Supra-Pubic Lithotomy.

Campbell, Emer

doi:10.1016/s0140-6736(01)42308-7

Cited by 46 publications

(34 citation statements)

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“…104 In the Campbell case, SADC judges held that this clause "settles the question whether the Tribunal can look elsewhere to find answers where it appears that the Treaty is silent." 105 The Protocol's expansive mandate may explain why the judges in Cimexpan did not shy away from endorsing aspirational international norms (i.e. soft law) and scholarly writings urging recognition of minimum human rights protections for foreign nationals.…”

Section: The Insights Of the Free Movement Cases For Sub-regionamentioning

confidence: 99%

Sub-Regional Courts in Africa: Litigating the Hybrid Right to Freedom of Movement

Helfer

2015

SSRN Journal

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Abstract:Human rights attorneys and civil society groups in Africa have recently focused their advocacy efforts on sub-regional courts associated with economic integration communities in East, West and Southern Africa. The East African Court of Justice (EACJ), the Court of Justice of the Economic Community of West African States (ECOWAS), and the Tribunal of the Southern African Development Community (SADC) have received few suits challenging trade restrictions and other barriers to sub-regional integration. Instead, and surprisingly, the courts' dockets are dominated by complaints alleging violations of international human rights law. This article offers the first analysis of EACJ, ECOWAS Court and SADC Tribunal decisions concerning the free movement of persons. Freedom of movement is a hybrid legal right. It is protected in the African Charter on Human and Peoples' Rights and in other human rights instruments, but it is also a central pillar of all regional integration systems. Free movement case law thus offers a revealing lens through which to examine how African sub-regional courts decide which litigants have access to justice, interpret international legal norms, and fashion the remedies awarded to successful complainants.

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Section: The Insights Of the Free Movement Cases For Sub-regionamentioning

confidence: 99%

Sub-Regional Courts in Africa: Litigating the Hybrid Right to Freedom of Movement

Helfer

2015

SSRN Journal

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“…During their life, people acquire certain linguistic, religious, artistic and cultural characteristics. These characteristics are usually influenced, to a great extent, by the natural environment, especially in developing countries, 83 where the environment has a great symbolic, emotional, spiritual and widely perceived intrinsic value. 84 As Adger argues, the loss of physical places when people are resettled involves the loss of attendant cultural and social significance and has a disruptive impact on cultural identity.…”

Section: The Right To Take Part In Cultural Lifementioning

confidence: 99%

Revisiting Planned Relocation as a Climate Change Adaptation Strategy:<br>The Added Value of a Human Rights-Based Approach

Gromilova

2014

ULR

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“…94 From the outset, the SADC Tribunal noted that discrimination of whatever nature is outlawed or prohibited in international law. 95 The Tribunal cited to several provisions in international legal instruments that prohibit discrimination based on race. 96 It then proceeded to define racial discrimination, noting that the SADC Treaty neither defines racial discrimination nor offers any guidelines to that effect.…”

Section: Core Issuesmentioning

confidence: 99%

The Contribution of Campbell v. Zimbabwe to the Foreign Investment Law on Expropriations

Zongwe

2009

SSRN Journal

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Abstract:Since 2000, the Zimbabwean government has expropriated a string of white-owned commercial lands. In March 2008, in a consolidated case (Mike Campbell (Pvt) Ltd and Others v Zimbabwe), 79 applicants filed an application with the Southern African Development Community Tribunal (SADC Tribunal) to challenge the legality of the acquisition of certain agricultural lands by the Zimbabwean government. On 28 November 2008, the Tribunal ruled that the expropriations of agricultural lands by the Zimbabwean government were illegal because they were based on racial discrimination and did not compensate the applicants. This paper seeks to understand the contribution that the Campbell case brings to the law on foreign direct investment, especially the principle that expropriations must not be discriminatory. Investment law generally prohibits discriminatory expropriations or nationalizations on the basis of race, with the notable exception of post-colonial expropriations carried out to end the economic domination of the nationals of the former colonial power. By declaring that the expropriations of white-owned agricultural lands in Zimbabwe were illegal because they amounted to racial discrimination, the SADC Tribunal in Campbell appears to develop the investment law jurisprudence on expropriations by creating an exception to the exception. Accordingly, the question that this paper addresses centers on the extent to which a country can expropriate property as part of a general government program to correct present economic inequalities brought about by a colonial past. After an exposition of the applicable laws and an explanation of the contribution of Campbell, the paper discusses whether the SADC Tribunal rightly decided the Campbell case and, if not, how the case could and should have been decided.

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Supra-Pubic Lithotomy.

Abstract: ROYAL MEDICAL AND CHIRURGICAL SOCIETY. hysterical age. But why should men of science lose their heads and follow in the hue-and-cry of the unreasoning multitude? I am, Sirs, yours obediently.

Cited by 46 publications

References 0 publications

Sub-Regional Courts in Africa: Litigating the Hybrid Right to Freedom of Movement

Sub-Regional Courts in Africa: Litigating the Hybrid Right to Freedom of Movement

Revisiting Planned Relocation as a Climate Change Adaptation Strategy:<br>The Added Value of a Human Rights-Based Approach

The Contribution of Campbell v. Zimbabwe to the Foreign Investment Law on Expropriations

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