EDITORIALS
Editorial 2004 (1) | ||
The articles in this special collection are selected from papers presented at an international colloquium held at the University of the Western Cape 13-15 August 2003, entitled 'The Aix-UWC Colloquium on the Regional Realisation of Socio-economic Rights: A European and Southern African Perspective". The colloquium represented the culmination of... |
REFEREED ARTICLES
A new beginning? The enforcement of social, economic and cultural rights under the African Charter on Human and Peoples' Rights | ||
| De Vos, Pierre | ||
Pierre de Vos maintains that, although the African Charter on Human and Peoples' Rights is much criticised for its vague and seemingly unenforcable provisions, it is a unique document that requires the development of a more nuanced and theoretically consistent understanding of the nature and scope of the human... |
Legitimacy and interpretation in Ghanaian law: The literal interpretation theory versus the value-based interpretation theory | ||
| Mensah, Kwadwo B | ||
Kwadwo Mensah focuses on the conflict between two dominant theories of interpretation in Ghanaian law, the literal interpretation theory (LIT) which argues that documents should be interpreted literally regardless of the consequences, and the values-based interpretation (VBIT) which postulates a central role for moral and political considerations in the... |
Socio-economic rights in applicable international trade law | ||
| Lanfranchi, Marie-Pierre | ||
Do international trade rules applicable between states take into consideration the protection of socio-economic rights? Marie-Pierre Lanfranchi notes that WTO law does not take into consideration processes and methods of production, includes no social clause and does not cover social dumping. In consequence, it appears that the only way... |
The co-ordination of social security rights in Southern Africa: Comparisons with (and possible lessons to be learnt from) the European experience | ||
| Malherbe, Kitty | ||
Investigating social security coverage in the SADC region, Kitty Malherbe finds that national systems have historically been underdeveloped and are extremely diverse. SADC measures to coordinate social security for migrants are limited. The African Charter on Human and Peoples' Hights does not make express provision for social security. In... |
The right to housing in France and South Africa | ||
| Gay, Laurence | ||
Although the French Constitution of 1958 does not proclaim such a right, Laurence Gay points out that the courts may consider 'the possibility of any person of having (a) decent form of housing" as "an objective of constitutional value". But, while this norm gives a basis for public intervention... |
The transfer of enterprises and the protection of employment benefits in South and Southern Africa | ||
| Du Toit, Darcy | ||
Section 197 of the Labour Relations Act ('LRA') provides that, where an enterprise is transferred as 'a going concern', all rights and obligations between the old employer and its employees at the time of the transfer continue in force between the new employer and the employees. Focusing on the... |
Trade liberalisation as facilitated through trade agreements within the Southern African region: An instrument in the realisation of socio-economic rights | ||
| Lenaghan, Patricia | ||
Patricia Lenaghan evaluates the probable fulfilment of socio-economic rights resulting from economic growth experienced in the Southern African region. She considers the aims and objectives of various multilateral and bilateral agreements in the region, including the Southern African Development Community (SADC) and the African Union (AU), and concludes that, ... |