for the Court.

История юридических наук в Республике Татарстан в последнее столетие

The history of jurisprudence in Tatarstan is associated mainly with the Kazan University. In 1920–1952, the foundations of legal education and legal science are created in Tatarstan. New legal educational institutions appear and undergo reorganization or liquidation. The article examines the history of legal educational institutions of the republic, presents Kazan law schools in various branches of law, the most famous legal scholars of the republic who have made a significant contribution to the development of jurisprudence both in Tatarstan and in the Russian Federation. The author reveals the multifacted process of establishing legal science in the region in the scope of the social-political situation in the country.

The 2018 Australian High Court Constitutional Term: Placing the Court in Its Inter-Institutional Context

Drawing on the scholarly commentariat tradition now practised across the world, this article provides an overview and analysis of the 2018 Australian High Court’s constitutional term. However, this article approaches this task through a slightly different lens: I consider the 2018 developments by reference to their inter-institutional context. That is, how the High Court’s jurisdictional and doctrinal developments do and should impact the jurisdiction and behaviour of the other branches of government, and in the context of constitutional judicial review, particularly the Australian parliaments. In the article, I consider the High Court’s 2018 constitutional jurisprudence in three areas of law, and how its decisions have and should impact the constitutional responsibilities and practice of parliaments. Placing the High Court’s term in this inter-institutional context will give a better sense of the reach of the impact of the Court’s jurisprudential developments, as well as serve as a reminder that constitutional responsibility will not always lie with the courts for the articulation and prioritisation of constitutional principle.

الترجيح بالمصلحة وأثره في فتاوى الزکاة المعاصرة دراسة فقهية مقارنة

الترجيح بالمصلحة وأثره في فتاوى الزکاة المعاصرة دراسة فقهية مقارنة محمود محمد بهجت عبد الرحمن محمد قسم الشريعة الإسلامية، کلية دار العلوم، جامعة المنيا، المنيا، مصر. البريد الالکترونى: mahmoudmbahgat@mu.edu.eg ملخص البحث: فالمصلحة مصطلح مشهور في المعجم الفقهي المستخدم لدي الفقهاء والأصوليين، فکتب الفقهاء وعلماء الأصول زاخرة بلفظ المصلحة تعريفا ، وتحديدا، وبيانا للأثر المترتب عليها. غير أن ما ينبغي الإشارة إليه في نظر الباحث هو بيان أثر مصطلح المصلحة في المستجدات الفقهية المعاصرة. فرعاية المصلحة أضحت رکن لا يمکن إنکار أثره في العديد من قضايا النوازل المعاصرة، إذ إن کثيرا من فتاوى المفتين تبنى على المصلحة، سواء أکانت المصلحة هي سنده ومقصده الأساسي في بناء الحکم الفقهي، أم عاملا مؤثرا من عوامل أخر. ويهدف هذا البحث إلي بيان دور المؤسسات الشرعية في تکييف قضايا النوازل المستجدة في فقه الزکاة ارتکازا إلي ما تقتضيه المصلحة، وبما يرجع نفعه على المجتمع ، وبيان الرأي الراجح في هذه النوازل . وسوف أقوم بإتباع المنهج الاستقرائي التحليلي المقارن من خلال استقراء فتاوى الهيئات الفقهية، وسأقتصر في ذلک على فتاوى دار الإفتاء المصرية، والمجمع الفقهي باعتبارهما مؤسستين ذات مرجعية فقهية وسطية مجمع على آرائهما لدي جموع المسلمين. وأخيرا يمکننا القول بأن الهيئات الفقهية التزمت منهجا وسطيا لاعتماد الفتوي، وقامت باعتماد الترجيح بالمصلحة أصلا أصيلا من ضمن هذا المنهج، حيث أنها تستأنس بآراء الفقهاء، وترجح قوة ما يقتضي ترجيحه لشدة الحاجة إليه، أو لمصلحة الناس في فتاوي الزکاة وفي کثير من القضايا کجواز إخراج الزکاة علي المستشفيات والمشاريع الخيرية وغيرها من القضايا. الکلمات المفتاحية: النظر المصلحي- المصلحة- الترجيح- الزکاة المعاصرة - مستجدات الزکاة . Page BreakInterest Outweighing Other Considerations and its Effect on Contemporary Fatwas of Zakat: A Comparative Juristic Study Mahmoud Mohammed Bahgat Abd Elrahman. Jurisprudence Deoartment, Faculty of Dar Al Uloom, Cairo University, Cairo, Egypt.‏ Abstract: Maslaha is a well-known term in the fiqhi lexicon used by the jurists and fundamentalists, so the books of jurists and scholars of origins are rich in the term “interest” in definition, specificity and an explanation of the impact thereof. However, what should be indicated in the researcher's view is an explanation of the effect of the term (interest) on contemporary jurisprudential developments. Taking care of interest has become an undeniable pillar whose impact on many contemporary issues of conflict, as many of the fatwas of the muftis are based on interest, whether the interest is his support and his primary purpose in building jurisprudential judgment, or an influential factor among other factors. Zakat is an essential pillar of our true religion. It brings the servant closer to his Lord, and it is one of the paths of piety. And since the jurisprudential institutions fulfill their original and supreme duty to explain the jurisprudential rulings, these contemporary bodies and scholars have issued fatwas on issues related to Zakat. Therefore, I thought that in this research I would collect fatwas based on the implementation of interest in contemporary fatwas on Zakat and compare them with the sayings of the jurists Keywords: Reformed consideration , interest , weighting ,contemporary zakat, developments in zakat.

The Judiciary and Sustainable Development: Perspectives of a Brazilian Federal Judge

The approval of 17 goals and 169 targets for sustainable development by the United Nations Conference on Post-2015 Development Agenda is unquestionably an advancement for humanity. Economic development alone is however unsatisfactory: it must be paired with human development, respect for the environment and sound governance. Drawing from litigation and jurisprudential development from the Brazilian judiciary, this short legal commentary evaluates the role of the judiciary in promoting sustainable development, especially the attainment of the United Nations Sustainable Development Goals (SDGs).

The Hague Child Abduction Convention and Re-relocation Disputes

Abstract It is widely recognized that the 1980 Hague Convention on the Civil Aspects of International Child Abduction ('the Convention') is invoked in types of cases which were not envisioned by the drafters and which might not naturally be classified as abduction cases. This article provides detailed consideration of one such type of case, which will be referred to as "re-relocation disputes." Such disputes arise when, following a temporary/ conditional move or a recent permanent move to a 'new' country, one parent wishes to return to the 'base' country', while the other insists on staying in the new country. The purpose of this article is to consider the impact and policy implications of using the Convention's mandatory return mechanism to resolve these disputes. Reframing these situations as re-relocation disputes facilitates analysis of the phenomenon from a broader perspective, including consideration of tools designed to create certainty and to produce result consistent with policy objectives. This discussion is particularly timely in the light of global jurisprudential developments over the last few years in relation to the test for determining the child's habitual residence and the implications of the recent decision of the English Court of Appeal in the case of Re NY[2019]UKSC 49 for consensual removals or retentions.

Comunidades rurales, subsistencia y cadena láctea popular en Colombia

Las comunidades rurales y el campo colombiano son pilares fundamentales para el desarrollo del país. No obstante se requieren políticas y normativa que consulten con sus modos de producción y relacionamiento con el entorno rural para que posibiliten una mejora en sus condiciones de vida y satisfacción de sus necesidades básicas. Este artículo de investigación describe el marco de protección a las comunidades rurales y a la cadena láctea popular como una forma de subsistencia en el campo. A partir de la revisión de literatura especializada, jurisprudencia y normatividad, se describe el concepto comunidad rural y el desarrollo jurisprudencial de la Corte Constitucional sobre la protección a la subsistencia de las familias rurales en Colombia. Se concluye que es importante un marco normativo que posibilite la vida digna de los habitantes del campo colombiano, a partir de la preservación de modos particulares de producción agropecuaria como lo es la cadena láctea popular.

Religious tolerance in multifaith democracies: a comparative legal study of Indonesia and India

This exploratory research Article, based on secondary sources, undertakes a comparative legal study of the Constitutional and statutory provisions as well as recent jurisprudential developments in India and Indonesia for the promotion of religious tolerance in the two diverse, multifaith democracies with a history of social conflict and highly contested religious politics. By adopting the functional method for the comparative legal analysis of the two jurisdictions from Civil Law (Indonesia) and Common Law (India) traditions, the implemental convergence and functional equivalence of the penal laws for preventing communalism and promoting inclusivity and religious amity among the different religious communities in the two States has been elucidated. At the same time, the conceptual and doctrinal differences in jurisprudential understanding of the content, extent, and mechanism for preserving inter-faith amity in the two jurisdictions have been posited to be the result of the divergences in the post-colonial historical trajectories of the two States

Balancing Socio-economic Rights: Confronting COVID-19 in South Africa’s Informal Urban Settlements

ABSTRACT In the context of a stand-off between housing rights advocates and the South African government over the appropriate way to safeguard the right to health in the country’s urban informal settlements during the early days of the COVID-19 pandemic, this article reflects on some of the strengths and weaknesses of the local understanding of human rights. It argues for a holistic understanding of interdependent rights that allows for a reconciliation of seemingly competing concerns, for renewed engagement with rights’ positive and participatory dimensions, and for the cross-fertilisation of concepts and mechanisms associated with their separable jurisprudential development.

Features of ancient Roman jurisprudence of the classical period and its place in the history of the state of Ancient Rome

The article is devoted to the study of Roman jurisprudence during its heyday. Scientific novelty is expressed in the analysis of legal innovations that were developed by such lawyers of this period as (Gaius (II century BC), Papinian (II–III centuries), Paul (II–III centuries), Ulpian (II–III century) аnd Modestin (II–III centuries). Despite the great importance of the works of these jurists, their study does not differ significantly from a number of studies. The article points to the continuity in the history of Roman jurisprudence, which is manifested in the gradual registration of jurisprudence in a separate field, which has its own needs and requirements for the activities of jurists, their training and more. Historical and legal analysis of the activities of these lawyers indicates a certain evolution of jurisprudence from the rigid traditional system of queer law to a more mobile system of civil law, which was adapted to the new socio-economic and political conditions of ancient Rome. Jurisprudence gradually in the conditions of imperial Rome is made out in separate legal institute that provides not only consultations on these or those transactions, but also legal protection. The authors draw attention to the fact that the activity of lawyers was the defining stage that laid the foundations for further transformation of the legal system, its reception in some Western European countries of subsequent historical epochs.

DISCRIMINATION. NEW CHALLENGES REGARDING HEALTH PROTECTION

The fight against discrimination is a general issue of the essence of the international institutions involved in the protection of human rights, democracy and the rule of law. This paper examines the application of the principles of discrimination, in scope to a better understanding of the fundamental concepts and the method of apply the control mechanisms. The main objective is reported to identify the international and national regulations on non-discrimination, as well as jurisprudential developments. The purpose of the research is related to highlighting the importance of recognizing the principle of non-discrimination in labor relations, in the event of the Covid pandemic, by analysing the role of state institutions, as well as the evolution of jurisprudential developments and the ways to combat discrimination.

Treatment of Disputed Claims in Corporate Insolvency: Evolving Jurisprudence

The introduction of the Insolvency and Bankruptcy Code, 2016 (IBC) in India as a consolidation of insolvency and bankruptcy laws has come with its challenges that have found resolution through judicial pronouncement, regulatory clarification or legislative intervention. One of the key issues in relation to process of corporate insolvency resolution has been in relation to claims against a corporate debtor and when such claims should be made – timing, validity and admission. Here, the role of the debtor, creditor and the insolvency administrator (the insolvency professional) become a subject matter of immediate discussion. In this paper, the authors seek to address the questions surrounding treatment of claims in insolvency resolution and offer next steps while tracing the jurisprudential development related to claims made in corporate insolvency under the IBC.

The Strange Career of the Three-Judge District Court: Federalism and Civil Rights, 1954-1976

The three-judge district court has had a long and strange career in the history of the federal court system. Congress created the court in 1910 as a response to the canonical decision of Ex parte Young two years earlier, which permitted federal court suits against state officials to facilitate constitutional challenges to state laws. The three-judge court statute was a reaction by Progressive Era politicians to such perceived judicial overreach, and required any such challenges to be brought before a specially convened trial court of three judges, with a direct appeal to the Supreme Court available. First established as a presumed limit on judicial activism, decades later plaintiffs in the Civil Rights Era came to see the court as advancing their agenda. Particularly in the South, some plaintiffs preferred to have their suits decided by three judges rather than the usual one, with a direct appeal available to a relatively friendly Warren Court. For that and other reasons, the total number of such cases in the district courts, and direct appeals to the Supreme Court, swelled in the 1960s and 1970s. But at the same time the court came to be seen by many as administratively burdensome and unnecessary, and Congress in 1976 severely restricted the jurisdiction of the court, limiting it to hearing only reapportionment cases. Analysis of the three-judge district court has so far largely relied on anecdotal evidence, and limited empirical studies, to examine whether some plaintiffs in the Civil Rights Era were correct to consider the court as friendly to their interests, as compared to a typical single district judge with the normal appeal process. This article breaks new ground and extends those studies by systematically reexamining these assumptions through a unique, nationwide database of 885 three-judge district court decisions, regarding constitutional challenges to state laws, handed down from 1954 (the start of the Warren Court) to 1976 (when Congress limited the Court’s jurisdiction). The study provides greater and more complete information on the number, types and results of cases litigated in the court, as well as on the dispositions of appeals to the Supreme Court. Among our findings are that such court decisions were disproportionately in favor of plaintiffs, both in and outside the South, and that there was a high rate of appeal to the Supreme Court. We then consider how the decisions of the three-judge court, and its direct appeal mechanism, affected jurisprudential developments in several areas of civil rights litigation, including reapportionment and judicial abstention. We also address how these decisions impact the Judicial Capacity model, which posits that the sheer number of cases that come to the Court for review affects doctrinal developments. The study situates the three-judge district court in a richer historical context, and sheds light on the continued use of the court in more limited contexts to the present day.

La responsabilidad del Estado colombiano frente a la emergencia carcelaria y penitenciaria por la COVID-19

En este artículo se analizan los criterios que deben considerarse para evaluar la responsabilidad del Estado colombiano por las afectaciones que sufran, derivadas de la COVID-19, las personas privadas de la libertad (PPL). Así, en primer lugar, se estudia la emergencia sanitaria generada por la COVID-19 y sus efectos en el sistema punitivo colombiano. En segundo lugar, se describe la respuesta de las instituciones estatales en el marco del estado de cosas inconstitucional declarado por la Corte Constitucional. En tercer lugar, se analizan los principales desarrollos jurisprudenciales que, en materia contencioso administrativa, se han identificado en torno a la violación de los derechos de las PPL por causas imputables al Estado. Finalmente, se esbozan algunas conclusiones en torno a la posibilidad o no de adoptar criterios flexibles que permitan evaluar la responsabilidad del Estado colombiano frente a una situación inédita en la historia reciente.

Modern Corporate Insolvency Regime in India: A Review

Insolvency and Bankruptcy Code (IBC), Corporate Insolvency Resolution Process (CIRP) in particular, has emerged as one of the most successful regulations in India for a number of reasons and this paper would explore these very reasons and present the major factors which contributed towards success of the Code so far. Paulo Coelho’s statement, “when you want something, all the universe conspires in helping you to achieve it”, seems to be fitting right for IBC. Beginning with the constitution of the Expert Committee on the subject in August 2014, in 6 years, a great transformation has happened in the law, policy and practice in dealing with financial distress. The reference points have changed to an extent that a default in payment of debt which was considered routine before IBC is now a major concern for enterprises. It has contributed towards evolving a ‘culture of compliance’, which is termed as the ‘modern corporate insolvency regime’. The regime witnesses a change from ‘debtor-in-possession’ to ‘creditor-in-possession’, clarity on the concept of ‘default’, concept of financial creditor, and a predictable framework of timely, efficient and fair resolution is the hallmark of the modern regime. The institutional pillars under the Code make the process of CIRP smooth, handled by professionals trained to handle stressed assets as a going concern. A regulator with a difference facilitates creation of an ecosystem to further the objectives of the Code. This paper would briefly trace the development of the modern corporate insolvency regime in India, elaborate the functioning of the institutional pillars and analyze some of the major jurisprudential developments. At the end, some major areas which requires further progress or the unfinished agenda will be brought forward. Paper intends to provide a general overview of the modern corporate insolvency regime in India.

IP Regulation in South Africa – Evolution, Current Status and comparison with SADC region countries

Este artículo revisa y analiza de manera crítica el desarrollo de las regulaciones de propiedad intelectual relacionadas con patentes de productos farmacéuticos en Sudáfrica con un enfoque particular en los casos clave que han dado forma a la evolución y al estado actual del ecosistema de propiedad intelectual en patentes en Sudáfrica. En el documento se encontrará una evaluación técnico-jurídica pero también una narración sociopolítica de las circunstancias, posiciones políticas y avances jurisprudenciales clave que han dado forma a la respuesta de Sudáfrica frente a los grandes retos en materia de enfermedades comunicables y de salud pública, en especial de VIH- sida que ha debido enfrentar en las últimas décadas. Un breve recuento de las regulaciones y prácticas en los países de la región SADC ha sido incluido como ejercicio comparativo examinando la legislación y los procedimientos adelantados. Adicionalmente, se ha agregado la necesaria mención de India, ya que además de ser uno de los principales proveedores de medicamentos patentados y genéricos, ha sido un referente para la evolución legislativa y jurisprudencial de la región.