Institute for International and
Comparative Law in Africa (ICLA)

Dominique Mystris: ICLA Fellow

Dominique Mystris

Dominique recently completed her PhD at Queen Mary University of London where her thesis considered the need for a regional criminal court through an analysis of the proposed African Criminal Court. Over the past seven years she has served both in NGOs and in international research institutions and organizations, including the United Nations University – Institute of Comparative and Regional Integration Studies in Bruges, Belgium. She has done consultancy work for non-profit organizations in Africa, Asia and London on human rights issues and developed policy and advocacy approaches. She has been lecturing in law since 2011 at various universities in England. Her research interests are in the areas of human rights, public international law, international criminal law, international humanitarian law, peace and security policy, frameworks for regional organizations; as well as issues pertaining to conflict and post-conflict situations.

Films made in ICLA house

Kaya (Home) - A Short Film

Following the death of her husband, Amahle is now being threatened by her in-laws who want to take over her home. This is a film about the rights of women in Africa to property. It makes up part of the year-long campaign by the Centre for Human Rights which focuses on the rights of older women.

Film produced by Adebayo Okeowo

Christo Coetzee Collection

Christo Coetzee

Christo Coetzee (1929-2000) bequeathed the contents of his house in Tulbach to the University of Pretoria in 2000. This collection consists of more than 3000 object ranging from artworks by Christo Coetzee, art by other artists, ceramics, furniture, glass, silver and various other objects. In 2011 a selection of these objects went onto permanent display at the Centre for Comparative Law in Africa, in the house east of the Law Building.

For more information on the Collection please contact Gerard de Kamper at 012 420 4017 or  This email address is being protected from spambots. You need JavaScript enabled to view it.

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Nicolaas Johannes (Niek) Grové

Nicolaas Grove

BA LLB LLM (cum laude) LLD (UJ)

Niek Grové returned to the Faculty of Law in January 2018 after serving as Registrar of the University of Pretoria and a member of the Executive Mangement for a period of 18 years. He is a member of the Department of Mercantile Law.

He obtained a BA degree at the University of Pretoria in 1976 with Roman-Dutch Law and Afrikaans as majors, thereafter obtaining the LLB degree in 1978 and an LLM degree cum laude in 1985, also at UP. He obtained the LLD degree in 1989 at the former Rand Afrikaans University (now UJ) with a thesis on Consumer Credit Law with the title “Gemeenregtelik en Statutêre Beheer oor Woekerrente” under the supervision of Prof J M Otto. In 1997 he qualified as Mediator at the Arbitration Foundation of South Africa (AFSA).

Academic and professional experience

He commenced his academic career in January 1981 as a senior lecturer in the Department of Mercantile and Labour Law at the University of Pretoria, was appointed as Associate Professor in the Department of Mercantile and Labour Law in 1986 and subsequently as Associate Professor in the Department of Private Law in 1987. In 1989 he became a full Professor in the Department of Private Law at UP, a position which he held until 2000.

Since 1 March 2000 he served as Registrar of the University of Pretoria and member of the University Executive. He stood down as Registrar at the end of 2017. During his tenure as Registrar he was responsible for the following portfolios: The Office of the Registrar (including Institutional Governance and the Secretariat), Legal Services, UP Archives and intermittently for Internal Audit, Information Governance, Academic Administration and the Client Service Centre (which were later restructured as the Department of Enrolment and Student Administration), TuksSport, Facilities Management, Security Services, Residence Affairs and Accommodation and Employee Relations.

In addition to his duties as a member of the Executive of the University of Pretoria, he served as director of campus companies such as TuksSport (Pty) Ltd, TS Soccer (Pty) Ltd, the TuksSport Study Centre and as trustee of the Eduardo Villa Trust and the Javett Arts Centre Foundation. He is also a trustee of the UP Pension and Provident Funds.

Areas of specialisation

His field of expertise is Contract Law and Consumer Credit Law.

Teaching experience

He previously lectured the following modules: Law of Contract; Family Law; Law of Persons; Unjustified enrichment; Cession; Law of Purchase and Sale; Lease agreements; Suretyship; Law of Agency; Negotiable instruments; Insurance; Law of Insolvency and Consumer Credit Law.

Doctoral candidates

He acted as supervisor  for the following doctoral candidates: Juanita Chamberlain (1995), Steve Cornelius (1999), Villiers Terblanche (2003), and Monica Vessio (2016) (co-supervisor Prof Corlia van Heerden).

University-related activities

  • Intermittently between 1984 and 1997 he was an editorial member of De Jure, and served as editor during the following periods: 1986, 1991-1993 (including the 25th commemorative edition in 1992), 1996-1997.
  • He was the acting assistant editor of the Tydskrif vir Hedendaagse Romeins-Hollandse Reg in 1985.
  • He was Head of Residence for House Olienhout from 1983 to 1985.
  • He served as Chairman of the Law Faculty’s Research Committee from 1997 to 2000.
  • He served as Co-chairperson of the Broad Transformation Forum (BTF) at UP, which played a major role in the transformation of the University’s governance structures from 1997 until its dissolution in 1999.
  • He developed a programme for a postgraduate diploma in Dispute Resolution in co-operation with AFSA (1998). The first presentation of the programme took place in Johannesburg during 1998/1999.
  • He drafted the UP Statute as required in terms of the Higher Education Act, 1997 and concomitant documents during his last years at the Faculty (1999-2000).
  • He served as Chairperson of the Institutional Forum (UP) (October 1999-2003) and as a member of the Forum until the end of 2017.
  • He was Chairperson of the Legal Advisory Committee of USAf (Universities South Africa, formerly known as Higher Education South Africa) for a number of years.

Publications

During his tenure as Professor in the Faculty of Law (18 years ago) he published in the region of 50 articles in recognised law journals and contributed to a number of textbooks and workbooks. These include the following:

  • South African Law Commission Project: Paper 46 Project 67: JM Otto and NJ Grové: “The Usury Act and Related Issues: New Credit legislationin South Africa(1993) (in both English and Afrikaans) (including a final report in March 1994). (See 1993 THRHR 169 (Part 1); 1993 THRHR 380 (Part 2).
  • Basic Principles of Consumer Credit Law. Juta (1993) (textbook with LJ Jacobs as co-author).
  • Basic Principles of Consumer Credit Law (2nd edition) with JM Otto (2003).

Papers

As Registrar of the University of Pretoria he regularly presented papers at the Registrar’s Forum and various other fora on higher education matters.

Community Service, External Activities and Contract Research

  • Over the past number of years, he was a director of a number of campus companies; including TuksSport (Pty) Ltd, the TuksSport Study Centre, Bookmark at UP (Pty) Ltd, the Eduardo Villa Trust, TS Soccer (Pty) Ltd and the TuksFM Trust. He also is a trustee of the University of Pretoria Pension and Provident Funds and a trustee of the Javett Arts Centre Foundation.
  • Chair the HEQC Audit Panel – NWU in March 2009.
  • He also served as Chairperson of the Iemas Board, the largest trade-co-operative in the country, from 1996 until 2009 and from 2008 to 2017 as a non-executive director of MiWay Insurance Limited.
  • He is the Chairperson of the Hatfield City Improvement District (CID).

Dennis Chipao

Dennis Chipao

Dennis Chipao holds an LLB (Hons) from the University of Malawi and Masters degree in Women’s Law obtained at the University of Zimbabwe. He is a Senior Deputy Commissioner of Police based at Police Headquarters in Lilongwe, Malawi. His research topic focuses on the impact of new technologies in law enforcement (with an African perspective), especially front line policing and how this can influence more accountable or more effective policing.

Tinomudaishe Chinyoka

Tinomudaishe_Chinyoka

Tinomudaishe Chinyoka graduated with a Bachelor of Laws Honours (LLB) from the University of Zimbabwe and a Master of Laws (European and International Human Rights) (LLM) from the University of Leeds. He also holds a Master of Arts (Social Work) from the University of Sheffield. Tino’s research looks at the law on the police use of force during assemblies, with specific reference to Zimbabwe and South Africa.

Dagnachew B. Wakene

Dagnachew Wakene

Dagnachew B. Wakene (‘Dag’) holds a Bachelor of Law degree from the Addis Ababa University, Ethiopia, and a Master's of Philosophy majoring in Rehabilitation and Development Studies from Stellenbosch University, South Africa. He is currently a Regional Director of Programs, based in Addis Ababa, at the Africa Disability Alliance (ADA) – a continental technical agency founded in 2003 and headquartered in Pretoria, South Africa, leading efforts of designing, evaluation and implementation of disability-inclusive programmes across the continent. A childhood polio-survivor himself, Dagnachew embraces a blend of lived experience, academic and professional rigor in his fields of expertise. His research focuses on violence against persons with disabilities.

Dickson Kahama

Dickson Kahama

Dickson Kahama completed his LLB at the University of the Witwatersrand in 2010 and his LLM at the University of Pretoria in 2015. He works as a Lecturer of Law at Kampala International University, Uganda where he teaches Public International Law and International Humanitarian Law. Dickson has also worked with international organizations like the International Committee of the Red Cross. Dickson’s doctorate research is on “collective criminal accountability of terrorist groups for International crimes in a Non-International armed conflict.” His main research interests include Public international law and International humanitarian law.

Daniel Walyemera

Daniel Walyemera

Daniel Walyemera is an Advocate of the High Court of Uganda. He has practiced law in Uganda for the last seven years. Daniel is the Chairperson of the Network for Public Interest Lawyers (NETPIL), a social justice project based at the School of Law, Makerere University, Uganda. Daniel has been an elections observer and consulted for the United Nations Development Programme (UNDP) as an electoral reform expert. His doctoral research topic is “The private prosecution of police brutality in Africa”. His areas of research interest are civil and political rights, with special emphasis on governance.

Ben Nyabira

Ben Nyabira

Ben Nyabira received his Masters in Human Rights and Democratisation in Africa from the University of Pretoria, South Africa and his Bachelors in Economics and History from Egerton University, Kenya. As part of his doctoral studies he is investigating the levels of lethal violence in Kenya and its effects and doing a comparative study with South Africa on the institutional arrangements for the collection of such data. Ben also works as a Program Officer at Katiba Institute (KI) in Kenya, which is a research, education and litigation institute on constitutional matters, where he, mainly, supports its research. His main research interests include: human rights; violence reduction; inclusive and open governance (including public participation and access to information), devolution, constitutional design for divided societies; pluralism; peace and security.

Moru Andries Moekoa

Moru Andries Moekoa

Moru Andries Moekoa obtained his LLB degree in 2012 from the University of the Free-State, South Africa, Master of Laws with Specialisation in Public Law in 2017. He started his career as a Military Law Practitioner for the South African National Defence, where he is currently still serving. With his thesis: Accountability for the potentially unlawful use of remotely piloted aircraft in law enforcement in Africa, the candidate investigates the use of Remotely Piloted Aircraft in Law Enforcement Operations in Africa, with specific reference to the potential unlawful use of lethal or less lethal force and the implication thereof on right to life, human dignity and freedom from violence.

Dumisani Gandhi

Dumisani Gandhi

Dumisani Gandhi holds a MA Degree in Media and Communications Studies from the University of Zimbabwe. He has over 14 years’ experience working in media, human rights and governance. Until December 2017 he was working for Global Affairs Canada as a Senior Development Officer. His current area of focus is “freedom from violence and exploring the relationship between new technology and police effectiveness and accountability."

Alero Fenemigho

Alero Fenemigho

Alero Fenemigho is a lecturer in the Faculty of Law, University of Benin, Benin City, Nigeria. She obtained her LLB and LLM degrees at the University of Benin and completed her professional training in Law at the Nigerian Law School, Abuja, Nigeria. Alero’s doctorate is on the topic Counterterrorism Policing in Africa under International Law. Her main research interests include International Human Rights Law, International Humanitarian Law, International Criminal Law, and the Law on the Use of Force under International Law.

Brenda Mwale

Brenda Mwale

Brenda Mwale is an Advocate of the High Court of Kenya and an adjunct lecturer at Africa Nazarene University in Nairobi, Kenya. She holds a Masters degree in Transnational Criminal Justice from the University of the Western Cape in collaboration with Humboldt University. She also holds a post-graduate diploma in law from the Kenya School of Law and a Bachelor’s degree in Law from Kenyatta University. Her research interests lie in international and comparative law, international human rights law, international humanitarian law, international criminal law and transitional justice.

Nyambeni Davhana: Researcher

Nyambeni Davhana

Nyambeni Davhana is a researcher for Professor Christof Heyns, Member of the UN Human Rights Committee. He is also the National Co-ordinator of the National Schools Moot Court Competition. He completed his LL.B at the University of Pretoria in 2015 and is currently reading towards an LL.M in Labour Law, the focus area of his research being trade union liability in unprotected strikes in South Africa.

Upon completion of his LL.B, Nyambeni worked as an Academic Associate at the Department of Mercantile Law, where he lectured Business Law as well as Commercial Law for second year students. In addition to lecturing, he also tutored Labour Law for third year students, while providing research assistance. During his undergraduate years of study, he was actively involved in moot court competitions, having represented the University at the following moot court competitions; the annual Kovsies Moot Court Competition for first years in Bloemfontein (2012); African Regional Rounds of the Manfred Lachs International Space Law Moot Court Competition in Nigeria (2014), finishing in 2nd place. In 2015, Nyambeni coached the University’s team that participated in the Philip C. Jessup International Moot Court Competition, winning the right to represent South Africa at the International rounds, held in Washington, DC. In 2016, he assisted in coaching the South African National Moot Court Team that won the International Moot Court Competition in The Hague, Netherlands. In addition to participating in moot court competitions, he was also a member of the University’s Moot executive committee for two years and has served in multiple structures.

His main research interests include: Labour Law, International Law, International Labour Law and Commercial Law.

 

 

Lukman Abdulrauf: Post-Doctoral Fellow

Lukman Abdulrauf

Dr Lukman Abdulrauf is a postdoctoral fellow affiliated with the SARChi Professorship in International Constitutional Law at the Institute of International and Comparative Law in Africa. Lukman completed his LLM at the University of Ilorin, Nigeria in 2013 and LLD at the University of Pretoria, South Africa in 2016. His doctoral research, under the supervision of Professors Charles Fombad and Annelise Roos developed the ‘rights-based’ approach to data privacy protection based on insights from international data protection frameworks. Lukman has also published a number of articles on data protection. Prior to his doctoral research, Lukman lectured at the Faculty of Law, University of Ilorin, Nigeria.

In 2016, Alexia completed an internship at the Delegation of the European Union to South Africa. During her studies she worked as a tutor in the Department of Jurisprudence at the University of Pretoria and was affiliated with a number of University societies. In 2014, Alexia won the South African Round of the Phillip C Jessup International Moot Court Competition, and was awarded the prize for Best Written Submissions.

Research interests: international privacy and data protection law, surveillance law, information technology and human rights law and comparative law.

Gus Waschefort: ICLA Fellow

Gus-Waschefort

Gus Waschefort is a Senior Lecturer at the School of Law and Co-Director of Post-Graduate Tuition at the Human Rights Centre of the University of Essex. Prior to joining the University of Essex, he held academic appointments at the University of Pretoria, as lecturer, and the University of South Africa, as Associate Professor. Between 2011 and 2013 Gus was appointed as legal advisor to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Professor Christof Heyns. Gus has also been a visiting researcher to the International Law Centre of the Swedish National Defence University, as well as the Centre for Human Rights and Global Justice, at New York University.

Gus’s primary research interests relate to contemporary challenges in the context of armed conflict in Africa, including working towards enhancing the level of participation from within Africa in the global discourse on the Law of Armed Conflict. With a background in photojournalism, Gus has extensive experience working within active conflict zones in Africa, including the Democratic Republic of the Congo, Liberia, South Sudan and Angola. Gus's key recent publications include:

  • International Law and Child Soldiers, Hart Publishing: Oxford (2015) (blind peer reviewed monograph, 254 pages);
  • ‘Child Soldiers and Human Trafficking’ in Rijken, CRJJ. Piotrowicz, R. & Uhl, B. (eds.) The Routledge Handbook of Human Trafficking, Routledge (forthcoming, 2017);
  • ‘Implications of Children’s Rights for Military Justice in the Context of Members of the Armed Forces Younger than the Age of Eighteen’ Journal of International Peacekeeping 21(5) (2016);
  • ‘Africa and International Humanitarian Law: The more things change, the more they stay the same’ International Review of the Red Cross 902 (2017).

Alexia Katsiginis: Researcher

Alexia Katsiginis

Alexia Katsiginis is a researcher for Professor Christof Heyns and the National Coordinator of the National Schools Moot Court Competition. She completed her Bcom Law and LLB at the University of Pretoria in 2016, with distinction.

In 2016, Alexia completed an internship at the Delegation of the European Union to South Africa. During her studies she worked as a tutor in the Department of Jurisprudence at the University of Pretoria and was affiliated with a number of University societies. In 2014, Alexia won the South African Round of the Phillip C Jessup International Moot Court Competition, and was awarded the prize for Best Written Submissions.

Her main research interests are: International women’s rights, general public international law, and gender theory.

Rufaro Mavunga: Post Doctoral Fellow

Rufaro-Mavunga

Dr Rufaro Mavunga is a resident researcher affiliated with the SARChI Professorship in International Constitutional Law at the Institute of International and Comparative Law in Africa. Dr Mavunga completed her LLB, LLM in Labour Labour and LLD all at the University of Pretoria. Her doctoral thesis was written under the supervision of Professor Erika de Wet and is titled “The Prohibition of Child Labour in South Africa, Uganda and Zimbabwe: Distinguishing Permissible forms of Child Work from Prohibited Forms of Child Labour”. The thesis developed a comprehensive child work policy that promotes education for all children, but suggests that light work, if adequately regulated, can be combined with schooling. The thesis in addition further investigated the extent to which South Africa, Uganda and Zimbabwe complied with the child labour conventions to which they are party. The municipal laws of these countries in some cases do not always reflect the principles and standards of international law. The research subsequently prompted the reformulation or refinement of some laws relating to some of the worst forms of child labour within these states. The study furthermore also provided practical ways in which States can effectively overcome the challenges they face in enforcing such laws. Dr Mavunga has in addition published articles on the historical development of child labour laws and also on the international prohibition of child labour.

Dr Mavunga has worked as an Academic Assistant in the Department of Mercantile Law and the Institute for International and Comparative Law at the University of Pretoria. She has in addition worked as a Labour Law Analyst at Retrenchment Assist. She is currently an external marker for Monash South Africa.
Research Interests : Labour Law, International law, Human Rights Law, Business Law

Charles Chernor Jalloh

jannkleffner

Charles Chernor Jalloh is a full professor of international and criminal law at Florida International University College of Law and Founding Director of the African Court Research Initiative. Before joining FIU, he taught at the University of Pittsburgh School of Law where he was selected as the Buchanan Ingersoll and Rooney Faculty Scholar for 2013-2014. In 2011, he was a Research Fellow in the Institute of International and Comparative Law in Africa at the University of Pretoria Faculty of Law, and more recently, taught International Criminal Law in the renowned Oxford George Washington University Summer School in International Human Rights Law as well as in the Nuremberg International Principles Academy.

Professor Jalloh has published widely on international criminal law, including articles in leading scholarly journals and edited books with prestigious academic publishers, on diverse topics ranging from universal jurisdiction to Africa and the ICC, crimes against humanity and the SCSL. His recent publications include: The Sierra Leone Special Court and Its Legacy: The Impact for Africa and International Criminal Law (Cambridge, 2014 hardback, 2015 paperback); Shielding Humanity: Essays in International Law in Honour of Judge Abdul G. Koroma, (Brill, 2015, with Femi Elias); Promoting Accountability Under International Law for Gross Violations in Africa: Essays in Honor of Prosecutor Hassan Jallow (Brill, 2015, with Alhagi Marong) and three volumes of the first comprehensive Law Reports of the Special Court for Sierra Leone (Brill, 2012, 2014, 2015, with Simon Meisenberg). Professor Jalloh is the Founding editor-in-chief of the refereed African Journal of Legal Studies and the African Journal of International Criminal Justice.

Before academia, Professor Jalloh practiced law in the Canadian Department of Justice, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone (SCSL), where he was duty counsel in the trial of former Liberian President Charles Taylor and, as a visiting professional, in the International Criminal Court (ICC). In 2015, he served as the first ever Amicus Counsel representing the African Union in proceedings before the Appeals Chamber of the International Criminal Court in The Hague.

 

Harmen van der Wilt: Visiting Researcher

stephanhobe

Visiting dates: 31 July – 14 August 2016

Harmen van der Wilt is a Professor of international criminal law at the Amsterdam School of Law, University of Amsterdam.

His research interests lie in the concepts of criminal responsibility in International Criminal Law; domestic prosecutions of international crimes, the legal reaction to terrorism, International Criminal Law and legal philosophy, history in the courtroom, European Arrest warrant and transnational crimes.

Professor Van der Wilt has been involved in professional training programs for judiciary and public prosecutors in Addis Abeba and training programs for young staff members of Lobatchevski University of Nizni Novgorod, Russia. He is a member of the editorial board of the Journal of International Criminal Justice, the Netherlands Yearbook of International Law and the major Dutch journal on criminal law, Delikt en Delinkwent. He has been a member of the Research council of the EU(F7)-project on the European Arrest Warrant and member of the Steering Committee of DOMAC (Impact of International Courts on Domestic Procedures in Mass Atrocity cases). Van der Wilt has been an ad litem Judge in the Criminal Court of Roermond and is currently an ad litem judge in the Extradition Chamber of the District Court in Amsterdam. He has presented his research all over the world at countless occasions and he is the acting President of the Nino Cassese Foundation.

 

 

 

Gift Kgomosotho: ICLA Fellow

gift kgomosotho

Gift is a researcher for Christof Heyns, UN Special Rapporteur on extra-judicial, arbitrary or summary killings. He is also the National Co-Ordinator of the National Schools Moot Court Competition. He completed his LLB at the University of Pretoria in 2015. Gift holds the title of 2015 African Regional Champions in the ELSA Moot Court Competition on International Trade Law, where he was awarded the prize of Best Oralist. In 2014, he won the South African Round of the Phillip C Jessup International Moot Court Competition, the largest Moot Court Competition in the world, and was also awarded prize for Best Oralist and Best Written Submissions. Recently in 2016 Gift coached the South African National Moot Court Team that won the International Moot Court Competition in The Hague, Netherlands.

Research Interest – Public International Law, Human Rights and Constitutional Law, International trade Law, Law of the sea.

 

Michelle Diers - LLM Student

michelle diers

Michelle Diers is an LLM candidate affiliated with the SARChI Professorship in International Constitutional Law at the Institute for International and Comparative Law in Africa. Her Master’s thesis will address the topic of dual responsibility of International Organisations and States themselves, and will be completed under the supervision of Professor Erika de Wet.

Michelle completed her LLB at the University of Pretoria in 2015, with distinction. During her studies she worked as a tutor in the Department of Mercantile Law at the University of Pretoria and was affiliated with various societies at the University of Pretoria.

Her main research interests lie in international law – both public and private as well as transnational business law and alternative dispute resolution at an international level.

Kenneth Sithebe: Doctoral Student

Kenneth Sithebe

Khulisumuzi Kenneth Sithebe is a researcher affiliated with the SARChL Professorship in International Constitutional Law and an LLD candidate at the Institute for International and Comparative Law in Africa, University of Pretoria. His doctoral thesis is titled “The implications of the fair trial standards in Article 46A of the Malabo Protocol for prosecution and trial of international and transnational crimes in Africa” and is supervised by Professor Erika de Wet (University of Pretoria) together with Professor Herman van der Wilt (University of Amsterdam).

Khulisumuzi graduated with both an LLB and LLM (Human Rights) from the University of Pretoria. His LLM dissertation paid particular attention to the right to life, accountability and the International Criminal Court. He has presented research papers at conferences both domestically and internationally.

Khulisumuzi has served as Editor for the Pretoria Student Law Review, Editor-in-Chief for AfricLaw and also as a Research Associate at the South African Human Rights Commission. His main research interests include: international law; international criminal law; and human rights.

 

 

Seth Wekesa: Visiting Researcher

"Seth Wekesa

Seth Wekesa is an LLD candidate at the University of Pretoria. Seth completed his LLM in 2012 at the Centre for Human Rights, University of Pretoria, where he was a DAAD scholar. His doctoral dissertation under the supervision of Prof Charles Fombad and Prof Anton Kok looks at how the constitutional provisions on equality, human dignity and privacy in the Kenyan and Ugandan Constitutions can be used as tool for the decriminalisation of homosexuality through progressive and creative interpretation; and how the courts in Kenya and Uganda could borrow some lessons from the South African Constitutional Court jurisprudence on the rights of gays and lesbians. Seth is currently a law lecturer at Moi University in Kenya. He teaches administrative law, gender law, land use law, equality law and African customary law. He also supervises LLM and LLB dissertations.

Research interests include: Constitutional and administrative law, gender law, equality law, human rights and African customary law.

Julie Maupin: Senior Research Fellow

Julie Maupin

Julie Maupin is a Senior Research Fellow at the Max-Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany. Her work focuses on the intersection between public and private rights and interests within international economic governance regimes. Previously a Lecturer at Duke Law School, Julie has taught international investment law, international commercial arbitration, international dispute settlement, and comparative competition law in North America, Europe, and Africa. Her current research proceeds in two streams. The first examines how international trade and investment treaties condition and constrain the political, economic, and social welfare strategies pursued by states at differing levels of economic development. The second investigates the legal and policy implications of emergent, technology-based modes of conducting and regulating transnational commerce, in particular the nascent phenomena of stateless crypto-currencies and self-policing financial regulatory networks.

In addition to her scholarly pursuits, Julie regularly advises international organizations, governments, businesses, and NGOs on matters of economic law and policy, with a special emphasis on Africa. Her pre-law career included five years in the corporate/consulting world and three years in the non-profit relief and development sector. Julie is an alumna of the University of Washington (BS Economics), Yale University (Juris Doctor & MA Economics) and the Graduate Institute for International and Development Studies in Geneva (PhD, International Studies). She is an admitted member of the Oregon bar.

Wiebke Ringel: Research Fellow

Wiebke Ringel

Wiebke Ringel is a Research Fellow at the Max Planck Foundation for International Peace and the Rule of Law in Heidelberg, Germany. She is also pursuing a PhD in Heidelberg, under the supervision of em. Prof. Dr. Rüdiger Wolfrum. Her doctoral thesis focuses on new obligations for state parties regarding the domestic implementation of international human rights treaties in light of recent developments under the UN Convention on the Rights of Persons with Disabilities (CRPD). Prior to joining the Max Planck Foundation, Wiebke served her legal and judicial traineeship (Referendariat) at the High Court of Hamburg, Germany. Her training included stages at a human rights NGO in Berlin, at the Embassy of the Federal Republic of Germany in Addis Ababa, Ethiopia and at the Federal Maritime Agency in Hamburg, Germany.

Wiebke studied law at the University of Muenster, Germany (2010) and completed her LLM at the University of Cape Town (2012). Her current research interests include human rights law (in particular the CRPD, domestic implementation of international human rights treaties, positive obligations, equality and non-discrimination), law of treaties and comparative constitutional law.

Petronell Kruger: Researcher

Petronell Kruger

Petronell Kruger graduated from the University of Pretoria in 2013 (LLB) and 2014 (LLM). She previously held positions from the University of Pretoria as a junior member of Staff (2011-2013), Open Society Initiative for West Africa in the Dakar Regional Office (2014) and as a student researcher for ICLA (2013). Her current research interests include human rights and taxation, comparing accountability mechanisms in the African region and the right to life. She co-authored an article on the protection of the right to life in African constitutions that is forthcoming in the Pretoria Student Law Review this year.

Stuart Maslen: Honorary Professor

 
Stuart Maslen

LLB (Bristol) LLM (Essex) MSc (Cranfield) PhD (Tilburg)

Home Department: Centre for Human Rights

Stuart is honorary professor of international law in the Faculty of Law. He teaches the law of armed conflict, international human rights law, disarmament law, jus ad bellum, counterterrorism law, the sources of public international law, and European competition law.

He previously served as Head of Research of the Geneva Academy of International Humanitarian Law and Human Rights.

He has also worked for the International Committee of the Red Cross, UNICEF, and the Office of the High Commissioner for Human Rights in Geneva.

 

TEACHING 2018

During 2018, Stuart will teach in the Human Rights and Democratisation in Africa master’s programme; and the Oxford University/George Washington University summer school at Oxford. 

Areas of interest: The use of force, counterterrorism, and protection under international law

Publications

Accepted for publication

Books
  • Hague Law Interpreted: The Conduct of Hostilities under the Law of Armed Conflict, Hart, Oxford, forthcoming (2018).
  • Drones and Other Unmanned Weapons Systems under International Law, Brill, forthcoming (August 2018) (co-authored).
  • Disarmament and International Law, A Practical Guide, Routledge Research in the Law in Armed Conflict Series, Routledge, forthcoming (2019) (co-author)
  • The Treaty on the Prohibition of Nuclear Weapons: A Commentary, Oxford University Press, Oxford, forthcoming (2018).
Articles
  • Weapons entries in N. Pons and D. Djukic (eds), Companion of International Humanitarian Law, Brill, Leiden, forthcoming (2018).
  • ‘Weapons’, Chap. 11 in D. Akande and B. Saul (eds), Oxford Guide to International Humanitarian Law, Oxford University Press, forthcoming (2018).

Published during the last five years

Books
  • Police Use of Force under International Law, Cambridge University Press, 2017 (co-author).
  • The Arms Trade Treaty: A Commentary, Oxford University Press, 2016 (co-author).
  • The War Report: Armed Conflict in 2013, Oxford University Press, 2014 (editor and contributor).
  • Nuclear Weapons under International Law, Cambridge University Press, 2014 (co-editor and contributor).
  • Weapons under International Human Rights Law, Cambridge University Press, 2014 (editor and contributor).
  • The War Report: 2012, Oxford University Press, 2013 (editor and contributor).
Chapters in books
  • ‘Regulating Armed Drones and Other Emerging Weapons Technologies’, Chap. 4 in M. Lattimer and P. Sands (eds), The Grey Zone: Civilian Protection Between Human Rights and the Laws of War, Hart, Oxford, June 2018.
  • ‘International Law and the Prevention of War’, Chap. 14 in W. H. Wiist and S. K. White (eds), Preventing War and Promoting Peace: A Guide for Health Professionals, Cambridge University Press, 2017.
  • ‘Special Agreements in International Armed Conflict’, Chap. 7 in A. Clapham, P. Gaeta, and M. Sassòli (eds), The Geneva Conventions in Context: A Commentary, Oxford University Press, 2015. ’‘The Status, Rights, and Obligations of Medical and Religious Personnel‘, Chap. 40 in Clapham, Gaeta, and Sassòli, The Geneva Conventions in Context: A Commentary, Oxford University Press, 2015.
Articles
  • ‘Use of Nuclear Weapons and Human Rights’, International Review of the Red Cross, 2016.

 


 Doctoral students co-supervised

  • Alero Itochan Fenemigho (Nigeria) is proposing a study of counter-terrorism policing in Africa under international law 

  • Dickson Kahama (Uganda) is proposing a study of collective accountability for non-state actors for international crimes during non-international armed conflict 

  • Brenda Mwale (Kenya) is proposing a study of the prevention and repression of cyber-terrorism in Africa 

  • Daniel Walyemera is proposing a study of the private prosecution of police torture in Africa

  • Andries Moekoa is proposing a study on accountability for the ptentially unlawful use of remotely piloted aircraft in law enforcement in Africa

 

[last updated: 2 July 2018]

 

Judge Rüdiger Wolfrum: Visiting Scholar

rudiger wolfrum

Judge Wolfrum was an Assistant Professor, Institute of International Law, University of Bonn (1973–1982); Research fellow, Center for Oceans Law and Policy, University of Virginia (1977–1978); Professor of National Public and International Public Law, University of Mainz (1982); Professor, Chair of National Public and International Public Law and Director, Institute of International Law, University of Kiel (1982–1993); Vice-Rector, University of Kiel (1990–1993); Judge at the Courts of Appeal for Administrative Matters, Lüneburg and Schleswig (1986–1993); Director, Max Planck Institute for Comparative Public Law and International Law, Heidelberg (1993–2013); Professor, Faculty of Law, University of Heidelberg (1993–2013); Vice-President, German Research Foundation (1996–2002). Judge Rüdiger Wolfrum is currently an Honorary Professor, of the Faculty of Law, University of Hamburg. He is also an Honorary Professor, of the Faculty of Law, at the University of Pretoria and a Member, Board of the Max Planck Foundation on International Peace and Rule of Law.

Judge Rüdiger Wolfrum is the author and editor of numerous books and articles on various issues of public international law, law of the sea, international environmental law, human rights, United Nations and the Antarctic, including: Internationalization of Common Spaces Outside National Jurisdiction: The Development of an International Administration for Antarctica, Outer Space, High Seas and Deep Seabed.

 

 

 

 

Visitors - Archive

2017

2016

2015

2014

2013

  • Stephan Hobe
    University of Cologne, Germany
    07- 24 February 2013
  • Mr Gift Manyatera
    Midlands State University, Zimbabwe
    17- 21 February 2013; 23 - 30 April 2013; 04 – 18 September 2013; 09 – 11 October 2013
  • Jure Vidmar
    Oxford University
    08 - 23 March 2013
  • Jann Kleffner
    Swedish National Defence College
    27 May – 06 June 2013
  • Professor Henriette Sinding Aasen
    University of Bergen, Norway
    01 August 2013 – 01 May 2014
  • Mr Gedion Timothewos, Doctoral Candidate
    Central European University, Budapest
    15 September – 15 December 2013

2012

  • Mr Gift Manyatera, Doctoral Candidate
    Midlands State University, Zimbabwe
    02 February 2012 – 08 February 2012; 20 March 2012 – 24 March 2012; 18 October 2012 – 02 November 2012
  • Ms Revai Aalbaek, Doctoral Candidate
    University of Pretoria
    7 November 2011 – 31 December 2012
  • Stephan Hobe
    University of Cologne, Germany
    01- 03 November 2012
  • Professor Fernando Loureiro Bastos
    University of Guinea-Bissau/ University of Lisbon, Portugal
    4 February 2012 - 27 June 2013
  • Jann Kleffner
    Swedish National Defence College
    20 August – 30 August 2012

Visitors - 2011

  • Lukas Knott, PhD Student
    Université Paris
    6 - 11 November 2011
  • Prof Atangcho Ndji Akonumbo
    Catholic University of Central Africa
    9 – 12 May 2011
  • Honorary Professor John Dugard
    Leiden University, Netherlands/ University of Pretoria, South Africa
    15 January - 15 March 2011
  • Professor Rainer Grote
    Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany
    25 July - 5 August 2011
  • Stephan Hobe
    University of Cologne, Germany
    7 - 11 February 2011
  • Professor Richard Maimen
    University of Southern Maine, Portland, USA
    5 January - 30 June 2011
  • Ms Iyabo Ogunniran
    University of Lagos, Nigeria
    1 February - 10 May 2011
  • Professor Johan van der Vyver
    Emory University, USA
    5 January - 30 June 2011
  • Ms Lisa Clarke, PhD Candidate
    University of Amsterdam, Netherlands
    5 July - 15 December 2011
  • Charles Jalloh
    University of Pittsburgh, USA
    8 July - 10 Aug 2011
  • Professor Robert Koch
    University of Hamburg, Germany
    1 August - 31 October 2011
  • Harmen van der Wilt
    University of Amsterdam, Netherlands
    1 - 31 August 2011
  • Jann Kleffner
    Swedish National Defence College
    23 August - 7 September 2011
  • Isabelle Deschamps, PHD student
    Mc Gill University
    10 – 20 November 2011
  • Mr Gift Manyatera
    Midlands State University, Zimbabwe
    30 October 2011 – 20 November 2011
  • Miss Katherine Fallah, PHD student
    University of Sidney
    11 November 2011 – 05 December 2011
  • Luwam G Dirar, PHD student
    Cornnel Law School
    30 November 2011 - 29 February 2012

Micha Wiebusch: Visiting Scholar

micha wiebusch

Micha Wiebusch is a researcher (PhD) at the School of Oriental and African Studies (SOAS), University of London. His research considers the norms and practices of the African Union on promoting constitutionalism. Micha is also a visiting research fellow at the United Nations University Institute on Comparative Regional Integration Studies (UNU - CRIS) in the Regional Peace and Security Research Programme.

Micha holds a M.A. in Political Science (Summa Cum Laude) from the University of Geneva in cooperation with the Graduate Institute of International and Development Studies (IHEID), a Master of Laws (LL.M.) (Distinction) from the University of Antwerp and the University of Cape Town with a specialisation in International and European Law, and a Diploma of International and Comparative Law (Honors) from Cornell Law School and Université-Paris I Panthéon-Sorbonne. He has worked at the African Union Commission (AU) in the Department of Legal Affairs. Prior to joining SOAS, Micha worked as a research assistant at the Geneva Centre for the Democratic Control of Armed Forces(DCAF) and as a judicial law clerk at the Belgian Competition Council. Micha’s primary research interests include regional integration in Africa; public international law; comparative constitutional law and politics, constitutional design for divided societies; peace and conflict studies; governance and accountability; law of international organizations; human rights.

 

 

 

Rufaro Audery Mavunga: LLD Student Assistant

rufaroauderymavunga

Rufaro Mavunga holds an LLB and an LLM with specialisation in Labour Law from the University of Pretoria. She is currently an LLD candidate and the topic of her research is on child labour. Her most recent publication is titled: A Critical Assessment of the Minimum Age Convention 138 of 1973 and the Worst Forms of Child Labour Convention 182 of 1999” Potchefstroom Electronic Law Journal Issue 2013(16)5

Her main areas of interest are in Labour Law, Child Law and Human Rights.

Rufaro joined ICLA in 2011 and has been actively involved in conference organisation. She also consults on labour law related matters and has given legal opinions for companies like Retrenchment Assist. Rufaro is also an external marker for many law modules such as Business Law, International Trade Law and Commercial Law.

 

Charles Fombad: Professor of Law

 
charlesfombad

(Lic-en-Drt.(Un. of Yaounde), LL.M., Ph.D (Un of London), Diploma Conflict Resolution (Un of Uppsala).

Home Department: Centre for Human Rights

Fombad is a professor of law and is based in the Institute for International and Comparative Law of the Faculty of Law.

He was previously the Head of Department of Public Law, of the Faculty of Law (2010-2012).

Fombad is member of the Academy of Science of South Africa, a fellow of the Stellenbosch Institute for Advanced Study (STIAS) and Vice President of the International Association of Constitutional Law.

Areas of Research interest- Constitutional law; Comparative Constitutional law: Legal history; Mixed legal systems; and Media law

Publications

Accepted for Publication

  • Article: “Comparative research in contemporary African legal studies" forthcoming in African Journal of Legal Studies
  • Article: “Constitutional entrenchment of decentralisation in Africa: An overview of trends and tendencies,” (forthcoming in Journal of African law).
  • Book chapter: “The diffusion of South African-style institutions? A study in comparative constitutionalism,” in Theunis Roux and Rosalind Dixon, Anthology on Constitutional Triumphs, Constitutional Disappointments: A Critical Assessment of the 1996 South African Constitution's Local and International Influence.

Published during the past five years

  • (with Eric Kibet) “Transformative constitutionalism and the adjudication of constitutional rights in Africa,” 17(2) African Human Rights Law Journal (2017), pp. 340-366.
  • “Designing institutions and mechanisms for the implementation and enforcement of the constitution: Changing perspectives in Africa” 25 (1) African Journal of International and Comparative Law, (2017) pp. 66–90.
  • (with Lukman Abdulrauf) "Personal Data Protection in Nigeria: Reflections on Opportunities, Options and Challenges to Legal Reforms" 38(2) Liverpool Law Review, (2017), pp. 105-134.
  • (With Lukman Abdulrauf), “The African Union’s data protection Convention 2014: a possible cause for celebration of human rights in Africa?” 8 (1) Journal of Media Law (2016), pp. 67-97.
  • “Election Management Bodies (EMBs) in Eastern and Southern Africa: Some Reflections on their Legal Framework,” 15 African and Asian Studies (2016), pp. 289-335.
  • “State, Religion and Law in Cameroon: Regulatory Control, Tension and Accommodation,” 57(1) Journal of Church and State (2015), pp.18-43.
  • “Conceptualising a Framework for Inclusive, Fair and Robust Multiparty Democracy in Africa: The Constitutionalisation of the Rights of Political Parties,” 48(1) Law and Politics in Africa, Asia & Latin America (2015), pp. 3-27.
  • “Strengthening constitutional order and upholding the rule of law in central Africa: Reversing the descent towards symbolic constitutionalism,” 14 African Human Rights Law Journal (2014), pp. 412-448.
  • “Constitution-building in Africa: The Never-ending Story of the Making, Unmaking and Remaking of Constitutions,” 13(4) African and Asian Studies (2014), pp. 429-451.
  • “Gender Equality in African Customary Law: Has the Male Ultimogeniture Rule any Future in Botswana,” 52(3) Journal of Modern African Studies (2014), pp. 475-494.
  • “Appointment of Constitutional Adjudicators in Africa: Some Perspectives on How Different Systems Yield Similar Outcomes,” 46(2) Journal of Legal Pluralism and Unofficial Law (2014), pp. 249-275.
  • “Africanisation of Legal Education Programmes : The Need for Comparative African Legal Studies,” 49(4) Journal of Asian and African Studies (2014), pp. 383-398.
  • (with Gift Manyatera ) “An Assessment of the Judicial Service Commission in Zimbabwe's new Constitution," 67(1) Comparative and International Law Journal of Southern Africa (2014), pp. 89-108.
  • (With Adem K. Abebe), “The Advisory Jurisdiction of Constitutional Courts in Sub-Saharan Africa,” 46(1) George Washington International Law Review (2013), pp. 55-117.
  • (with Serges Alain Kamga) , “A  Critical Review of the Jurisprudence of the African Commission on the Right to Development,” 57(2) Journal of African Law (2013), pp. 196-214.
  • “Some Perspectives on Durability and Change Under Modern African Constitutions,” 11(2) International Journal of Constitutional Law (2013), pp. 382-413.
  • “An Overview of the Constitutional Framework of the Right to Social      Security with Special Reference to South Africa,” 21(1) African Journal of International and Comparative Law (2013), pp. 1-31.
  • “Some Reflections on the Prospects for the Harmonisation of International Business Laws in Africa: OHADA and Beyond,” 59(3) Africa Today (2013), pp. 51-80.
  • “Some Perspectives on Durability and Change Under Modern African Constitutions,” in Eunice Sahle (ed.), Democracy, Constitutionalism, and Politics in Africa;Historical Contexts, Developments, and Dilemmas, (2017), Palgrave Macmillan, pp 61-100 (republication).
  • “An overview of contemporary models of constitutional review in Africa,” in Charles Fombad (ed.), Constitutional adjudication in Africa, Oxford, Oxford University Press (2017), pp. 17-50.
  • “The Cameroonian Constitutional Council: Faithful servant of an unaccountable system,” in Charles Fombad (ed.), Constitutional adjudication in Africa, Oxford, Oxford University Press (2017), pp. 80-96.
  • “Constitutional adjudication and constitutional justice in Africa’s uncertain transition: Mapping the way forward,” in Charles Fombad (ed.), Constitutional adjudication in Africa, Oxford, Oxford University Press (2017), pp. 351-370.
  • Presidential Term Limits through constitutional amendments in Africa: Deconstructing legitimacy,” in Grant Masterson and Melanie Meirotti (eds.), Checks and balances: African constitutions and democracy in the 21st Century, EISA, Johannesburg (2017), pp. 45-58.
  • “Problematising the issue of constitutional implementation in Africa,” in Charles M. Fombad (ed.), The Implementation of Modern African Constitutions: Challenges and Prospects, Pretoria, PULP (2016), pp.10-24.
  • “Constitutional Implementation in perspective: Developing a sustainable normative constitutional implementation framework,” in Charles M. Fombad (ed.), The Implementation of Modern African Constitutions: Challenges and Prospects, Pretoria, PULP (2016), pp.218-235.
  • “The Expansion of Judicial Power in Africa and Democratic Consolidation: Opportunities, Challenges and Future Prospects,” in Muna Ndulo and Mamoudou Gazibo (eds), Growing Democracy in Africa: Elections, Accountable Governance and Political Economy, London, James Currey Publishers (2016), pp. 47-85.
  • “The Evolution of Modern African Constitutions: A Retrospective Perspective”, in Charles Manga Fombad (ed.), Separation of Powers in African Constitutionalism, Oxford, Oxford University Press (2016), pp.13-57.
  • “An Overview of the Separation of Powers under Modern African Constitutions” in, in  Charles Manga Fombad (ed.), Separation of Powers in African Constitutionalism, Oxford, Oxford University Press ( 2016),pp. 58-92.
  • “The Role of Emerging Hybrid Institutions of Accountability in the Separation of Powers Scheme in Africa,” in in  Charles Manga Fombad (ed.), Separation of Powers in African Constitutionalism, Oxford, Oxford University Press ( 2016),pp. 325-344.
  • (with Horace Adjolohoun), “Separation of Powers and the Role of the Public Prosecutor in Francophone Africa,” in  Charles Manga Fombad (ed.), Separation of Powers in African Constitutionalism, Oxford, Oxford University Press ( 2016), pp.359-484.
  • "Cameroon." Encyclopedia of Law and Religion. General Editor Gerhard Robbers. Brill Online, 2015. Reference. http://referenceworks.brillonline.com/entries/encyclopedia-of-law-and-religion/cameroon-COM_00000019
  • (with Madeleine Fombad), “Rethinking Anti-Corruption Strategies in Africa: Constitutional Entrenchment as Basis for Credible and Effective Anti-Corruption Clean-Ups,” in Charles C. Jalloh and Olufemi Elias (eds), Shielding Humanity: Essays in International Law and Policy in Honour of Abdul G. Koroma (Martinus Nijhoff Brill, (2015),pp. 726-773.
  • "Managing Legal Diversity: Cameroonian Bijuralism at a Critical     Crossroads," in Vernon Palmer, Mohamed Mattar and Anna Koppel        (eds), Mixed Legal Systems, East and West., Aldershot, Ashgate      Publishing (2014), pp. 187-217.
  • “Judicial and Jurisprudential Powers of African Constitutional Court Judges,” in Collection of Acts of the Seminar in Cotonou on the Theme: Constitutional Judge and Political Power,” Cotonou, pp.55-65.
  • “The Context of Justice in Africa: Emerging Trends and Prospects,” in Evelyn Edroma (ed.), Rethinking the Role of Law and Justice in Africa’s Development, UNDP, Addis Ababa (2013), pp.3-24.
  • “Botswana,” in Vernon Palmer (ed.), Mixed Jurisdictions Wordwide. The Third Legal Family, 2nd ed., Cambridge, Cambridge University Press, (2012), pp.481-527.
  • Charles M Fombad (ed), Constitutional adjudication in Africa, Oxford,   Oxford University Press (2017).
  •  Charles M. Fombad (ed.), The Implementation of Modern African  Constitutions: Challenges and Prospects, Pretoria, PULP (2016).
  • Separation of Powers in African Constitutionalism, Oxford, Oxford University Press (2016). 
  • (with Salvatore Mancuso), Comparative Law in Africa: Methodologies and Concepts, Juta & Co, Claremont, (2015).
  • The Botswana Legal System, 2nd edit. LexisNexis, Cape Town (2013).

 Doctoral students supervised

2017

 2016

 2015

 2014

 2012

 Students currently registered

  • Legesse Mengie
    The role of Federalism and Federal-type Constitutions in the Realization of Rule of Law Constitutionalism and Democratic Stability the case of Ethiopia and South Africa
  • Mary Agbebaku-Izobo
    Promoting constitutionalism democratic governance and respect for the rule of law in Africa: The role of the African Peer Review Mechanism (APRM)
  • Sonia Vohito Ép. Anyanwu
    The constitutionalisation of the rights of political parties in Africa and its impact on constitutionalism: A comparative study of Central African Republic Senegal and South Africa
  • Jan Erk
    The relationship between traditional laws and modern law in Africa today: A comparative study of the Batswana Oromo and amaXhosa
  • Clement Andeleki
    The independence of judiciary: A case study on constitutional democracy in Zambia
  • Christian Chofor Che
    An analysis of decentralisation under the 1996 Constitution Cameroon
  • Osy Nwebo
    The role of the Pan African Parliament in promoting constitutionalism and democratic governance in Africa: Lessons from supranational parliaments

[last updated 17 April 2018]

Dire Tladi: Professor

 
diretladi

BLC LLB (Pret) LLM (Connecticut) PhD (Erasmus University Rotterdam)

Home Department: Public Law

www.diretladi.com

Tladi is a professor of international law in the Department of Public of Law and a Fellow at the Institute of Comparative and International Law in Africa.  He is a member of the UN International Law Commission and its Special Rapporteur on Peremptory Norm of General International Law (Jus Cogens).  He is also a member of the Institut de Droit International.

He was formerly a Principal State Law Adviser for International Law in the Department of International Relations and Cooperation and the legal advisor of the South African Mission to the United Nations in New York, including during South Africa’s second spell on the UN Security Council.

Tladi has held visiting professorships and fellows at Kobe University and Humboldt University in Berlin. He is former recipient of the Fulbright scholarship.

In addition to teaching at the University of Pretoria, Tladi also presents lectures at the UN regional courses on international law for Africa, Latin America and the Caribbean and Asia.

TEACHING 2018

During 2018, Tladi will present lectures in the international law courses at the LLM level.  He has also presented lectures at the UN Regional Course on International Law for Africa in Addis.

Areas of interest: Public International Law

Publications

Accepted for publication

Book Chapters
  • ‘The Intervention in Côte d’Ivoire in Tom Ruys and Olivier Cortern (eds) International Law and the Use of Force: A Case-Based Approach (OUP, Oxford)
  • “The Use of Force in Self-Defence against Non-State Actors, Decline of Collective Security and the Rise of Unilateralism: Whither International Law in O’Connell, Tams and Tladi The Trialogues on War and Peace: Use of Force Against Non-State Actors (series editors: Anne Peters and Christian Marxsen)(Cambridge, 2018)
Articles
  • ‘Of Heroes and Villains, Angels and Demons: The ICC-AU Tension Revisited(2017) German Yearbook of International Law (forthcoming)
  • (with Aniel de Beer) “The Prohibition of Terrorism as a Norm of Jus Cogens (2017) South African Yearbook of International Law (forthcoming)
  • ‘Immunities, Crimes against Humanity and Other Topics in the Sixty-Ninth Session of the International Law Commission

Published during the past five years

Books
  • The Pursuit of a Brave New World in International Law: Essays in Honour of John Dugard (Brill 2017) (with Maluwa and du Plessis)
  • Blood in the Sand of Justice (2013) (work of fiction)
Chapters in books
  • ‘The Principles of Sustainable Development in the Case Concerning Pulp Mills on the River Uruguay’ in Cordonier Segger (with Weeramantry) (eds) Sustainable Development Principles in the Decisions of International Courts and Tribunals: 1992-2012 (Routledge, 2017), 242-254
  • ‘Pursuing a Brave New World for the Oceans: The Place of the Common Heritage of Mankind in a Proposed Law of the Treaty’ in Maluwa, du Plessis and Tladi The Pursuit of a Brave New World in International Law: Essays in Honour of John Dugard (Brill, 2017) 87 – 113
  • ‘Presence of the Accused, Right or Duty? The Art of Interpretation in a Tense Political Climate in Jalloh and Bantekas (eds) The International Criminal Court and Africa (OUP, 2017)
  • ‘Interpretation of Protection of Civilian Mandates in United Nations Security Council Resolutions in Kuwali and Viljoen (eds.) By All Means Necessary: Protecting Civilians and Preventing Mass Atrocities in Africa (PULP, 2017)
  • ‘Immunities (Article 46 A Bis) in Werle and Voormbaum (eds) The African Criminal Court: A Commentary on the Malabo Protocol (Asser, 2017) 203 – 217
  • ‘Reflections on Advising the South African Government on International Law” in Zidar and Gauci (eds) The Role of Legal Advisers in International Law (Brill, 2017)167-178
  • ‘Interpretation of Treaties in an International Law-Friendly Framework: The Case of South Africa’ in Aust and Nolte (eds) The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence (OUP, 2016) 135-152
  • ‘Conservation and Sustainable Use of Marine Biological Diversity in Areas Beyond National Jurisdiction: Towards an Implementing Agreement” in Rayfuse (ed) Research Handbook in Marine Environmental Law (2015, Routledge)
  • ‘The United Nations Charter and the South African Legal Order’ in de Wet and Hestermeyer (eds) The Implementation of International Law in Germany and South Africa (PULP, 2015) 88-111
  • ‘Challenges and Opportunities in the Implementation of the Supplementary Protocol: Reinterpretation and Re-Imagination’ in Shibata (ed) International Liability Regime for Biodiversity Damage: Nagoya-Kuala Lumpur Supplementary Protocol (Routledge, 2014) 169-179
Articles
  • ‘Interpretation and International Law in South African Courts: The Supreme Court of Appeal and the Al Bashir Saga’ (2016) 16 African Human Rights Law Journal 310
  • ‘The Duty on South Africa to Arrest and Surrender President Al Bashir under South African and International Law’ (2016) 13 Journal of International Criminal Justice 1027
  • ‘The International Law Commission’s Draft Articles on the Protection of Persons in the Event of Disasters: Codification, Progressive Development or Creation of Law from Thin Air?’ (2017) 16 Chinese Journal of International Law 425
  • ‘Progressively Developing and Codifying International Law: The Work of the International Law Commission in its Sixty-Eighth Session” (2016) 41 South African Yearbook of International Law 165
  • ‘Assessing the Legality of Coalition Air Strikes Targeting Islamic State in Iraq and the Levant (ISIS) in Syria under International Law’ (2015) South African Yearbook of International Law 281
  • ‘The Proposed Implementing Agreement: Options for Coherence and Consistency in the Establishment of Marine Protected Areas’ (2015) 30 International Journal of Marine and Coastal Law 654
  • ‘Progressively Developing and Codifying International Law: The Work of the International Law Commission at Sixty-Seventh Session’ (2015) 40 South African Yearbook of International Law 205
  • ‘National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre (Sup Ct App S Afr) – Introductory Note’ (2015) 54 International Legal Materials 152
  • ‘Immunity in the Era of “Criminalisation”: The African Union, the ICC and International Law’ (2015) 58 Japanese Yearbook of International Law 17
  • ‘The Common Heritage of Mankind and the Proposed Treaty on Areas Beyond National Jurisdiction’ (2014) 25 Yearbook of International Environmental Law 113
  • ‘The Immunity Provisions in the AU Amendment Protocol: Separating the (Doctrinal) Wheat from the Normative (Chaff)’ (2015) 13 Journal of International Criminal Justice 3
  • ‘A Horizontal Treaty on Cooperation in International Criminal Matters: The Next Step for the Evolution of a Comprehensive International Criminal Justice System?’ (2014) 29 Southern African Public Law 368
  • ‘Complementarity and Cooperation in International Criminal Justice’ ISS Paper Series 24 November 2014
  • ‘ICC and the UNSC: Point Scoring and the Cemetery of Good Intentions’ 10 October 2014 ISS Today
  • ‘What Will Africa Make of its Opportunity to Lead the ICC’ 30 July 2014, ISS Today
  • ‘When Elephants Collide it is the Grass that Suffers: Cooperation and the Security Council in the Context of AU-ICC Dynamics’ (2014) 7 African Journal of Legal Studies 381
  • ‘State Practice and the Making and Remaking of International Law: The Case of the Legal Rules Relating to Marine Biodiversity in Areas Beyond National Jurisdiction’ (2014) 1 Journal of State Practice and International Law 97
  • ‘The Nonconsenting Innocent State: The Problem with Bethlehem’s Principle 12’ (2013) 107 American Journal of International Law 570
  • ‘The ICC Decisions on Chad and Malawi: On  Cooperation Immunities and Article 98’ (2013) Journal of International Criminal Justice 199

 Doctoral students supervised

  • Aniel de Beer
    Peremptory norms of general international law (jus cogens) and the prohibition of terrorism
  • Yolandi Meyer
    International law and the responsibility of multinational corporations for environmental and human rights abuses in the extractive industries in Africa

 Students currently registered

  • Doris Uwicyeza
    The realisation of complementarity in the Malabo Protocol
  • Milton Owuor
    The International Criminal Court and positive complementarity: Legal and institutional framework
  • Thabani Matshakaile
    Reconfiguring the role of the international criminal law in Africa: Analysing existing systems and finding alternatives to the international law court
  • Courtney Barrett
    A critical analysis of South Africa's decision to withdraw from the International Criminal Court
  • Ron van Diermen
    Development of International Criminal Law: Bridging the gap between international and regional criminal law and international transnational criminal law
  • Darsheenee Raumnauth
    Law and Political Justice: The Case of Diego Islands under International Law

 


[last updated: 29 March 2018] 

Jann Kleffner: Visiting Researcher

jannkleffner v

Visiting date: 3 - 4 March 2016

Prof. Dr. Jann K. Kleffner LL.M. is Professor of International Law and Head of the International Law Centre at the Swedish Defence University. His research is on public international law, with a special focus on the law of armed conflict and peace operations, jus ad bellum, international criminal law, and human rights law (particularly in armed conflicts).

After studies in Germany, the UK and The Netherlands, Jann K. Kleffner obtained LL.M. and PhD degrees in international law from the University of Amsterdam Law School in The Netherlands. Prior to joining the Swedish Defence University, he was Assistant Professor of International Law and Deputy Programme leader of the research programme on 'The Role of Law in Armed Conflict and Peace Operations', at the University of Amsterdam. Professor Kleffner has been a fellow of the Institute for International and Comparative Law in Africa at the University of Pretoria, the Geneva Academy of International Humanitarian Law and Human Rights, and of DePaul University Law School, Chicago, USA.

A member of the Committee on 'Compensation for Victims of War' and of the Study Group on the Conduct of Hostilities of the International Law Association, Professor Kleffner has served as expert and consultant for a number of states, inter-governmental and non-governmental organisations, including the United Nations, the International Committee of the Red Cross, the International Criminal Court, and the International Criminal Tribunal for the Former Yugoslavia. He has also advised law firms in the areas of the law of armed conflict and international criminal law, in addition to fulfilling a number of editorial functions, including as Managing Editor and Member of the Editorial Board of the Yearbook of International Humanitarian Law.

 

Johan van der Vyver: Visiting Researcher

johanvandervyver

Johan D van der Vyver is a former professor of law at the University of the Witwatersrand in Johannesburg, South Africa. He is an expert on human rights law and has been involved in the promotion of human rights in South Africa. From 1990 to 1991.

Professor Van der Vyver was the visiting IT Cohen Professor of International Law and Human Rights at Emory Law School in Atlanta, Georgia. He continued to visit Emory in alternate years to teach courses in international human rights. In 1995, he was appointed as the IT Cohen Professor of International Law and Human Rights at Emory. He also served as a fellow in the Human Rights Programme of the Carter Center from 1995 to 1998. Since January 2010 Professor Van der Vyver has served as an Extraordinary Professor in the University of Pretoria’s Department of Private Law.

He is the author of many books and more than 200 peer reviewed articles, popular notes, chapters in books and book reviews on human rights and a variety of other topics. BCom (1954), LLB( 1956) and BAHons (1965), Potchefstroom University; Doctor Legum, University of Pretoria (1974); Diploma in International and Comparative Law of Human Rights at the International Institute of Human Rights, Strasbourg, France (1986); Doctor Legum (honoris causa), University of Zululand (1993); Doctor Legum (honoris causa), Potchefstroom University (2003).

 

 

Stephan Hobe: Visiting Researcher

stephanhobe

Professor Stephan Hobe is the Holder of the Chair for Public International Law, European Law, European and International Economic Law and Director of the Institute of Air and Space Law, University of Cologne. He has more than 200 publications in the field of Public International Law, European Law, German Public Law, and Air and Space Law, including “Einführung in das Völkerrecht” (Introduction to Public International Law), 9th edition 2008 and “Europarecht” (European Law), 4th edition 2008. He is the Editor of the German Journal of Air and Space Law (ZLW) and of the Series „Studies in Air and Space Law“; co-editor of the looseleaf collection „Space Law – Basic Legal Documents“. Co-editor of a Compendium on Air Law which was prepared in cooperation with Lufthansa, the “Kölner Kompendium des Luftrechts”, volume 1 appeared in spring 2008, volume 2 in May 2009 and volume 3 in January 2010.

 

 

 

Jure Vidmar: Visiting Researcher

jurevidmar

Visiting dates: 27 February – 8 March 2017

Professor Jure Vidmar is Chair of Public International Law at Maastricht University, the Netherlands. Prior to that, he held several teaching and research positions at Oxford University, where he was Research Fellow of St John's College, Research Fellow of the Institute of European and Comparative Law, and a member of the Oxford Law Faculty. He was also a Visiting Fellow at Harvard Law School and a Post-Doc at the Faculty of Law, University of Amsterdam. Professor Vidmar has taught in several areas of law, including public international law, EU law, human rights, public law, jurisprudence, and criminal law. His book 'Democratic Statehood in International law: The Emergence of New States in Post-Cold War Practice' (Oxford, Hart, 2013) was a joint Runner-up for the Society of Legal Scholars Birks Prize for Outstanding Legal Scholarship in 2014. He also co-edited (with Erika de Wet) 'Hierarchy in International Law: The Place of Human Rights' (Oxford, OUP, 2012). Professor Vidmar serves on the editorial board of the Netherlands International Law Review, and is the Editor-in-Chief of the Hague Yearbook of International Law.

Annamaria Viterbo: Visiting Researcher

annamariaviterbo

Annamaria Viterbo is Assistant Professor in International Law at the Faculty of Law of the University of Torino, Italy. She obtained a PhD in International Economic Law from the Bocconi University of Milan. After a Legal Internship at the ECB, she was a Jean Monnet Fellow at the Robert Schuman Center for Advanced Studies of the European University Institute, Florence and Visiting Scholar at the IMF Legal Department. Anna has presented her research both nationally and internationally at conferences organized by ESIL, SIEL and EUSA. She recently published a monograph titled "International Economic Law and Monetary Measures: Limitations to States' Sovereignty and Dispute Settlement" with Edward Elgar.

 

 

 

 

Corlia van Heerden: Professor

 
corliavanheerden

B.PROC (UP); LLB (UP); LLM (UNISA) LLM (UP) LLD (RAU)

Home Department: Mercantile Law

Corlia Van Heerden is a professor in mercantile law and incumbent of the Barclays Africa Chair in Banking Law in Africa. She teaches banking law at the Master’s programme in Banking Law that she established at the University of Pretoria. She also teaches competition law and regularly presents seminars on the National Credit Act 34 of 2005 and Consumer Protection Act 68 of 2008.

TEACHING 2018

During 2018 Professor Van Heerden will teaching at the LLM-module in Banking Regulation, the LLM-module in Banking Law Capita Selecta, the LLM-module in Competition Law and the undergrad elective course in Law of Banking and Financial Institutions.

Areas of interest - Banking regulation; credit law with special focus on enforcement and responsible lending; liability of banks for unauthorised payments; consumer law; competition law and law of civil procedure.

Publications

Accepted for publication

  • Van Heerden “Voluntary surrender: some observations on the importance of section 127 of the National Credit Act 34 of 2005” accepted for publication in volume 1 of THRHR 2018
  • Van Heerden and Steennot “Pre-agreement assessment as a responsible lending tool in South Africa the EU and Belgium: Part 1” accepted for publication in 2018 PELJ
  • Van Heerden and Steennot “Pre-agreement assessment as a responsible lending tool in South Africa, the EU and Belgium: Part 2” accepted for publication in 2018 PELJ

Published during the last five years

Chapters in Books
  • Chapter 11, 12, 14 and 19 in Scholtz et al Guide to the National Credit Act (Lexis Nexis 2008 et seq)(updated annually)
  • Chapter 3, 4, 5 in Naude & Eiselen (eds) Commentary on the Consumer Protection Act (Juta 2014 et seq) (updated annually)
  • Chapter 8 in Sharrock et al The law of Banking and Payment in South Africa (Juta 2016)
  • Chapter 6, 7, 12, 13, 14 in Theophilopoulos, Van Heerden and Boraine Fundamental Principles of Civil Procedure (LexisNexis)
Journal articles
  • Van Heerden “Perspectives on Section 85 of the National Credit Act 34 of 2005” 2013 De Jure (4) 968
  • Van Heerden and Roestoff “Over-indebtedness under the National Credit Act as a bona fide defence to summary judgment” (2014) 2 De Jure 276
  • Roestoff and Van Heerden “Nedbank Ltd v Swartbooi: Termination of Debt Review not the end of the road for over-indebted consumers” 2014 De Jure 140
  • Botha and Van Heerden “The Protected Disclosure Act 26 of 2000, the Companies Act 71 of 2008 and the Competition Act of 1998 with regard to whistleblower protection: is there a link?” 2014 TSAR 337
  • Van Heerden and Renke “Perspectives on Selected Aspects of the Registration of Credit Providers in terms of the National Credit Act 34 of 2005 Part 1” 2014 THRHR 614
  • Otto, Van Heerden and Barnard “Redress in terms of the National Credit Act and the Consumer Protection Act for Defective Goods sold and financed in terms of an Instalment Agreement” 2014 26 SA Merc Law Jnl 247
  •  Van Heerden and Renke ‘Perspectives on the South African responsible lending regime and the duty to conduct pre-agreement assessment as a responsible lending practice’ 2015 International Insolvency Review online 67
  •  Van Heerden and Boraine ‘The impact of section 129(1)(a) of the National Credit Act 34 of 2005 on the prescription of credit agreement debt’ 2015 THRHR 457
  • Van Heerden and Botha “Challenges to the South African Corporate Leniency Policy and Cartel Enforcement” 2015 TSAR  308
  • Van Heerden and Renke “Perspectives on Selected Aspects of the Registration of Credit Providers in terms of the National Credit Act 34 of 2005: Part 2” 2015 THRHR 80
  • Brink and Van Heerden  ‘The need for an international trade tribunal’ 2016 SALJ 409
  • Van Heerden and O’Reilly ‘ Debt restructuring, partisan debt counsellors , costs and other important debt counselling issues: Firstrand Bank and Another v Barnard and Another 2015 JDR 1614 (GP) 2016 THRHR 632
  • Van Heerden and Beyers ‘ Dynamic Affordability Assessment in the context of the South African National Credit Act 34 of 2005’ 2016 Journal of International Banking Law and Regulation 446
  • Brits, Coetzee and Van Heerden “The reinstatement of credit agreements in terms of the National Credit Act 34 of 2005: Quo Vadis?” 2017 THRHR 177
  • Van Niekerk and Van Heerden “Twin Peaks : the role of the South African central bank in promoting and maintaining financial stability” 2017 THRHR 636
  • Van Heerden “The Rescue of African Bank: a Step Forward in Banking Regulation in South Africa (2017) 32 Journal of International Banking Law and Regulation 350
  • Van Heerden and Van Niekerk “Twin Peaks in South Africa: a new role for the central bank” 2018 Law and Financial Markets Review 1

 


 Doctoral students supervised

 2016

 2015

 2013

 2012
  • Stefan Renke
    An evaluation of debt prevention measures in terms of the National Credit Act 34 of 2005

 Students currently registered

  • Sarah Tennant
    Strict product liability in South Africa in comparative perspective: An analysis of the concept of ‘defect’ and the statutory defences available to participants in the supply
  • Tendai Jangara
    Privacy, the protection of personal information and trans-border cloud computing: An EU perspective and a South African regulatory and policy framework
  • Gerhardus Koen
    The regulation of credit bureaus in South Africa
  • Morongoe Nkisi
    A discussion of the practice of unsecured lending: The case of South Africa
  • Jacqueline Church
    The role of public interest in merger regulation in South Africa in the light of the Competition Act 89 of 1989
  • Michel Koekemoer
    Aspects of the South African law of security rights in movable property
  • Matsietso Matasane
    Reinforcing financial stability in South African Banking sector through the Introduction of an explicit deposit insurance
  • Martha van Niekerk
    The role of the central bank in promoting financial stability in South Africa
  • Collen Kgapane
    To what extent has the responsibilities and duties of directors of companies transformed over time in ensuring that the interests of shareholders, employees and other stakeholders are protected?
  • Mamofana Lichaba
    A comparative appraisal of the designation and the regulation of systemically important financial institutions
  • Henry Lugulu
    A comparative appraisal of the Kenya Deposit Insurance Act, 2012
  • Priscilla Njako
    An evaluation of merger analysis under the Kenyan Competition Act
  • Philip Bouwer
    As assessment of South Africa's political approach to competition regulation
  • Ashley Nyaude
    Curatorship as a measure to prevent bank failures in Zimbabwe
  • Yonela Diko
    The Application of the Law of Set-off in the South African Banking Sector
  • Brian Kiautha
    Aspects of Bank Resolution in Kenya
  • Sylvia Papadopoulos
    An analysis of current and/or proposed South African protection measures for online consumers

 [last updated: 29 May 2018]

Eliza Garnsey: ICLA Fellow

eliza garnsey

Eliza Garnsey is a PhD Candidate in the Department of Politics and International Studies at the University of Cambridge. Before going to Cambridge she worked for the Australian Strategic Policy Institute (a national security think tank), as well as in the arts industry, managing and curating exhibitions. Most recently, Eliza was the Gallery Manager of the South African Pavilion at the 2013 Venice Art Biennale. She holds a Masters of International Affairs from the Australian National University, a Master of Studies in Art History and Visual Culture from the University of Oxford, and a Bachelor of Art Theory (Honours) from the University of New South
Wales.

Eliza’s doctoral research focuses on the relationship between transitional justice and visual art. At the heart of the research lies an urge to comprehend how the past shapes the present and how the present shapes the past through visual art. The theoretical inquiry into the relationship between transitional justice and visual art is developed by an in-depth case study of ‘post-apartheid’ South African visual art across three analytical levels:

1. Transnational level: the exhibition, Imaginary Fact: Contemporary South African Art and the Archive, at the South African Pavilion, 55th International Art Biennale in Venice, Italy.!
2. National level: the art collection of the Constitutional Court in Johannesburg.
3. Local level: an individual artist and body of artwork in South Africa.

The research is situated between the disciplines of international relations and art theory, and is approached through a critical-interpretive lens, grounded in meaning and reflexivity.

 

Elif Askin: Visiting Researcher

"Elif

Elif Askin, MLaw, is a Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany, and a PhD Candidate at the University of Basel, Switzerland. Her doctoral research, under the supervision of Professor Anne Peters, examines the issue of extraterritoriality related to social human rights.

Elif studied law and political science at the Universities of Basel and Zürich and holds a Master Degree in International Law from the University of Basel.

Her current research interests relate to international human rights law, international law on the use of force, global governance and democracy in international law and Swiss and Turkish constitutional law.

Dennis Mutua Ndambo: LL.D candidate

Dennis Mutua Ndambo

Dennis Ndambo is an LL.D candidate at the Faculty of Law of the University of Pretoria. His doctoral thesis is titled “The Use of International Human Rights Law by Superior National Courts: A Comparative Study of Kenya and South Africa.” Prof. Erika de Wet and Prof. Magnus Killander are his supervisors.

Dennis graduated with an LL.B from the University of Nairobi in 2005. He passed the Bar Exam at the Kenya School of Law in December 2006 and was admitted to the Bar as an Advocate of the High Court of Kenya in December 2007. He graduated from the University of Warwick in 2010 with a Distinction in International Development Law and Human Rights (LL.M), and his dissertation was published in the first edition of the Warwick Student Law Review.

Dennis is currently a full-time lecturer at the Catholic University of Eastern Africa as well as a part-time lecturer at the Kenyatta University. His main teaching and research interests are in International Law subjects, particularly Public International Law, International Human Rights Law, International Humanitarian Law, International Criminal Law, and International Environmental Law. In addition, he has taught Legal Systems & Methods, Social Foundations of Law, and Trust & Trust Accounts.

Adele Kirschner: Research Fellow

adele kirschner

Adele Kirschner is a research fellow at the Max Planck Foundation for International Peace and the Rule of Law in Heidelberg, Germany. She is also pursuing a PhD, under the supervision of em. Prof. Dr. Rüdiger Wolfrum at the University of Heidelberg. Her doctoral dissertation is concerned with questions of interaction between the human right to water and the law of transboundary water sharing. Prior to joining the Max Planck Foundation she was a research fellow at the Max Planck Institute for Comparative Public Law and International Law (MPIL) in Heidelberg, Germany from 2010-2012. She was a member of the Institute's project on water conflicts in international law, but also occasionally worked for the Africa Projects of the MPIL’s Global Knowledge Transfer Group. She also gave lectures at the law faculty of the University of Heidelberg, where she taught classes in public international law from 2010-2013.

Adele studied law at the Universities of Heidelberg and Geneva. Her current research interests include questions of extraterritoriality of international human rights law (in particular economic, social and cultural rights), international water law and the interaction of international environmental and human rights law in general.

 

 

 

Media

To view the Institute for International and Comparative Law in Africa (ICLA) photo galleries and videos by various speakers, please click on the links below:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Photos

Seminar on the death penalty at the African Court, 16 September 2018


Justice Albie Sachs having lunch with members of the TuksLaw Moot Society, 13 November 2017


Special Rapporteur on extrajudicial, summary or arbitrary executions


Research Discussion: Romi Brammer, 17 April 2012


Luwam Dirar's farewell, 14 March 2012


Research Discussion: Luwam Dirar, 14 March 2012


SADC Conference, 13 March 2012


Research Discussion: Katherine Fallah, 22 November 2011


End of Year Dinner Function, 15 November 2011


Official Opening of the Institute, 1 - 2 August 2011


Videos

Professor Christof Heyns

Lethal in disguise

Professor Harmen van der Wilt

'International Criminal Law'
University of Amsterdam, Netherlands
1 - 31 August 2011

Running time: 00:08:12
Language: English
URL: http://www.youtube.com/watch?feature=player_embedded&v=z9113qtmVrU&list=UUXDy0fFBYhU588I1RosOW0Q


Professor Johan van der Vyver

'Group Rights'
Emory University, USA
5 January - 30 June 2011

Running time: 00:09:38
Language: English
URL: http://www.youtube.com/watch?feature=player_embedded&v=g7-CZL86QSQ&list=UUXDy0fFBYhU588I1RosOW0Q


Assistant Professor Charles Jalloh

"The Concept of 'the greatest responsibility' in the Special Court for Sierra Leone"
University of Pittsburgh, USA
8 July - 10 Aug 2011

Running time: 00:05:15
Language: English
URL: http://www.youtube.com/watch?list=UUXDy0fFBYhU588I1RosOW0Q&v=vIQ0nmIeokI&feature=player_embedded


Professor Danie Visser

'The Role of Culture in Comparative Law'
University of Cape Town, South Africa

Part 1

Running time: 00:04:58
Language: English
URL: http://www.youtube.com/watch?v=UBGjW9QxhzA&list=UUXDy0fFBYhU588I1RosOW0Q&feature=player_embedded

Part 2

Running time: 00:05:19
Language: English
URL: http://www.youtube.com/watch?v=pcj-Ey-klc4&list=UUXDy0fFBYhU588I1RosOW0Q&feature=player_embedded

Arthur Chaskalson

'Introduction to the Constitution of South Africa'
Former President of the Constitutional Court and former Chief Justice of South Africa

Part 1

Running time: 00:04:57
Language: English
URL: http://www.youtube.com/watch?v=z75ISAotC2Q&list=UUXDy0fFBYhU588I1RosOW0Q&feature=player_embedded

Part 2

Running time: 00:09:52
Language: English
URL: http://www.youtube.com/watch?v=ZjbGppwpUzk&list=UUXDy0fFBYhU588I1RosOW0Q&feature=player_embedded

Christof Heyns: Director of ICLA; Professor of Human Rights Law

 
christofheyns

MA LLB (UP) LLM (Yale) PhD (Wits)

Home Department: Centre for Human Rights

Christof Heyns is professor of human rights law at the University of Pretoria and a member of the United Nations Human Rights Committee. He teaches human rights law in the Masters’ programme at Oxford University, is an adjunct professor at the American University in Washington DC, and was a visiting professor at the University of Geneva in 2016.

Heyns was UN Special Rapporteur on extrajudicial, summary or arbitrary executions 2010 – 2016. During 2016 he chaired the UN Independent Investigation on Burundi.

He holds degrees in law and philosophy from the Universities of Pretoria, the Witwatersrand and Yale Law School. He has been a Humboldt Fellow at the Max Planck Institute in Heidelberg and a Fulbright Fellow at Harvard Law School.

TEACHING 2018

During 2018 Heyns will teach in the human rights as well as the international law Masters programmes and the LLB interntional law course at the Univerity of Pretoria; the Transitional Justice Masters programme of the Geneva Academy of International Humanitarian Law and Human Rights; the Masters programme in international human rights law at Oxford; and the Summer Programme in human rights of the American University in Washington DC.

Publications

Some current projects

  • A book with colleagues on the role of commissions of inquiry into right to life violations in Africa
  • An article with colleagues on the 2016 Minnesota Protocol on the investigation of potentially unlawful death
  • An article with colleagues on the history of the UN mandate on extrajudicial, summary or arbitrary executions
  • An article with colleagues on the right to political participation in Africa
  • A reader on the right to life

Published during the last five years

Books
  • Compendium of key human rights documents of the African Union (editor with Magnus Killander) Pretoria University Law Press, 2016, 6 th edition (420 pp)
Chapters in books
  • ‘”Unmanned” Weapons: Looking for the Gender Dimensions’ in Ni Aolain, F et al (eds) Oxford handbook on gender and conflict (OUP, 2017) (with Tess Borden)
  • ‘Africa’ in Moeckli, D et al (eds) International Human Rights Law (3rd edition, OUP, 2017) (with Magnus Killander) (update of earlier chapter) 465 - 481
  • ‘The right to life and the progressive abolition of the death penalty’ in De Guzman, M (ed) Arches of justice: Essays in honour of William A. Schabas (OUP, 2017) (with Tess Borden and Thomas Probert) 117 - 135
  • ‘Jan Smuts en die Verenigde Nasies’ [‘Jan Smuts and the United Nations’] Du Pissani (ed) Jan Smuts: ‘n Herwaardering [‘Jan Smuts: A reappraisal’] (Protea 2017) (with Willem Gravett) 397 - 424
  • ‘Casting fresh light on the supreme right: The African Commission’s General Comment 3 on the right to life’ Tladi, D et al (eds) The pursuit of a brave new world in international law: Essays in honour of John Dugard (Brill 2017) (with Thomas Probert) 45 - 72
  • ‘A human rights perspective on autonomous weapons in armed conflict: The rights to life and dignity’ in Robin Geiss (ed) Lethal autonomous weapons systems: Technology, definition, ethics, law and security (Expert opinions delivered at the CCW informal meeting of experts on lethal autonomous weapons systems, Geneva 11 to 15 August 2016) (German Federal Foreign Service 2017) 148 - 159
  • ‘Autonomous weapons systems: Living a dignified life and dying a dignified death’ in Bhuta, N et al (eds) Autonomous Weapons Systems: Law, Ethics, Policy, (Cambridge University Press, 2016) 3 - 19
  • ‘Coming to terms with drones’ in Cortright, D et al (eds) Drones and the future of armed conflict (University of Chicago Press, 2015) vii - xi
  • ‘The right to life and the progressive abolition of the death penalty’ in Simonowic, I (United Nations publication, 2015) (with Thomas Probert) 214-226
  • ‘Universality and the growth of regional human rights systems’ in Shelton, D (ed) The Oxford Handbook of International Human Rights Law (Oxford University Press, 2013) (with Magnus Killander) 670 - 698
Articles
  • ‘”To save succeeding generations from the scourge of war”: Jan Smuts and the ideological foundations of the United Nations’ 39 Human Rights Quarterly (2017) 574 - 605
  • ‘Autonomous weapons in armed conflict: The right to a dignified life’ 33 South African Human Rights Law Journal (2017) 46 - 71
  • ‘The international law framework regulating the use of armed drones’ 65 International and Comparative Law Quarterly (2016) 791 – 827 (with Dapo Akande et al)
  •  ‘Human rights and the use of autonomous weapons systems (AWS) during domestic law enforcement’ 38 Human Rights Quarterly (2016) 350 - 378
  • ‘The long term human rights implications of targeted killings’ 54 Harvard International Law Journal (2013) 101- 114 (with Sarah Knuckey)
  • ‘Protecting the right to life of journalists: the need for a higher level of engagement’ 36 Human Rights Quarterly (2013) 304 – 332 (with Sharath Srinivasan)

 


 Doctoral students supervised

2017

 2015

 2010
  • Waruguru Kaguongo (Kenya)
     'Available resources’ and the the realization of economic and social rights, with special reference to national budgets (co-supervisor)

 2009

 2006

 2002

 1998
  • Henk Botha
    The legitimacy of law and the politics of legitimacy: Beyond a constitutional culture of justification (co-supervisor)

 1997
  • Frans Viljoen
    The realisation of human rights in Africa through inter-governmental institutions

 Doctoral students currently registered with Christof Heyns

  • Tino Chinyoka (Zimbabwe) is doing a survey of the protections of the right to life in Zimbabwe and in South Africa (ranging from regulation of gatherings to duty to investigate)

  • Dennis Chipao (Malawi) is doing an analysis of how the Malawi Police Service can take advantage of new technologies to monitor and improve the effectiveness and accountability of “manual” policing (co-supervised by Thomas Probert)

  • Alero Itohan Fenemigho (Nigeria) is doing a study of counter-terrorism policing in Africa under international law (co-supervised by Stuart Maslen)

  • Dumisani Gandhi (Zimbabwe) is exploring the relationship between new technologies and more effective or accountable policing, with a critique of deterministic optimism projected from a northern evidence-base (co-supervised by Thomas Probert)

  • Anne Ireri (Kenya) is investigating the Kenyan Police Service in terms of their capacity for forensic investigation (co-supervised by Thomas Probert)

  • Dickson Kahama (Uganda) is studying collective accountability for non-state actors for international crimes during non-international armed conflict (co-supervised by Stuart Maslen)

  • Brenda Mwale (Kenya) focusses on prevention and repression of cyber-terrorism in Africa (co-supervised by Stuart Maslen)

  • Ben Christopher Nyabira (Kenya) investigates the levels of violence in Kenya and the institutional arrangements for the collection of such data at national level. (co-supervised by Thomas Probert)

  • Dagnachew B. Wakene (Ethiopia) is working on violence against persons with disabilities

  • Daniel Walyemera is proposing a study of the private prosecution of police torture in Africa (co-supervised by Stuart Maslen)

[last updated 28 June 2018]

 

Thomas Probert

thomasprobert

MA M.Phil. Ph.D. (Cantab)

Home Department: Centre for Human Rights

Thomas Probert is the Head of Research of the new international collaboration “Freedom from Violence”, initially housed at ICLA, which is an initiative to establish a research network that brings together researchers from across the African continent focussing on evidence-based and human-rights based approaches to the problem of violence.

He acted as a Research Consultant to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions from 2013 – 2016, based from 2015-6 in the Office of the High Commissioner for Human Rights in Geneva. He still works closely with OHCHR, particularly in supporting its work under the Addis Ababa Roadmap, which guides collaboration with the African Commission on Human and Peoples’ Rights.

He is also a Research Associate of the Centre of Governance and Human Rights at the University of Cambridge.

Areas of interest: Politics of human rights (in global and regional settings), accountability, the death penalty, trends in interpersonal violence, evidence-based policy-making with respect to violence, the history of human rights

Publications

Published during the last five years

Chapters in books
  • ‘The right to life and the progressive abolition of the death penalty’ De Guzman, M et al (eds.) Arcs of Global Justice: Essays in Honour of William A. Schabas (OUP, 2017) (with Christof Heyns and Tess Borden)
  • ‘The role of the UN Human Rights Council Special Procedures in protecting the right to life in armed conflicts’ in Dan Kuwali & Frans Viljoen (eds.) By all means necessary: Protecting civilians and preventing mass atrocities in Africa (PULP, 2017)
  • ‘Casting fresh light on the supreme right: The African Commission’s General Comment 3 on the right to life’ Dire Tladi et al. (eds) The Pursuit of a Brave New World in International Law: Essays in Honour of John Dugard (Brill, 2017) [with Christof Heyns]
  • ‘Special Procedures in the Digital Age’ in A. Nolan, R. Freedman and T. Murphy, The United Nations Special Procedures System (Brill, 2017) [with Ella McPherson]
  • ‘The right to life and the progressive abolition of the death penalty’ in Moving Away from the Death Penalty: Argument, Trends and Perspectives (New York: United Nations, 2015) [with Christof Heyns]
Policy Briefs/Research Reports
  • ‘Police attitudes and crowd management in Africa: Exploring the impact of soft-law instruments and training in Malawi’ African Policing Civilian Oversight Forum / Danish Institute for Human Rights (August 2018)
  • ‘Vehicles for accountability or cloaks of impunity? How can national commissions of inquiry achieve accountability for violations of the right to life?’ Institute for Justice & Reconciliation Policy Brief No.25 (May 2017)
  • Unlawful Killings in Africa (University of Cambridge: Centre of Governance and Human Rights, 2014) [editor]
Blogs/Journalism
  • ‘Implementation of the Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa: Practical challenges’ Police and Human Rights in Africa Newsletter No.11 (April 2018)
  • ‘Securing the Right to Life: A cornerstone of the human rights system’ EJILTalk (11 May 2016) [with Christof Heyns]
  • ‘The New African Commission General Comment on the Right to Life is an Important Step Forward’ Just Security (17 December 2015)
  • ‘The power of information communication technologies for human rights’ Human Rights Monitor (7 July 2015) [with Christof Heyns]
  • ‘Violence: An issue for public health’ Vision (Autumn 2014) pp.15-18.
  • ‘How the death penalty is slowly weakening its grip on Africa’ African Arguments (9 October 2014)

 Doctoral students co-supervised

  • Dennis Chipao (Malawi) is proposing an analysis of how the Malawi Police Service (in which he currently serves) can take advantage of new technologies to monitor and improve the effectiveness and accountability of “manual” policing

  • Dumisani Gandhi (Zimbabwe) is proposing a thesis exploring the relationship between new technologies and more effective or accountable policing, with a critique of deterministic optimism projected from a northern evidence-base 

  • Anne Ireri (Kenya) is proposing an investigation into the Kenyan Police Service in terms of their capacity for forensic investigation 

  • Ben Christopher Nyabira (Kenya) is proposing an investigation into levels of violence in Kenya, sceptical of official data and proposing research into the institutional arrangements for the collection of such data at national level. 

[last updated 17 April 2018]

Paul Ogendi: Visiting Researcher

paulogendi

Paul Ogendi is an advocate of the High Court of Kenya. He is also a right to life researcher at the African Commission on Human and Peoples' Rights, Institute for International and Constitutional Law and the Centre for Human Rights (CHR). He holds an LLM (Human Rights and Democratisation in Africa) and LLM (Public International Law) from the University of Pretoria and the University of Nairobi respectively.

 

 

Ruiyi Li: Visiting Researcher

ruiyili

Dr Ruiyi Li is an assistant professor in the School of Law at Nankai University since 2013. She was a post-doctoral researcher in the School of Law at Tsinghua University from 2011-2013. She was awarded the Ph.D degree in Constitutional and Administrative Law by Renmin University in 2011, and the LL.M in EU Law by the University of Bristol in 2007. From 2009 to 2010, she was a Research Associate at Balliol College, University of Oxford. In 2012, she was invited to do research in the Comparative and Public Law Centre at the University of Hong Kong.

Research interests: Comparative public law, Constitutional Law, Hong Kong Basic Law, EU Law

 

 

Thompson Chengeta: Non-Resident Fellow

thompsonchengeta

Dr. Thompson Chengeta studied law at Harvard Law School (LL.M), University of Pretoria (LL.D, LL.M) and Midlands State University (LL.B). He works on the mandate of the United Nations Special Rapporteur on Extra-judicial killings, summary or arbitrary executions. Previously, he has worked as a Lecturer of Law at Midlands State University where he taught Public International Law, International Humanitarian Law, International Human Rights Law and International Criminal Law. Dr. Chengeta has also worked as an attorney at Gundu and Dube Legal Practitioners and as a prosecutor with the Attorney General’s Office in Zimbabwe. He has experience with international organisations like the United Nations Office of the High Commissioner for Human Rights in Switzerland and the International Criminal Court in Netherlands. His expertise is in the following fields: international weapons law, international humanitarian law, international human rights law, international criminal law. Dr. Chengeta’s current research and interests are in the following fields: Chinese investments and human rights in Africa; Displacement, migration and human rights; human rights advocacy in the Islamic world; historical injustices and transitional justice; racial and sexual minority rights; and international weapons law.

 

 

 

Pumeza Matwa: Office Administrator

pumezamatwa

Pumeza completed her matric at All Saints College. She holds a Marketing Diploma from Nelson Mandela Metropolitan University in Port Elizabeth.

She has worked for Edcon Financial Services as a Customer Service Consultant. She has previously worked at the Department of Public Law as a Secretary.

Romi Brammer: Researcher

romibrammer

Romi holds a LLB (cum laude) degree and a LLM (Public international law) degree from the University of Pretoria.

In 2010, Romi started working as a researcher at ICLA for the Special Rapporteur on extrajudicial, summary or arbitrary executions. Prior to that, she worked at the now defunct Refugee Legal Centre, in the United Kingdom as a litigation assistant. She has subsequently worked as a candidate attorney at the UP Law Clinic and was admitted as an attorney in 2010.

In February 2013, Romi carried out an internship at the Office of the High Commissioner for Human Rights, in Geneva.

James Fowkes: Post-doctoral Fellow

jamesfowkes

Dr James Fowkes is a Senior Researcher, Institute for International and Comparative Law in Africa. James Fowkes completed his LLM (2010) and JSD (2014) at Yale Law School, where he was a Fulbright and Skye Foundation scholar. His doctoral dissertation, under the supervision of Prof. Bruce Ackerman, presents a revisionary account of the South African Constitutional Court, its approach to interpretation and its relationship with the ANC since 1994.  In 2008, James was law clerk to Justice Van der Westhuizen of the South African Constitutional Court, and in 2009 taught constitutional law and moot court at the University of the Witwatersrand and was a researcher at the South African Institute for Advanced Constitutional, International, Human Rights and Public Law (SAIFAC). Prior to coming to the Institute, James was a Visiting Research Fellow at the Max Planck Institute for Comparative and International Private Law, Hamburg, and at the Max Planck Institution for Comparative Public Law and International Law, Heidelberg. A former national debating champion, in 2007 Mr Fowkes served as Chairman of the South African Schools Debating Board.

Research interests: Comparative constitutional and administrative law; international humanitarian law and peacekeeping; legal theory; legal history; institutional design and civil procedure with a special focus on access to justice

 

 

Michaela Hailbronner: Post-doctoral Fellow

michaelahailbronner

Dr Hailbronner is a Humboldt Research Fellow at ICLA, where she researches the role of courts in transformative legal systems, particularly in the Global South. She holds two German Law Degrees (Freiburg 2007, Berlin 2009) and an LL.M. (2010) and J.S.D. (2013) from Yale Law School, for which she was awarded grants by the Zempelin Foundation, the DAAD and the German National Merit Foundation. In her doctoral thesis, which was supervised by Bruce Ackerman and will be published by Oxford University Press under the title “Traditions and Transformations: The Rise of German Constitutionalism”, she develops an explanatory account of the German Constitutional Court’s strong authority and its particular style of jurisprudence as it has emerged over the last sixty years. For her article in the International Journal of Constitutional Law “Rethinking the rise of the German Constitutional Court: From anti-Nazism to value formalism”, she was awarded the inaugural ICON best paper award of 2014.

Before joining ICLA, Dr. Hailbronner was a Senior Research Fellow at the Max Planck Institute for Comparative Public and International Law in Heidelberg, a law clerk in the German Foreign Office and the Federal Department for Economic Cooperation and Development and taught Constitutional Law at Humboldt University.

 

 

 

Michael Lysander Fremuth: Visiting Researcher

michael lysander fremuth

Dr Fremuth works as a research fellow and senior lecturer at the University of Cologne. His fields of interests are Public International and European Union Law as well as Constitutional Law and Philosophy of Law. He works particularly on questions of Human Rights, Security Law, Terrorism and Globalisation as well as on topics related to the United Nations. He has written books on the Supranationality of the EU (2011) and on Human Rights (2014). He is currently working on a book on the impact of Globalisation on Statehood.

Dr Fremuth gained practical experience working for the EU-Commission and the Permanent Mission of the Federal Republic of Germany to the United Nations.

He is board member of the German United Nations Association (UNA). In addition, he is Founder and President of the Northrhine-Westfalian branch of German-UNA.

Furthermore, he is speaker of the Commission on International Affairs of Amnesty International in Germany.

 

 

Jeanique Pretorius: Doctoral Student

Jeanique Pretorius

Jeanique Pretorius is an LLD candidate and researcher affiliated with the SARChI Professorship in International Constitutional Law at the Institute for International and Comparative Law in Africa. Her doctoral thesis is entitled ‘The protection of the natural environment in non-international armed conflict under international treaty law’. Professor Erika de Wet and Professor Jann Kleffner (Swedish Defence University) are her supervisors.

Jeanique worked as legal research assistant to Ambassador Marie Jacobsson, United Nations International Law Commission Special Rapporteur on the Protection of the Environment in Non-International Armed Conflict at the 2016 International Law Commission sessions in Geneva, Switzerland. From December 2015- January 2016 she received financial support from a Von Humboldt Institutional Partnership to conduct doctoral research at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany. In 2016, she conducted research as a Van Calker scholar at the Swiss Institute of Comparative Law in Lausanne, Switzerland for three months. She also received a 7-month DAAD scholarship to conduct research at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg in 2016.

Jeanique graduated with an LLB from the University of Pretoria in 2013. She completed an LLM in International Law: Human Rights and Humanitarian Law in Military Operations at the University of Pretoria in 2014, with distinction. During her studies she has worked and as a student assistant at the Institute for International and Comparative Law in Africa, as an academic associate in the Department of Private Law at the University of Pretoria and as an editor at the Language Centre of the University of Pretoria.

Her main research interests are public international law, international humanitarian law, international environmental law and international human rights law.

 

Contact us

about1

Contact details
Institute for International and Comparative Law in Africa (ICLA)
Faculty of Law
University of Pretoria
Hatfield, Pretoria, South Africa
Telephone: +27 (0) 12 420 6217
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.icla.up.ac.za

 

GPS Co-ordinates
25.7545° S, 28.2314° E

Physical address
University of Pretoria, cnr Lynnwood Road and Roper Street, Hatfield, South Africa

Postal address
University of Pretoria, Private bag X20, Hatfield 0028, South Africa


Map of the Institute for International and Comparative Law in Africa (ICLA)

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Directions to the University of Pretoria

Directions from Johannesburg/OR Tambo International Airport
Take the R21 towards Pretoria. Take the N1 North towards Polokwane until you reach the Lynnwood Road off-ramp. Follow Lynnwood Road left (west), passing several traffic lights. At the second set of traffic lights after Jan Shoba Street (previously Duncan Street) you will find UP’s main entrance on your right. 

Directions from Polokwane
Take the N1 South towards Johannesburg until you reach the Lynnwood Road offramp. Follow Lynnwood Road right (west), passing several traffic lights. At the second set of traffic lights after Jan Shoba Street (previously Duncan Street) you will find UP's main entrance on your right. 

Directions from the west
Follow Frances Baard Street (previously Schoeman Street) or Stanza Bopape Street (previously Church Street ) in an easterly direction until you reach Gordon Road. Turn right into Gordon Road, which later becomes Jan Shoba Street (previously Duncan Street). Pass several traffi c lights and turn right into Lynnwood Road. Drive 0,8 km until the second traffic light, then UP’s main entrance is on your right. 

Map & Directions

Contact details
Institute for International and Comparative Law in Africa (ICLA)
Faculty of Law
University of Pretoria
Hatfield, Pretoria, South Africa
Telephone: +27 (0) 12 420 6217
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.icla.up.ac.za

Physical address
University of Pretoria, cnr Lynnwood Road and Roper Street, Hatfield, South Africa
Postal address
University of Pretoria, Private bag X20, Hatfield 0028, South Africa


Map of the Institute for International and Comparative Law in Africa (ICLA)

JavaScript must be enabled in order for you to use Google Maps.
However, it seems JavaScript is either disabled or not supported by your browser.
To view Google Maps, enable JavaScript by changing your browser options, and then try again.


Directions to the University of Pretoria

Directions from Johannesburg/OR Tambo International Airport
Take the R21 towards Pretoria. Take the N1 North towards Polokwane until you reach the Lynnwood Road off-ramp. Follow Lynnwood Road left (west), passing several traffic lights. At the second set of traffic lights after Jan Shoba Street (previously Duncan Street) you will find UP’s main entrance on your right. Loftus Versfeld rugby stadium is 600 metres past the UP entrance. Pass the stadium and use the circle at the church to turn around if necessary.

Directions from Polokwane
Take the N1 South towards Johannesburg until you reach the Lynnwood Road offramp. Follow Lynnwood Road right (west), passing several traffic lights. At the second set of traffic lights after Jan Shoba Street (previously Duncan Street) you will find UP's main entrance on your right. Loftus Versfeld rugby stadium is 600 metres past the UP entrance. Pass the stadium and use the circle at the church to turn around if necessary.

Directions from the west
Follow Frances Baard Street (previously Schoeman Street) or Stanza Bopape Street (previously Church Street ) in an easterly direction until you reach Gordon Road. Turn right into Gordon Road, which later becomes Jan Shoba Street (previously Duncan Street). Pass several traffi c lights and turn right into Lynnwood Road. Drive 0,8 km until the second traffic light, then UP’s main entrance is on your right. Loftus Versfeld rugby stadium is 600 metres past the UP entrance. Pass the stadium and use the circle at the church to turn around if necessary.

Visitors

Visiting Professors 2017

jurevidmar

Jure
Vidmar

Maastricht University
stephanhobe

Stephan
Hobe

University of Cologne
 

Publications by visitors

Rewinding and Unwinding: Art and Justice in Times of Political Transition. (International Journal of Transitional Justice)
Eliza Garnsey

Framing human dignity: visual jurisprudence at South Africa’s Constitutional Court. (Australian Journal of Human Rights)
Eliza Garnsey

Public Events

 

max planck

The Implementation of International Law in South Africa – Strengthening the Rule of Law by Following the German Model?
16-17 May 2014

On 16 and 17 May the Institute for International and Comparative Law in Africa (ICLA) in the UP Faculty of Law is organizing a workshop entitled: "The Implementation of International Law in South Africa – Strengthening the Rule of Law by Following the German Model?".

The workshop is organized in the context of a three year collaborative partnership between ICLA and the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany. This collaborative partnership is sponsored by the Alexander von Humboldt-Foundation and the workshop is also sponsored by the Konrad-Adenauer-Stiftung.

Programme

Documents

Registration

Please confirm attendance with Ms Rufaro Mavunga at This email address is being protected from spambots. You need JavaScript enabled to view it. at your earliest convenience (space is limited).

There are no costs attached to registration or attendance.

Background Information

Both the developed and developing world are striving to create an effective and just international order. That order is directed at facilitating peaceful co-existence of nations and at cooperation to find and implement solutions to challenges that know no boundaries, including issues as diverse as international peace and security, climate change, the commercial use of outer space and organized crime, to name but a few. Given the scope of these challenges and the need for international cooperation, compliance with international law has become a vital component of the rule of law. Non-compliance with international law can have grave consequences, not only because of the risk of countermeasures by other States, but also because of its impact on global cooperation, as well as the message it sends concerning (the lack of relevance of) law as a framework for ordering society.

As an integral player of the world community as well as of regional and sub-regional organizations, South Africa, the power house of the African continent, is faced with an intricate maze of international obligations, whether related to the United Nations (UN), the World Trade Organization (WTO), the African Union (AU), international human rights law, international humanitarian law, or any other sub-regime of international law.

The challenges involved in implementing international law in South Africa are revealed e.g. by the fact that a number of important international treaties which South Africa has ratified have remained unimplemented. For example, despite the fact that South Africa was a founding member of the UN, no statute has ever been adopted to facilitate domestic implementation of UN Security Council decisions in South Africa. As a result, South Africa has to implement every Security Council decision on an ad hoc basis, which can lead to great delays in implementation or even nonimplementation. Moreover, the absence of a domestic regulatory framework that guides the government on the execution of Security Council resolutions aggravates the lack of clear direction in South Africa’s foreign policy, reflected in its ambivalent relationship towards the economic and military measures against Libya.

This discrepancy between South Africa’s formal commitment to international law and the implementation of that law is a direct result of scarce capacity in the field of international law and the manner in which it interacts with regional and domestic legal orders. South African universities after the adoption of the Constitution in 1996 have emphasized – for understandable reasons in light of its history – the development of capacity in the area of human rights. An unintended but nonetheless very real result of this development was a neglect of other sub-areas of international law, as well as the inter-action between these sub-regimes and the domestic legal order – despite the prominent role attributed to international law in the Constitution.

The challenges South Africa faces and its meagre record of compliance with international law stand in stark contrast to the German experience. When the Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht (MPI), one of the project partners of this proposal, was founded in 1924, it was meant to compensate a perceived lack of knowledge in the field in the German research community. Nowadays, comparatively well-funded institutes of international law and a well-trained academic community have ensured successful implementation of much of international law. The European experience, ranging from a string of decisions of the Bundesverfassungsgericht related to the European Union, to a number of cases clarifying the relationship of the European human rights system to German law, has led to an intense discussion of how to implement the relevant regional obligations. While the German case is not without its own complexities and pitfalls, it can serve as a valuable example for South Africa in trying to improve its record of implementation of international obligations. This in turn could also serve as a useful point of departure for other countries in the region that face similar challenges in relation to implementation.

The current workshop is aimed at identifying suitable techniques of implementation of international law, by comparing South Africa with Germany. It will commence with a general introduction regarding the status of international law within Germany and South Africa respectively. Thereafter the workshop will devote thematic sessions focussing on the status and implementation of international instruments pertaining to key sub-areas of international law in the two countries.

The outcomes of the workshop will be published in a book by Pretoria University Law Press (http://www.pulp.up.ac.za/) in early 2015. The workshop is organized in the context of a three year collaborative partnership between the Institute for International and Comparative Law in Africa in the Faculty of Law of the University of Pretoria and the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany.

This collaborative partnership is sponsored by the Alexander von Humboldt-Foundation and the workshop is also sponsored by the Konrad-Adenauer-Stiftung.

Students

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Students landing page

Meet the Staff

Director of ICLA; Professor of Human Rights Law

 

Office Administrator

 

Academic Staff

charlesfombad

Charles
Fombad

Professor

diretladi

Dire
Tladi

Professor

Nicolaas Grove

Niek
Grové

Professor

 
charlesfombad

Stuart
Maslen

Honorary Professor

thomasprobert

Thomas
Probert

Senior Researcher; Extra-ordinary Lecturer

 

Non-residential ICLA Fellows

 

Student researchers

 
 

Meet the current doctoral students

 
 
 
 

Post-graduate students

The names of the post-graduate students who are registered with ICLA staff members are listed under the names of the supervisors

About the Institute for International and Comparative Law in Africa (ICLA)

image

For more information about ICLA, please contact:

Ms Pumeza Matwa
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Telephone: +27 (012) 420 6217

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