Research Articles (Public Law and Jurisprudence)
http://hdl.handle.net/10566/1718
2024-03-28T08:54:28ZOrigins, relevance and prospects of federalism and decentralization in the horn of Africa
http://hdl.handle.net/10566/9005
Origins, relevance and prospects of federalism and decentralization in the horn of Africa
Fessha, Yonatan T.; Dessalegn, Beza
The Horn of Africa is the most conflict-ridden region in the African continent. Both inter-and intra-state
conflicts have dominated the region. In a bid to check intra-state conflicts and accommodate ethno-national
and religious diversity, federal or federal like models of governance have been proposed, discussed, and, in
some cases, adopted across the region. Focusing on Ethiopia, Somalia, Sudan and South Sudan, this article
discusses the origin, reasons, and prospects of the federal idea in the Horn. The article argues that the major
rationale for the federal idea in the Horn is the containment of communal tensions. Yet, the track record of
federalism in alleviating communal tensions has not been encouraging. This is partly related to design issues
that have undermined the efforts to use federalism to address communal tensions. More importantly,
however, the commitment to genuinely implement the federal idea has largely been absent.
2022-01-01T00:00:00ZHorizontality and housing rights protection against private evictions from a European and South African perspective
http://hdl.handle.net/10566/8972
Horizontality and housing rights protection against private evictions from a European and South African perspective
Fick, Sarah; Vols, Michel
In the recent decision of fjm v. the United Kingdom, the ECtHR made a decision on
the required protection against private evictions that threatens to water-down the
protection of housing rights offered by the echr. This article sets out to determine
the effect of the fjm judgment on the protection provided by Article 8, especially in
matters concerning private evictions. The analysis of the case includes a discussion
on whether the decision of the ECtHR was correct, considering both its previous
decisions, as well as the sa Constitutional Court’s findings in similar matters. It
analyses the recent European and South African case law with the help of a number
of concepts developed in legal theory. These concepts concern vertical and horizontal
relations between actors involved in housing law cases, as well as direct and indirect
effect of human and constitutional rights.
2022-01-01T00:00:00ZClimate adaptation planning for resilient and sustainable cities: Perspectives from the City of Rotterdam (Netherlands) and the City of Antwerp (Belgium)
http://hdl.handle.net/10566/7857
Climate adaptation planning for resilient and sustainable cities: Perspectives from the City of Rotterdam (Netherlands) and the City of Antwerp (Belgium)
Berg, Angela van der
Climate adaptation planning in pursuit of resilient and sustainable societies has become a focal point
in urban policy. Climate adaptation planning is generally regarded as separate from traditional urban
planning practices. Globally and in Europe, however, cities are increasingly integrating climate adaptation
planning into their traditional urban planning instruments and processes. Recent research
indicates that the scope of such integration is at varying stages. The City of Rotterdam
(Netherlands) and the City of Antwerp (Belgium) have been identified as two European cities that
face similar climate impacts and risks given their proximity to a large river delta. Both cities aim to
integrate climate adaptation into their respective urban planning policies, but the scope of their
integration differs.
2022-01-01T00:00:00ZAddressing climate change through international human rights law: From (extra) territoriality to common concern of humankind
http://hdl.handle.net/10566/7844
Addressing climate change through international human rights law: From (extra) territoriality to common concern of humankind
Bellinkx, Vincent; Casalin, Deborah; Scholtz, Werner
International human rights law (IHRL) offers potential responses to the consequences of climate
change. However, the focus of IHRL on territorial jurisdiction and the causation-based
allocation of obligations does not match the global nature of climate change impacts and their
indirect causation. The primary aim of this article is to respond to the jurisdictional challenge
of IHRL in the context of climate change, including its indirect, slow-onset consequences such
as climate change migration. It does so by suggesting a departure from(extra)territoriality and
an embrace of global international cooperation obligations in IHRL.
2022-01-01T00:00:00Z