The purpose of this study is to determine the extent to which existing law could provide a legal basis for the protection of cross-border, climate change displaced persons, with a particular focus on Southern Africa. Before such an analysis can be made, however, it is important first to determine what climate change displacement exactly implies. By means of integrating and refining existing legal terminology and ideas the study attempts to disentangle the international contention on the subject and proposes that individuals who are forced from their countries of habitual residence as a reaction primarily to climatic push factors which pose an existential threat to their right to life are most in need of protection and may be referred to as cross-border climate change displaced persons. As climate change displacement is expected to occur primarily on the sub-regional geopolitical level of governance, the inclusion of regional, AU, and sub-regional, SADC, elements is important for the practical feasibility of this study. Southern Africa's particular vulnerability to the effects of climate change, making the advent of large numbers of climate change displaced persons in the area a reasonable prediction for the future, further justifies this study's chosen scope. After analysing the different legal branches of refugee law, human rights law and environmental law for each geopolitical level of governance referred to, this study concludes that: While there are several potential provisions in law that could provide protection to persons displaced by climate change, a sufficient protection framework can be derived only from the composite characteristics of different branches of law. Therefore, it is recommended that a matrix approach is followed when providing legal protection to climate change displaced persons. Because different fields of law provide more prominent protection in different spheres of governance, it is also recommended that the configuration of a legal protection matrix be adjustable to particular circumstances. It is therefore suggested that a legal protection mechanism is developed for each geopolitical sphere, and that different mechanisms are coordinated internationally. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

The purpose of this study is to determine the extent to which existing law could provide a legal basis for the protection of cross-border, climate change displaced persons, with a particular focus on Southern Africa. Before such an analysis can be made, however, it is important first to determine what climate change displacement exactly implies. By means of integrating and refining existing legal terminology and ideas the study attempts to disentangle the international contention on the subject and proposes that individuals who are forced from their countries of habitual residence as a reaction primarily to climatic push factors which pose an existential threat to their right to life are most in need of protection and may be referred to as cross-border climate change displaced persons. As climate change displacement is expected to occur primarily on the sub-regional geopolitical level of governance, the inclusion of regional, AU, and sub-regional, SADC, elements is important for the practical feasibility of this study. Southern Africa's particular vulnerability to the effects of climate change, making the advent of large numbers of climate change displaced persons in the area a reasonable prediction for the future, further justifies this study's chosen scope. After analysing the different legal branches of refugee law, human rights law and environmental law for each geopolitical level of governance referred to, this study concludes that: While there are several potential provisions in law that could provide protection to persons displaced by climate change, a sufficient protection framework can be derived only from the composite characteristics of different branches of law. Therefore, it is recommended that a matrix approach is followed when providing legal protection to climate change displaced persons. Because different fields of law provide more prominent protection in different spheres of governance, it is also recommended that the configuration of a legal protection matrix be adjustable to particular circumstances. It is therefore suggested that a legal protection mechanism is developed for each geopolitical sphere, and that different mechanisms are coordinated internationally. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

This study deals with two aspects of international law. The first is ‘immunity of state officials’ and the second is ‘prosecution of international crimes.’ Immunity is discussed in the context of international crimes. The study focuses on Africa because African state officials have become subjects of international criminal justice before international courts and various national courts both in Europe and Africa. It presents a new contribution to international criminal justice in Africa by examining the practice on prosecution of international crimes in eleven African states: South Africa; Kenya; Senegal; Ethiopia; Burundi; Rwanda; DRC; Congo; Niger; Burkina Faso and Uganda. The study concludes that immunity of state officials has been outlawed in these states thereby rendering state officials amenable to criminal prosecution for international crimes. The thesis argues that although immunity is founded under customary international law, it does not prevail over international law jus cogens on the prosecution of international crimes because such jus cogens trumps immunity. It is argued that, committing international crimes cannot qualify as acts performed in official capacity for the purpose of upholding immunity of state officials. In principle, customary international law outlaws functional immunity in respect of international crimes. Hence, in relation to international crimes, state officials cannot benefit from immunity from prosecution or subpoenas. Further, the study criticises the African Union’s opposition to the prosecutions before the International Criminal Court (ICC). It argues that however strong it may be, such opposition is unfounded in international law and is motivated by African solidarity to weaken the role of the ICC in Africa. It concludes that the decisions taken by the African Union not to cooperate with the ICC are geared towards breaching international obligations on cooperation with the ICC. The study calls upon African states to respect their obligations under the Rome Statute and customary international law. It recommends that African states should cooperate with the ICC in the investigations and prosecution of persons responsible for international crimes in Africa. At international level, the study reveals the conflicting jurisprudence of international courts on subpoenas against state officials. It argues that, state officials are not immune from being subpoenaed to testify or adduce evidence before international courts. It contends that issuing subpoenas to state officials ensures fairness and equality of arms in the prosecution of international crimes. It recommends that international courts should treat state officials equally regarding prosecution and subpoenas. It further recommends that African states should respect their obligations arising from the Rome Statute and that, immunity should not be used to develop a culture of impunity for international crimes committed in Africa. / Thesis (LLD)--University of Pretoria, 2012. / Centre for Human Rights / unrestricted

The emergence of the African Union (AU) is seen as an effort to reposition Africa for the challenges of contemporary global realpolitik and, in particular, it provides a road map towards the attainment of a political union. The institutional architecture of the AU, modelled after the European Union (EU), indicates an intention on the part of the architects of the AU to endow the organisation with supranational attributes. However, none of its institutions has as yet started to exercise supranational powers. It is against this background that this thesis explores the feasibility of transforming the AU from a mere intergovernmental organisation into a supranational entity. In the course of the investigation, it was found that a major obstacle to realising this is the absence of shared democratic norms and standards, a consequence of the unconditional membership ideology of the AU. This thesis argues that the starting point of closer integration in Africa should be the cultivation and adoption of shared norms and values. To address this, the study proposes that the AU design an institutional mechanism for regulating its membership. Using the African Peer Review Mechanism (APRM) as a case study, this study shows that it is possible to establish a regulatory regime based on strict adherence to shared fundamental norms and values. A major recommendation is the transformation of the APRM into a legally binding instrument for setting continental democratic standards, assessing whether member states fulfil these standards and ultimately determining which member states are qualified, based on objective standards, to be part of a democratic AU. / Thesis (LLD)--University of Pretoria, 2010. / Public Law / unrestricted

Magister Administrationis - MAdmin / The African continent has over the past 40 years witnessed a continued scourge of violent conflict and human rights abuses. These conflicts have significantly undermined the social, political, and economic prosperity of African citizens. Additionally, women and children are particularly affected by these conflicts. Women and children are regarded as ‘the most vulnerable’ as they often become the targets of sexual abuse by the enemy. The African Union (AU) is primarily responsible for the resolution of conflicts on the continent. It professes to be committed to the prevention of human rights abuses and the protection of African women (and children) during armed conflicts. It has thus developed an array of mechanisms, protocols, and instruments to address the exploitation and sexual abuse of women during conflict periods. These instruments include: The Constitutive Act of the AU (2000); The Solemn Declaration of Gender Equality in Africa (2003); the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa- ACHPRWA (2004); and the Protocol relating to the Peace and Security Council. In this research project, I consider whether the narratives used in these AU documents sufficiently and explicitly address the use of rape as a strategic weapon during armed conflicts; or whether these narratives inadvertently contribute to a culture that perpetuates war-time rape. My analysis shows that these AU documents deal with war-time rape in very vague and euphemistic terms. Although gender discrimination, sexual violence, exploitation, discrimination, and harmful practices against women are condemned, the delegitimization of rape as a weapon of war is not specifically discussed. This allows for varying interpretations of AU protocols, including interpretations which may diminish the severity of strategic rape. This has lead me to propose that the narratives used in these AU protocols and related documents draw on patriarchy, perpetuate patriarchy, and thus inadvertently perpetuates a culture that perpetuates the use of rape as a weapon of war

The difficulty of transforming war economies into peace economies has become increasingly problematic in the search for long-term peace and stability in Africa. In many African countries such as Sierra Leone, Angola and the Democratic Republic of Congo, conflict actors have created distinct war economies in order to maintain the conflict in these countries. The enduring nature of the war economies presents a unique challenge to actors involved in ensuring that peace returns to a country by applying a peacebuilding strategy. The economic environment during a conflict has a vast influence on a post-conflict economy and a post-conflict reconstruction strategy. Although post-war rebuilding occurred during the reconstruction of Europe and Japan after the Second World War, the terms "post-conflict peacebuilding" and "post-conflict reconstruction" have only came to prominence during the mid-1990s. Using the case study of Sierra Leone, this study explores the challenge of war economies and its impact on post-conflict reconstruction. Sierra Leone presents an appealing case study as the country experienced a very profitable war economy during the armed conflict in the country between 1991 and 2002, and continues to struggle to transform this war economy into a peace economy. The case study of Sierra Leone is well researched, however, most studies focus on the conflict period, and only briefly look at the post-conflict period. In addition, discussions of post-conflict reconstruction in Sierra Leone have failed to adequately address the challenges presented by the war economy. This study uses existing analyses about the war economy in Sierra Leone, and links these to the current post-conflict reconstruction strategy, focusing specifically on the economic dimension. Therefore, this study represents a departure from traditional approaches to exploring war economies because it considers the direct impact these economic systems have on the process of post-conflict reconstruction. / Dissertation (MA)--University of Pretoria, 2010. / Political Sciences / unrestricted

Africa has always aspired for the economic integration of its markets. This endeavour is evident right from the 1960s clamour for independence and shortly thereafter, as newly independent states. During this period African countries under the umbrella of the OAU underscored economic cooperation as the basis for intra-African relations. However, it was not until the year 1991, with the conclusion of the AEC Treaty, that the continent formally adopted a framework and roadmap towards continental economic integration. The 40-year roadmap towards a continental economic community was premised upon the two principles of harmonisation and devolution. Moreover, the six-stage integration process set out in Article 6 of the AEC Treaty identifies the eight RECs in Africa as the building blocks for the continent’s proposed single market and economic union. It also underpinned the economic integration of the continent on the harmonious co-existence of the RECs. A step-wise ambitious integration model was adopted under Article 6 of the AEC Treaty. The model envisaged the creation of a Free Trade Area (FTA), followed by a Customs Union, a Common Market and ultimately a fully-fledged Economic Union. As a first step towards the continental integration, the African Continental Free Trade Area (AfCFTA) was unveiled in 2018. Cross border, intra-African trade, is bound to lead to a rise in investment and commercial transactions on the continent. This, in turn, will inevitably lead to disputes which require resolution. The economic integration of the continent is fast evolving under the aegis of the AU; whose dispute settlement system is currently also under review. Significantly, the AU has consolidated its dispute settlement mechanism, following the merger in 2008 of the ACJ and ACH&PR, into a single AU court, known as the African Court of Justice and Human Rights (ACJ&HR). It is within the context of the merged AU single court that this thesis grounds itself. It seeks to interrogate the adequacy of the continental trade and investment dispute settlement system and examines its viability within the consolidated AU dispute settlement system. While the AU led continental economic integration gains pace, the dispute settlement system, critical for the integration, is either lagging behind or is not receiving adequate attention. As a result, the dispute settlement systems created under the AEC and AfCFTA are incongruent with the principles of harmonisation and devolution, which underpin the continent’s economic integration goals. The recommendations proffered, align with the philosophy of harmonising and devolving the continental trade and investment dispute settlement system. The research proposes to locate the continental trade and investment dispute settlement within the AU single court system. The principal recommendation is not only to expand the Court’s jurisdiction in order to accommodate the trade and investment mandate, but also to use sub-regional REC judicial organs as courts of first instance for the ACJ&HR. A hierarchical order of the continental court system, with the single AU Court at the apex, is also proposed in this study as the supreme overarching supranational judicial organ. / Public, Constitutional, and International Law / LL.D.