Browsing by Subject "strike"

Now showing 1 - 3 of 3
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    Open Access
    The "bush doctrine" and preemptive strike - a new approach in the right of self-defense?
    (2015) Fiebich, Kristina Claudia; Devine, Derry
    Throughout the history of international law, there have always been acts of aggression, wars, and threats carried out by one state against another, directed against the territory or sovereignty of states, or against other protected interests. Even though there have been several attempts to restrict the use of force between states, neither the early doctrines of "just war" (justum bellum) of Grotius and Thomas Aquinas,1 nor subsequent multilateral treaties - the Covenant of the League of Nations of 1919, the "Kellog Briand-Pact" of 1928,2 and ultimately the Charter of the United Nations (U.N. Charter) of 19453 - have been able to eliminate entirely the use of force from the international stage.
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    Open Access
    The right to legal representation in customary courts in Botswana
    (2015) Gabanagae, Mokwadi Chris; Colland, Richard
    Botswana attained its independence on 30th September 1966. Before that it had been a British Colony since 1885. Since it attained its independence it has rapidly grown both economically and in population. Its legal system has also seen some developments. It has not been static. The country has a written Constitution which provides for three arms of government. They are the Executive, the Legislature and the Judiciary. The judiciary which is charged with administering the law consists of the court of appeal, the high court and the magistrate Courts. There is also the industrial court which deals with the labour disputes. The above mentioned courts are manned by legally trained personnel. Alongside these courts exists customary courts which have existed from ancient times and have existed until the arrival of the White man in Botswana when their operation was limited to only Africans.1 Customary courts are spread all over the country including urban areas.
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    Open Access
    Why are there so few minimum service level agreements? A case study of a metropolitan municipality.
    (2019) Ronnie, Roger; Godfrey, Shane
    In terms of the South African Constitution, every worker has the right to strike. This right is regulated in the Labour Relations Act. Workers engaged in essential services are prohibited from striking. The prohibition does not apply if a minimum service level agreement, guaranteeing services in the event of a strike, has been concluded between employers and trade unions. The Essential Services Committee, established under the Labour Relations Act ( the Act), must ratify these agreements before they become effective. More than two decades after the LRA was promulgated, very few ratified minimum service level agreements have been concluded in the municipal sector. This study explores the reasons for this and suggests legislative and policy interventions that could be considered on a sector wide basis. The study is by way of a single-case study of a metropolitan municipality. Data were obtained from two sources: 14 semi-structured interviews with participants and from an analysis of documents relevant to the regulation of essential services. The study established that the legislative framework for regulating essential services in South Africa is consistent with the principles and decisions laid down by the International Labour Organisation. It however does not provide guidelines for determining minimum service levels. An apparent unevenness between the representatives of the negotiating counterparts exists in the municipal sector in South Africa. Many of the party representatives negotiating minimum service levels, do not work in designated essential services or possess relevant technical skills. The findings of the study suggest steps that could be taken to strengthen the capacity of the Essential Services Committee to assist parties in the municipal sector to conclude minimum service agreements and build the negotiating capacity of the parties. The study also makes recommendations regarding improved participation by essential service workers and the broader community in the process.