OpenUCT :: Browsing by Author "Devine, Derry"

Browsing by Author "Devine, Derry"

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Open Access
Any place for Lome trade provisions under the WTO? : Towards the Lome V
(2000) Aloo, Leonard Obura; Devine, Derry
The WTO and its forerunner GATT are products of immediate post World War II diplomacy brought about by the demand for the economic reconstruction of war-torn Western Europe. Protectionist attitudes of nations during the pre-war era and other economic misjudgments were partly blamed for the outbreak pf the war. The emergent system was therefore one dominated by liberal economic thought. The system essentially prohibits the use of restrictions on imports other than tariffs, and then provides for negotiation of reduced tariff levels. Central to this system is the principle of "nondiscrimination" embodied in the twin tenets of the "most-favoured-nation"(l1FN) and "national treatment" principles.
Open Access
Applicability of WTO Law in the European Union
(1999) Muller, Eva; Devine, Derry; Philippe, Xavier
In April 1994, the ministers of more than a hundred governments signed the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations achieved after seven and a half years of negotiation. The Act comprises the Agreement Establishing the Multilateral Trade Organization with its important Annexes 1 to 4 in its Part II, Ministerial Decisions and Declarations in its Part III and the Understanding on Commitments in Financial Services in Part IV. The WTO came into effect on 1 January 1995 and has 134 Members presently.
Open Access
Enforcement Measures Relating to Straddling Stocks - An International and South African Perspective
(1998) Diemont, Marius; Devine, Derry
On 10 March 1995, Canadian fisheries authorities boarded and arrested the Spanish fishing vessel, Estai, outside the Canadian 200 mile Exclusive Fishing Zone on the Grand Banks off the coast of Newfoundland alleging that the vessel was fishing in breach of the Northwest Atlantic Fisheries Organisation (NAFO) conservation and management measures. This action served to focus world attention on a dispute that had its origins in the failure of the 1982 United Nations Convention on the Law of the Sea ("the 1982 Convention") to implement an effective conservation and management regime for fish stocks on the high seas, particularly with respect to fish stocks that straddle the EEZ of Coastal states.
Open Access
How does the implementation of counter terrorism measures impact on human rights in Kenya and Uganda?
(2014) Nyaundi, Kennedy Monchere; Bennett, Thomas; Devine, Derry
This thesis explores the impact of counter terrorism measures on human rights in Kenya and Uganda. It identifies terrorism as a global problem and reviews its common features. It recognises that the human cost of terrorism has been felt in virtually every corner of the world. It analyses the nature and scope of trends of terrorist activities in Kenya and Uganda, offers possible reasons for the increase of incidents of terror and considers the challenges in combating terrorism in these countries. The thesis outlines the fundamental freedoms that are most commonly engaged in the fight against terrorism and describes states’ obligations in respect of those rights. It recognises that a significant effect of terrorist activity is the tendency to pit security against human rights. It demonstrates that legislation intended to strengthen anti terrorism efforts raise serious concerns in relation to international and domestic human rights law. The thesis investigated one central concern: How does the implementation of counter terrorism measures impact on human rights in Kenya and Uganda? To answer this question, the study sought to investigate several related questions: In the enforcement of counter terrorism measures, is it possible for governments to play by the constraints of the rule of law? Is freedom during times of emergency as important as during peacetime? Is it possible and practical to observe art 4 of the ICCPR in the war against terrorism or should a lower threshold be established?
Open Access
Innocent Passage of Warcraft in Territorial Seas from a Historic Perspective
(1996) Bietz, M; Devine, Derry
This thesis is concerned with the innocent passage of warcraft. It deals not, only with warships but also with submarines and aircrafts.
Open Access
International Legal Consequences of the Construction of a Barrier by Israel in the West Bank
(2005) Golnitz, Hinnerk; Devine, Derry
At the 10th emergency special Session on December 8, 2003, the 191-member United Nations General Assembly adopted a resolution requesting an 'urgent' advisory opinion from the International Court of Justice in The Hague on the legal consequences of Israel's construction of a 'Barrier' between itself and the West Bank and East Jerusalem. 1 The Secretary General of the United Nations transmitted the request for the advisory opinion to the Court in a letter dated December 8, 2003. The Assembly has requested advisory opinions from the Court fourteen times since the Court's inception in 1946, with the majority requested immediately following World War 11. While the Court's opinion is not legally binding, the opinion provides strong guidance to both parties, as well as the international community, on how to treat the current situation and how to proceed with negotiations.
Open Access
La C.E.E : un modele juridique pour une plus grande integration economique en Afrique australe. Volume 1-2
(1989) Vrancken, Patrick Henri Ghislain; Devine, Derry
The purpose of this thesis is to answer the following question : Ii the E.E.C. in fact a legal model for greater economic integration in Southern Africa? Part One of the thesis provides a description of the organization of the E.E.C After a brief historical introduction, Section One analyses the Community's main institutions : their composition, their function, and their decision-making mechanisms. The different legal instruments of Community law, the relationship between this law and traditional international law on the one hand and the national law of the member states on the other, the interaction between the Council, the Commission and the European Parliament as well as the financing of the organization are also considered in some detail. Section Two examines some of its most important spheres of activity, namely, free movement of goods, free movement of persons, freedom to provide services, free movement of capital, the rules on competition, regional policy, fiscal harmonization and V.A.T., legal equalization processes and transport. A definition of the internal market and an account of other innovations introduced by the Single European Act in the field of the organization's activities concludes this section on the E.E.C Part Two deals with the principal organizations of economic cooperation in Africa, of which South Africa is not a member, and examines to what extent the African continent has been influenced by this European experience. After a short historical account leading to the existence of these African organizations, each kind of institution in these different organizations is dealt with separately in Section One, particular attention being given to their composition, their functions, and their different legal instruments. This is followed by a study of the law of these organizations and to what extent it differs from the traditional international law, as well as the interaction between the different institutions and the financing of these organizations. Section Two examines the main fields of activity of the organizations studied in this Part, namely, the suppression of customs duties, the common customs tariff, the removal of technical barriers to trade, free movement of persons, freedom to provide services, free movement of capital, transport and communication, natural resources, social and cultural matters, regional policies, industrial development, and other fields of activity. Part Three is divided into three chapters. The first one is the study of the principal instruments of multilateral economic cooperation to which South Africa belongs, that is, the Southern African Customs Union, and Monetary Area and the Economic Community of Southern Africa. The second Chapter presents general comparisons between the institutional structure of the organizations, their fields of activity, as well as the supranationalism which they could eventually enjoy. Finally, the third Chapter consists of conclusions which .are of a more personal note, that is to say, a presentation of an original system based on the study made in this thesis, particularly of the E.E.C., a system which, in my opinion, could be applied to the internal law in South Africa and at the same time could offer a model of economic and political integration in Southern Africa.
Open Access
River and maritime boundaries between South Africa and Namibia
(1991) Hamman, D B (Deborah Blake), 1959-; Devine, Derry
The thesis explores four aspects of delimitation beginning with the terrestrial boundary...
Open Access
The European Union and its efforts concerning the harmonisation of copyright law
(2000) Breuer, Stefan; Devine, Derry
The increasingly accelerating process of integration in the whole European area causes a tremendous amount of problems in different sections of social, economic and political life. The solutions to all these integration related problems have one thing in common: they all need to be based on a solid ground of EU-laws, which are applied and enforced in every Member State. This so important because otherwise the measures taken by the EU institutions are completely useless. That leads to the observation that in every area of conflicts due to the application of different domestic laws a harmonisation is required. Harmonising EU laws adopted by the competent EU institutions have a crucial key role in the achievement of complete integration of every Member State in every conflict area, whatever that might be. One of these areas is the protection of copyrights. The value of the protection of copyrights must not be underestimated. The EU Commission assessed that the contribution of the copyright-related products and services to the EU-wide gross national product is about 5 %. In contradiction to this great value of copyright-related products and services the EU institutions started very late to scrutinise the different issues which might have to be solved in this context. Especially the issues, which are due to different levels of protection of copyrights in different Member States, started being solved by the adoption of harmonising directives. The first directive was adopted on 14 May 1991. This dissertation intends to scrutinise the commencement and the continuity of the harmonisation process in the area of copyrights in the EU. This scrutiny shall be embedded in the context of the development of the European Union as a such and the functioning of its institutions and the harmonisation of laws in the EU in general. A sound overview about these different areas of the European Union and the process of harmonisation concerning the harmonisation of national copyright laws shall be given.
Open Access
The extent of rights under the SOEKOR leases
(1989) Schippers, Ashton; Devine, Derry
The adoption of the Third United Nations Convention on the Law of the Sea1 has revolutionized international approaches to the regulation of the world's oceans. Although the convention is not yet in force, some of its provisions can be regarded as international customary law, in particular, its provisions on the expansion of coastal state jurisdiction. The exploitation of hydrocarbon resources off the South African coast in the vicinity of Mossel Bay presents new opportunities and challenges for this country, especially in the sphere of technology. The venture involves astronomical costs, and a major development of the relevant areas as is evident from the following: The cost aspect is becoming "an even greater Frankenstein 2 monster" . In 1985, the Minister of Energy Affairs Danie Steyn publicly quantified the project at R4800m. Those figures were based on a 40c US$ exchange rate and included Rl 700m for a refinery. The Minister's pre-election announcement in 1987 was that the cost of the project would be R5500m only for the offshore development. Later those figures were clarified as R4193m for the so-called FA gas field and R1307m for the so-called EM gas field3 • On 27 April 1988, the Mossgas project received Cabinet approval. The cabinet ordered a rework of the cost factor and SOEKOR estimated the figure on both the 4 on-shore and off-shore stages at R5300m A new industrial area will flank the site for Mossel Bay's refinery. This area will extend to a rail line in the north. New harbour facilities which will include a support 5 infrastructure for offshore operations, are planned ( 2 ) Work has started on a new dam to supply water to the plant and Escom is extending its supply of electricity to the area. Various residential and business areas are being extended and developed with adjacent areas such as George developing into a strategic alternative for the long-term South Coast gas industry6. It is estimated that the first gas will come ashore on 1 June 1991 and that for the next 35 years Mossgas will produce 25000 barrels a day from its offshore reservoirs. Research has shown that the South Coast seems more like the North Sea. "Initially close in-shore finds were mainly gas as the search moved into deeper water the hydrocarbon mix became more 'l 7 II 01. It is against this background that the extent of rights under the SOE KOR leases will be examined. The discussion in this paper is limited to certain provisions embodied in the Prospecting Lease (PL) and the Mining Lease (ML) entered into between SOEKOR and the government in terms of the Mining Rights Act 20/1967.
Open Access
The lateral and vertical limits of a hypothetical Republic of South Africa continental shelf according with international law and, in particular, Articles 76, 83 and 84 of the United Nations Law of the Sea Convention (1982)
(1990) Guy, Neil Raymond; Devine, Derry; Roger, J
Coastal States have laid claim, progressively, to the sea areas adjoining them found until recent times these claims have been, ostensibly, to ensure the security of the State and the right to harvest the potential of the sea. It is obvious that foreign vessels, close to the coast of a State, could constitute a threat and in the past, as the dangers of improved weaponry became apparent, some coastal States felt the need to extend their territory still further seawards. However, the most significant claims to extended sovereignty have been in recent times, as a result of the efforts of coastal States to control the newly discovered potential of the seabed, and in particular, the continental shelf. As technology improves, the possibility of exploiting sea-bed resources will extend further and further seawards to the point where, in time, it will be possible to harvest and mine all of the seabed, regardless of depth. It should be noted that some States have extended their claims to a limit that the international community will not accept. An example oftJ,;s is the 200 nautical mile(nm) territorial waters claims of Argentina in 1966 and Brazil in 1970. Argentina has subsequently adjusted its claim to conform with the articles of the Law of the Sea Convention of 1982 LOSC. (1) Vast changes in the type and quantity of potentially hazardous substances, that are being transported by sea, such as crude oil, nuclear waste, chemicals, etc, have also brought with them an ever-increasing threat of pollution. To prevent the destruction of their resources, coastal States are also taking more stringent measures in the seas surrounding them. To illustrate this threat, during the period 1950 to 1975, the dead-weight tonnages of crude-oil tankers increased from an average of 30 000 to 500 000 tonnes and the draughts (depths) of these vessels increased from 10 metres to about 30 metres when loaded. This marked increase in size and draught of vessels could mean that the information on navigational hazards is inadequate for their safe passage. This has increased both the possibility of accidents and the gravity of the consequences of such accidents, thus making it urgent for coastal States to control their seaward territories and zones. It is the intention to consider all aspects of international law and marine-geological factors that could affect continental shelf claims of the Republic of South Africa (RSA). To be able to do this satisfactorily it is necessary to consider international treaties, conventions, judgements in international disputes and the practice of States that could be regarded as customary law. As some of the criteria used in international law to claim continental shelf depend on the geological configuration of the continental shelf of a coastal State it is necessary to consider geological concepts in general and the history of the shelf of the RSA in particular. It is anticipated that in some areas insufficient data will be available to finalise a claim and it is the intention also, therefore, to identify these areas and the data required for a comprehensive and internationally acceptable claim to be made. The deep-sea bed is being explored for possible exploitation, but the ownership of deep-sea resources was not satisfactorily regulated in international customary law. LOSC, adopted in J 982, has not been ratified by the major and most powerful coastal States. This is in spite of attending States to the Conference endeavouring at great length to resolve the problems. This is most likely due to the Articles in the Convention dealing with exploration and exploitation of the deep-sea bed. Of the resources found on the continental shelf, as defined in LOSC, extensive oil and gas reserves phosphorites, manganese nodules and diamonds make up more than 90% of the value of the total. Some of the lesser important resources include sand and gravel, titanium, tin, chromium, and zirconium. Pools of brine contain concentrations of lead, zinc, gold and silver and it must be accepted that advancing technology will eventually make these resources economically viable propositions. Continental shelf claims beyond any exclusive economic or fishing zones include sedentary species such as oysters, clams, lobsters and ~rabs, which could in some areas such as the Pacific Ocean become an important consideration for exploitation. The requirements for acceptable international standards of delineation of the continental shelf have not evolved through international customary Jaw, because there has been little if any reason for a coastal State to give serious thought to the exploitation of the land under the sea until the middle of the 20th century. The Convention on the Continental Shelf adopted in Geneva in 1958 was the first real effort, on an international scale, to draw up Convention rules capable of resolving the overlapping claims of States. (This convention is usually known as CSC, but to avoid confusion, it will be referred to as CSC58). This convention did not clarify the complexities of continental shelf or margin claims and the problem was further considered during the drafting of LOSC. In spite of the fact that major coastal States have not ratified this Convention most have, nevertheless, laid claim to areas of the continental shelf and to the exploration of the potential of the resources of the deep-sea bed. The criteria laid down in LOSC to delineate continental shelf claims include limits that could be determined ' from bathymetric records, from seismic reflection or refraction profiles of the margin and also from the ratio of sediment thickness to the distance of that sediment position to the foot of the slope.
Open Access
The legal relevance of man-made constructions in maritime zones
(1989) Trappler, Gary; Devine, Derry
Maritime zones simply, are imaginary lines in the ocean which serve to divide one area of the sea from another, with each area conferring differing rights and obligations on those persons or states utilising such area. The lines of demarcation are imaginary in the sense that they cannot be observed (as opposed to natural dividing lines on land such as rivers, mountains or even fences) but they are real in the sense that they exist, and recognition of their existence is vital for all coastal states and sea faring nations.
Open Access
The other side of 9/11- Obstacles and challenges facing SADC countries in implementing UN Security Council resolution 1373 (2001) relating to terrorism.
(2004) Seyuba, Mishinga; Devine, Derry
This dissertation analyses the major obstacles and challenges that SADC countries are facing in the context of implementing UN Security Council Resolution 1373 relating to terrorism. It sets out to evaluate how successful efforts to strengthen legal and institutional mechanisms within SADC to combat terrorism have been. The dissertation will assess the impact that terrorism has on governance, legal, economic and political issues primarily within SADC and Kenya. What are the direct and indirect implications of Resolution 1373? Who has implemented and who has not? What have some of the problems, obstacles and challenges been in submitting CTC reports? How much international assistance and support is currently being given to member states of the SADC? What is the rate of international support? Answers to these questions will be based upon a research analysis. The main obstacle that SADC countries are facing regarding Resolution 1373 is the problems of inadequate resources to deal with terrorism coupled with capacity problems. The paper will argue why this is so.
Open Access
The protection of historical wrecks in South African waters
(1996) Pugh, Lewis William Gordon; Devine, Derry
Since 1488, when Bartholemeu Dias first rounded the Cape, countless ships have been wrecked off the South African coast. Many of these ships are today of immense historical, archaeological and cultural value. Accordingly, they require protection from the threat of indiscriminate salvors. In this thesis, I shall examine to what extent current South African legislation protects and preserves historical shipwrecks which lie within twenty-four nautical miles of the South African coast. In so doing, I shall analyse the provisions of the National Monuments Act ' and draft legislation compiled in 1988 dealing with historic wrecks and artifacts '. I shall then examine to what extent the draft legislation remedies shortcomings in the National Monuments Act. However, in examining the law relating to historical shipwrecks, a familiarity with the history behind these shipwrecks is both interesting and necessary. Only then does it become evident that South Africa is steeped in shipwreck history, and that the South African coastline is a veritable treasure house.

Browsing by Author "Devine, Derry"

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