South African Yearbook of International Law

Regional Collaboration for Aircraft Accident Investigation as Impetus for Aviation Safety in Africa

2023-07-11T08:06:53+00:00

Aircraft accident investigation is a feedback mechanism which enhances aviation safety by identifying inadequacies and also taking steps to prevent future accidents. Investigation in this regard is to be carried out by International Civil Aviation Organisation (ICAO) states through national accident investigation authorities and should there be a lack of human or economic resources, regional accident investigation organisations can be formed by states to benefit from a balance on economies of scale. This article examines regional collaboration for aircraft accident investigation in Africa. It finds that the performance of African States in the area of aircraft accident investigation is below average and also notes that a major cause of this inadequacy is a lack of both human and economic resources. It thereby posits that regional collaborations on aircraft accident investigation among African states will advance aviation safety in Africa, and it is thus necessary for African states to collaborate on this. While acknowledging the contributions of the Banjul Accord Group Accident Investigation Agency, a case is made for the establishment of regional aircraft accident investigation organisations in Africa on a wider scale through the existing regional economic communities recognised by the African Union.

Not a Threat, an Opportunity: Regional Approaches and the Future of International Law

2023-07-11T08:06:47+00:00

The discourse of international law has always been careful to denounce anything that could undermine the universality of international law. Consequently, it has developed new ideas and mechanisms that can help to curb any risk of fragmentation. In parallel with this movement, there are increasingly pressing calls for greater consideration of multiculturalism and pluralism in international law. The present reflection focuses on the articulation of these two movements by asking whether regional approaches to international law (RAIL) pose a real threat to the coherence and integrity of international law. The article concludes that RAIL can—under certain conditions—be a source of enrichment and consolidation of international law.

Amicable Settlements: A Comment on Guideline 13(2)(v) of the Revised Guidelines for Consideration of Communications and Monitoring Implementation of Decisions by the African Committee of Experts on the Rights and Welfare of the Child

2023-07-11T08:06:50+00:00

The African Committee on the Rights and Welfare of the Child (African Children’s Committee) is mandated to monitor the implementation of the African Charter on the Rights and Welfare of the Child in Africa (African Children’s Charter). The African Children’s Committee has developed Revised Guidelines for Consideration of Communications and Monitoring Implementation of Decisions by the African Committee of Experts (RCG) which provide for amicable settlements. This contribution argues that the implementation of amicable settlements presents gaps that do not reconcile the substantive aspects on the one hand and the procedural on the other, in terms of practical implementation. This contribution contextualises the use of amicable settlements in international law and evaluates their use by the African Children’s Committee. The comment examines the application of Guideline 13(2)(v) and its consequential implications and it is proposed that it should be revisited to distinguish between the substantive and procedural aspects of the amicable settlements and how they should be handled to their logical conclusion.

Eradicating Boko Haram Insurgency in Nigeria through the Complementarity of the ICC

2023-02-10T10:37:47+00:00

Kidnapping, hostage taking, armed robbery, and bomb and gun attacks, among other terrorist activities perpetrated in the Boko Haram insurgency, especially in the Northeastern part of Nigeria, have led to wanton loss and destruction of life and property, violations of fundamental rights, socio-economic dislocation, and fear of insecurity generally. War crimes and crimes against humanity have allegedly been committed in the insurgency. The study aims to ascertain the best approach for the International Criminal Court (ICC) to exercise complementary jurisdiction towards eradicating the Boko Haram insurgency in Nigeria. While revealing the limitations of the Nigerian domestic system and pointing out the procedural and substantive flaws of the ICC in the fulfilment of its mandate, the paper recommends proactive complementarity in effectively tackling the insurgency. It concludes by advocating for domestication, better cooperation, and collaborative strategies with the international community to eradicate the Boko Haram insurgency in Nigeria.

Five Decades of the Nuclear Non-Proliferation Treaty: Time to Pass the Baton to the UN Security Council?

2023-08-22T06:43:38+00:00

The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) came into force in 1970. After renouncing its nuclear weapons programme, South Africa became a party to the NPT in 1991. The NPT is the principal international instrument aimed at preventing the spread of nuclear weapons. The NPT has generated various other treaties with similar aims, which, together with the NPT, constitute the ‘nuclear non-proliferation regime’. The NPT has, for various reasons, not been a success. Whether the NPT has achieved nuclear non-proliferation is a moot point–a concept which implies nuclear disarmament. For example, there is evidence of a network of covert operations marketing nuclear technology; some non-NPT states have clandestinely embarked on nuclear weapons programmes, and some NPT states have threatened to adopt a policy of actual or pre-emptive use of nuclear weapons even against non-nuclear weapons states for its deterrent value. Alarm bells are ringing regarding the interpretation of ‘peaceful’ and ‘non-peaceful’ uses of nuclear energy. Despite the NPT, nothing prohibits the testing and refinement of existing nuclear weapons technology. Certain questions need to be answered. Has the NPT not become an instrument of rhetorical posturing by the five major nuclear weapon states–the ‘Club of Five’? Why has none of the Club of Five given their nuclear weapons up? Where do the Club of Five get the moral authority to declare that introducing new members on the Club is unacceptable? Instead of concentrating on the non-proliferation of nuclear weapons as the NPT does, should there not rather be an emphasis on the total prohibition of all nuclear weapons? It is submitted that a more active role for the UN in nuclear non-proliferation issues be considered. All UN Secretaries-General have made nuclear non-proliferation one of their top priorities. Kofi Annan concluded that the NPT was the victim of insufficient progress in not only nuclear non-proliferation but also nuclear disarmament and that the world was sleepwalking towards a nuclear disaster. The basis for greater involvement of the UN Security Council in nuclear non-proliferation and nuclear disarmament is to be found in the Statute of the International Atomic Energy Agency, the Statute of the NPT, the UN Charter and in Security Council Relations 1540 of 2004 and 1929 of 2010. The argument is put forward that as the Security Council has the legal authority to determine threats to the peace or acts of aggression and make recommendations or decide what measures shall be taken regarding it, utilising that body may be a more meaningful route to follow than the NPT which appears to have reached its sell-by date.