Privatisation, human rights and security: reflections on the draft international convention on regulation, oversight and monitoring of private military and security companies
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128800 , vital:36160 , http://dx.doi.org/10.4314/ldd.v15i1.3
- Description: Efforts to establish regulatory frameworks for private military/security companies (PMSCs), driven by public security concerns as well as private interests of the companies themselves, have yielded a number of soft law instruments. Unfortunately, most of these instruments are conditioned by the underlying interests of their promulgators and have therefore failed to establish universally acceptable regulatory standards.
- Full Text:
- Date Issued: 2011
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128800 , vital:36160 , http://dx.doi.org/10.4314/ldd.v15i1.3
- Description: Efforts to establish regulatory frameworks for private military/security companies (PMSCs), driven by public security concerns as well as private interests of the companies themselves, have yielded a number of soft law instruments. Unfortunately, most of these instruments are conditioned by the underlying interests of their promulgators and have therefore failed to establish universally acceptable regulatory standards.
- Full Text:
- Date Issued: 2011
The laws of Lerotholi: role and status of codified rules of custom in the kingdom of Lesotho
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128810 , vital:36162 , https://heinonline.org/HOL/P?h=hein.journals/pacinlwr23ampi=94
- Description: The status of customary law in African societies is diminished by factors, most of which are generated by the machinery of the modern state. But its mantle, kept alive by neo-traditional scholarship and a commitment to multiculturalism in the post-independence era, has nevertheless sustained an active discussion on its relevance to the future of law and the general administration of justice in African states.2
- Full Text:
- Date Issued: 2011
- Authors: Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128810 , vital:36162 , https://heinonline.org/HOL/P?h=hein.journals/pacinlwr23ampi=94
- Description: The status of customary law in African societies is diminished by factors, most of which are generated by the machinery of the modern state. But its mantle, kept alive by neo-traditional scholarship and a commitment to multiculturalism in the post-independence era, has nevertheless sustained an active discussion on its relevance to the future of law and the general administration of justice in African states.2
- Full Text:
- Date Issued: 2011
The problems of proving actual or apparent bias: an analysis of contemporary developments in South Africa
- Okpaluba, Chuks, Juma, Laurence
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127498 , vital:36017 , https://doi.org/10.17159/1727-3781/2011/v14i7a2616
- Description: This article takes a critical look at the divergent approaches of courts in constructing the meaning of actual and apparent bias in adjudicative contexts. It argues that while proving actual bias on the part of an adjudicator may not always be easy and parties often revert to apprehended bias, an allegation of bias in any adjudication process is a matter that courts take very seriously. This notwithstanding, the courts have failed to consistently demarcate the necessary elements and threshold of proof that complainants must overcome to secure a successful challenge of decisions based on adjudicative impartiality. Upon critical evaluation of the decisions on the subject so far rendered, this article suggests that the pattern which has seemingly emerged is that which weighs the allegations of bias against the presumption of impartiality and the requirements of the double reasonableness test.
- Full Text:
- Date Issued: 2011
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127498 , vital:36017 , https://doi.org/10.17159/1727-3781/2011/v14i7a2616
- Description: This article takes a critical look at the divergent approaches of courts in constructing the meaning of actual and apparent bias in adjudicative contexts. It argues that while proving actual bias on the part of an adjudicator may not always be easy and parties often revert to apprehended bias, an allegation of bias in any adjudication process is a matter that courts take very seriously. This notwithstanding, the courts have failed to consistently demarcate the necessary elements and threshold of proof that complainants must overcome to secure a successful challenge of decisions based on adjudicative impartiality. Upon critical evaluation of the decisions on the subject so far rendered, this article suggests that the pattern which has seemingly emerged is that which weighs the allegations of bias against the presumption of impartiality and the requirements of the double reasonableness test.
- Full Text:
- Date Issued: 2011
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