This inquiry was prompted by the resurgence of the phenomenon of coups in Africa in the recent past. The most recent wave of coups has brought the phenomenon under the scrutiny of continental and international bodies. Unlike in the first three decades after independence, which were characterized by inaction and indifference in the face of coups, in recent times African leaders are determined to stem the tide of coups through an unprecedented set of continental and sub-regional norms and collective action. The mini-thesis analyses traditional, and modern security paradigms, as well as comparative politics in order to understand and situate African coups. It argues that the African coup oscillates between the realist, organizational and praetorian paradigms of civil-military relations. Unlike its predecessor, the moribund Organisaton of African Unity (OAU), the African Union (AU) through normative instruments has demonstrated greater enthusiasm not only in reversing the coup tide, but more fundamentally in entrenching a culture of democracy and good governance. Its pronouncements and active engagement in coup-affected countries have been consistent, unambiguous and forthright. In conclusion, the mini-thesis identifies and assesses a myriad of factors at state and regional levels, as well the interests of foreign actors which have over the years conspired to limit the ability of continental bodies to deal effectively with unconstitutional changes of government. These factors, which are largely located at state level, at the core of which is the nature and form of the African state, need to be addressed first in order to rid the continent of the coup contagion. / Dissertation (MDiplomatic Studies)--University of Pretoria, 2010. / Political Sciences / unrestricted

Displacements caused by climate-related events have been on the rise throughout the last decades. The effects of climate change in displacement of people is still a field in construction. The people displaced due to the environment were first denominated as "climate refugees" or "environmental refugees". This thesis aims to examine the protection of the so-called "climate refugee" under international law. The main issue of the thesis relies on the fact that there is no general agreement on the refugee status of the "climate refugees". The refugee regime has the 1951 Convention as its cornerstone, and as such, the analysis of the Convention is crucial to comprehend who can be a refugee. The 1951 Convention is not the only legal instrument in the refugee regime. There are other legal documents capable of guaranteeing protection for refugees. This thesis discusses two other relevant legal instruments dealing with refugee protection: the OAU Convention and the Cartagena Declaration. It analyzes the refugee definitions and the main features of these specific documents. The three documents will be used to establish what sort of protection the "climate refugees" are entitled to under international law. The thesis will use two judicial decisions to evaluate the hypothesis of "climate refugee" being...

Africa has for a long time been embattled by differing acts of terrorism, with divergent manifestations such as suicide bombing, killings and hijacking. Accordingly, the Organisation of African Unity and subsequently the African Union took up the responsibility of developing strategies to counter the menacing trend of terrorism on the continent. To this end, several counter terrorism interventions were created. The first of Africa's interventions was developed as early as 1992, when the Organisation of African Unity (OAU) member states adopted a Resolution to strengthen cooperation and coordination among African states against different manifestations of extremism. Although, there is abundance of scholarly literature on the subject of understanding of terrorism and its human rights implications and also on the impact of terrorism on political pluralism, there is a dearth of scholarly writings on the activities of the African Union in relation to terrorism in Africa, particularly on whether the Union is responding positively to its counter terrorism agenda. Yet, the role of the African Union in this regard on the continent cannot be over emphasised. This study is therefore carried out to scrutinise the counter terrorism agenda of the African Union and explore its counter terrorism activities from inception till date. In ascertaining the necessity for the African Union to develop ways to adequately implement its counter terrorism agenda, the study carries out an assessment of the agenda and established its link with the United Nations counter terrorism framework. Recommendations about how best the agenda can be realised concludes the study. Specifically, the research explores the activities of the African Union with the aim of determining whether the agenda was merely paved with good intentions. While many weaknesses of the agenda were discovered and discussed in depth, the research concludes, that despite the gap that exists between the agenda and its implementation and the problem of resources bedevilling the implementation of the agenda, it will be unfair to describe the African Union counter terrorism agenda as merely paved with good intentions in the lights of numerous positive steps that have been taken towards translating the agenda into full implementation. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

In its latest attempt to curb the plight of unconstitutional changes of government in Africa, the African Union (AU) is in the process of empowering the African Court of Justice and Human and Peoples’ Rights (African Court) to prosecute perpetrators of unconstitutional changes of government in member states. This study considers the prospects and challenges of such prosecution by the proposed African Court. The study first identifies the normative and institutional framework developed by the Organisation of African Unity (OAU), and later the AU to address unconstitutional changes of government in the continent. It then analyses the AU’s response to unconstitutional changes of government in member states, taking Guinea, The Comoros, Niger, Tunisia, Egypt and Libya as case studies. In doing so, it identifies the strengths and weaknesses of the AU’s response to the changes in these countries, including the capability of the AU’s normative and institutional framework to address all forms of unconstitutional changes in the region. Most importantly, the study addresses the challenges and prospects of prosecuting unconstitutional changes of government by the proposed African Court and whether the Court would be able to overcome the short-comings identified in the case studies. It finally concludes and recommends based on the findings of the study. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

The African Union (AU) was established by the African Union Constitutive Act in 2000 to address the shortcomings of its predecessor the Organisation for African Unity (OAU). One of the main considerations for the establishment of the AU was the OAU’s strict adherence to the principle of non-intervention. The OAU was established on the principle of sovereignty and territorial integrity but the leaders of Africa realised that while the protection of sovereignty and territorial integrity was important ambitions for the African continent, it was just as important that African conflicts are resolved more effectively. While the AU Constitutive Act restates the commitment of the AU to the principles of sovereignty and territorial integrity, the AU Constitutive Act also provides for protection of human rights and, most significantly, for the limited intervention by the AU in grave circumstances. Article 4(h) of the AU Constitutive Act provides the “right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity”. The right to intervention contain in this article provide a great opportunity to improve the effectiveness of conflict management on the African continent. However, Articles 2(4) and 2(7) of the United Nations Charter pose a strong challenge to the legality of intervention under article 4(h) of the AU Constitutive Act. It is generally accepted that consent or invitation by the state concerned precluded any wrongfulness of the prima facie violation of international law and in particular a valid exception to the prohibition on the use of force. By signing the AU Constitutive Act the member states of the AU consented in advance to the possibility of intervention and consequently there is no conflict between the right to intervene and the prohibition of the use of force, as long as the AU remains within the bounds set out in the AU Constitutive Act and the succeeding mandate given by the Assembly. It might be argued that the prohibition on the use of force is a ius cogens norm that cannot be contracted out and that any agreement to this effect is void. However, the commentaries to Article 26 of the Articles on State Responsibility state that consent may be relevant when applying such a peremptory norm. Furthermore, only the prohibition on aggression is peremptory in nature. The definition of aggression states inter alia that aggression is the use of armed force on the territory of another in contravention of an agreement between the parties concerned. Thus, use of force undertaken in the territory of a state within the bounds of the agreement between the parties is not aggression and thus not a violation of a peremptory norm. The increased international focus on human rights and human security has influenced the way the notion of sovereignty and the principle of non-interference are understood. In 2001 the International Commission on Intervention and State Sovereignty’s report “The Responsibility to Protect” introduced the twin norms of sovereignty as a responsibility and the Responsibility to Protect. The notion of sovereignty as a responsibility implies that every state has the responsibility to protect its people from gross human rights abuses, while the Responsibility to Protect (R2P) refers to the responsibility of the international community to act should as state be unwilling or unable to fulfil its responsibilities towards its citizens. By incorporation of the right to intervention in its Constitutive Act, the AU has embraced the concept of Responsibility to Protect. While the international endorsement of this concept and the constant paralysis of the SC, especially in respect of Africa, adds considerable legitimacy to possible intervention by the AU in terms of article 4(h). / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Public Law / Unrestricted

Please read the abstract in the 00front of this document / Thesis (LLD)--University of Pretoria, 2006. / Centre for Human Rights / LLD / Unrestricted

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At the dawn of democratic rule in the period 1994–1998, South Africa concluded 15 bilateral investment treaties (BITs), mostly with European nations. Some of these treaties were concluded before the Constitution of 1996. The country has since concluded a total of 47 BITs, with the majority not in effect as they were not ratified per the required constitutional processes. The policy decision to enter into BITs was taken by the African National Congress (ANC) government, led by the late former state president Nelson Mandela. The BITs were seen as an important guarantee to attract foreign investment into the country. The aim was to provide added assurance that foreign investments were safe in a democratic South Africa after many years of international isolation and sanctions. The conventional wisdom at the time was that BITs would increase foreign investor appetite to invest and the country would experience rising levels of foreign direct investment (FDI) as a result. This would facilitate economic growth and the transition of the country into the global economy. South Africa concluded BITs with seven of the top ten investor countries. In October 2013 the South African government cancelled a number of BITs with these European countries invested in South Africa. These countries – namely Belgium, Luxembourg, Spain, Switzerland, Germany and the Netherlands – complained of lack of consultation by the South Africans. On 1 November 2013 the Minister of Trade and Industry published, in Government Gazette No 36995, the Promotion and Protection of Investment Bill (PPIB or Investments Bill) as the proposed primary legislative instrument for the protection of foreign investments. This created much uncertainty among many European nations as well as in the United States of America (US), who were concerned about the motivation for cancelling bilateral treaties in favour of domestic legislation. BITs had been a part of the policy instruments regulating foreign investments in the country for over 20 years. Globally these treaties have been used to regulate foreign investments in a number of areas, and to provide protection to investments such as full protection and security, guaranteed pre-establishment rights, ease of repatriation of funds, most-favoured nation, fair and equitable treatment, national treatment and efficient dispute settlement mechanisms, among other provisions. In most cases international arbitration via the International Centre for the Settlement of Investment Disputes (ICSID) and other international arbitral mediums has been a standard provision in the treaties. This has allowed foreign investors to bypass host countries’ legal systems. The latter is believed to be a significant inducement for foreign investors, guaranteeing that should a dispute arise, or if an expropriation occurs, the investor could institute an international arbitral process against the host government. International arbitration is preferred by foreign investors for the reason that, in some cases, domestic courts may lack independence from the state, and may make partial rulings that do not protect investors. Furthermore, international arbitration processes are more efficient and produce rulings faster than domestic courts, which are usually burdened with bureaucratic procedures and limited resources. In cases where delay exacerbates injury, prompt resolution of disputes is preferable. This study evaluates the Investments Bill and the rationale applied by the government of South Africa to cancel BITs with major trade and investment partners in favour of this legislation. The thesis focuses on the Investments Bill, in light of the objective provided by the Department of Trade and Industry (DTI) for its enactment to law. The Investments Bill is subjected to a constitutional analysis to determine its compliance therewith. Comparisons are also made between the Investments Bill provisions and the prevailing international law principles on foreign investments. The Investments Bill is then critically evaluated against emerging trends on FDI regulation on the African continent to determine its congruence or lack thereof with best practice recommendations at regional economic community (REC) and African Union (AU) level. The thesis concludes with a set of policy recommendations to the DTI on how to improve South African policies related to the regulation of foreign investments taking into account the national imperative as well as Southern African Development Community (SADC) and other broader African continental objectives of harmonisation of FDI regulation, including the Tripartite Free Trade Area (FTA) implementation. The timing of this thesis is significant for South Africa. It adds to various deliberations that are taking place as the Investments Bill is set to makes its way through the legislative approval processes in 2015. The Bill has been met with opposition from some segments of society. Others have expressed support – including several state departments, the ANC, the South African Communist Party (SACP) and other political formations. The summary of findings contained in the thesis will be presented to the DTI to influence policy directions of the state in terms of foreign investment regulations. Should the Bill be enacted, the Minister of Trade and Industry is required to promulgate the dispute resolution mechanism that will govern investment disputes. The findings of this study will be important to the determination of how such dispute resolution mechanisms may function. Furthermore, in 2010 Cabinet instructed the DTI to develop a model new-generation BIT Template to be utilised by South Africa, should a compelling reason arise to enter into bilateral agreements. The research results will assist policy-makers to develop policies that are consistent with and align with the overarching Africa strategy that has been heavily promoted by South Africa. The country faces a number of challenges, particularly those related to low economic growth, high levels of poverty, unemployment and record levels of inequality. The gap between the rich and poor, in terms of the Gini coefficient, was 0,67 based on the World Bank Development Research Group Report of 2010. It is reported as one of the highest in the world and is believed to have worsened since the dawn of democracy. / Public, Constitutional and International Law / LL. D. (Public, Constitutional and International Law)