Dire Tladi

Much has been written about the tension between the African Union and the icc. Equally, the relationship between the icc and the Security Council has received a significant amount of attention. Very often, the discourse has presented the debate a stand-off between the protagonist fighting the good fight and antagonists intent on wanton destruction. This article is concerned with the relationships between the icc, au and the Security Council. It argues that the relationships can be characterised as triangular conflictual relationship in which all three sides of the triangle are straddled by cooperation. The paper argues that all three entities, the icc, the au and Security Council are culpable in the use and abuse of cooperation against each other in the pursuit of narrow interests.

Dire Tladi

The purpose of this article is to provide initial thoughts on potential conflicts between the mandates of Regional Fisheries Management Organizations (rfmos) and any mechanisms for establishing Marine Protected Areas in the high seas and how these conflicts might be avoided. The article addresses first, whether the fears that may exist concerning the conflicts are, as a matter of international law, real and to the extent that they are real, how an Implementing Agreement (ia) might be shaped to avoid them. As the article is intended to provide only initial thoughts, the range of rfmos and possible conflicts are only illustrative and are not intended to be comprehensive. With the potential conflicts in mind, the article then provides, in the third section, possible approaches that the drafters of the ia could adopt to avoid and/or mitigate these conflicts. Finally, the article offers some concluding remarks.

Series:

Dire Tladi

The Common Heritage of Mankind, as a legal principle, existed long before the un Convention on the Law of the Sea. But it was undoubtedly the Convention that gave it currency. While the Convention was, in many ways, innovative and groundbreaking, the common heritage regime established in Part xi was, perhaps, the most far reaching—at least potentially—innovation. The history of the Working Group to Study issues relating to the Conservation and Sustainable Use of Marine Biological Diversity in Areas beyond National Jurisdiction will also reveal that it was the application of this principle that led us to these negotiations.

Yet, it is startling that this concept is nowhere to be found in any of the documents relating to the negotiations for an Implementing Agreement. This paper will speculate about the reasons for the absence of the common heritage of mankind and explore whether anything is lost by not having retained the concept.

Dire Tladi

Abstract

The purpose of this article is to provide initial thoughts on potential conflicts between the mandates of Regional Fisheries Management Organizations (RFMOs) and any mechanisms for establishing Marine Protected Areas in the high seas and how these conflicts might be avoided. The article addresses first, whether the fears that may exist concerning the conflicts are, as a matter of international law, real and to the extent that they are real, how an Implementing Agreement (IA) might be shaped to avoid them. As the article is intended to provide only initial thoughts, the range of RFMOs and possible conflicts are only illustrative and are not intended to be comprehensive. With the potential conflicts in mind, the article then provides, in the third section, possible approaches that the drafters of the IA could adopt to avoid and/or mitigate these conflicts. Finally, the article offers some concluding remarks.

Edited by Tiyanjana Maluwa, Max du Plessis and Dire Tladi

The Pursuit of a Brave New World in International Law presents critical perspectives on various inter-related themes in the areas of human rights, international law, terrorism and international criminal justice. The discussions reflect the wide-ranging subjects that John Dugard has engaged with over the last five decades as an international law scholar, teacher and judge. The essays pay homage to Professor Dugard’s impressive body of work as both a theorist and practitioner of international law and international human rights law. While some of the discussions in the volume critically examine his views, as expressed in his academic writings, judicial opinions and official United Nations reports, others deal with subjects that have been inspired by or are related to Dugard’s work.

Contributors are: Neil Boister, Trevor P. Chimimba, James Crawford, David Dyzenhaus, Christopher Greenwood, Larissa van den Herik, Christof Heyns, Maurice Kamto, Tiyanjana Maluwa, Max du Plessis, Thomas Probert, Arnold Pronto, Philippe Sands, William A. Schabas, Ivan Shearer, Hennie Strydom, Mia Swart, Dire Tladi, Annemarieke Vermeer-Künzli and Abdulqawi Yusuf.

Tiyanjana Maluwa, Max du Plessis and Dire Tladi

Tiyanjana Maluwa, Max du Plessis and Dire Tladi