Research Articles (Public Law and Jurisprudence)

Origins, relevance and prospects of federalism and decentralization in the horn of Africa

Fessha, Yonatan T.; Dessalegn, Beza (2022)

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 ...

Horizontality and housing rights protection against private evictions from a European and South African perspective

Fick, Sarah; Vols, Michel (Brill Academic Publishers, 2022)

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 ...

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 (Cambridge University Press, 2022)

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 ...

Addressing climate change through international human rights law: From (extra) territoriality to common concern of humankind

Bellinkx, Vincent; Casalin, Deborah; Scholtz, Werner (Cambridge University Press, 2022)

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 ...

Towards comprehensive guidance for states in the African region to respond to children’s rights in emergencies, disasters and pandemics

Bouah, Nicole; Sloth-Nielsen, Julia (Brill Nijhoff, 2021)

The covid-19 pandemic spread has it impacted health systems, economies and communities across the African continent. It has also exacerbated risks already faced by children: limiting access to education, reducing protection ...

Child soldiers and the defence of duress under International Criminal Law

Nortje, Windell; Quénivet, Noëlle; Macmillan, Palgrave (Routledge, 2021)

Atrocities committed by children are frequently explained away by arguments of coercion: children are forced by commanders to participate in acts of extreme violence, threatened with brutal punishment if they fail to ...

The functus officio doctrine and invalid administrative acts in South African administrative law: the demand for a more flexible approach

Henrico, Radley (Nelson R Mandela School of Law, 2020)

In South African administrative law, the issue of invalid administrative action in relation to the application of the doctrine of functus officio has brooked a fair amount of debate. Whilst the courts have attempted to ...

Intergovernmental cooperation, divided societies and capital cities: The case of the Ethiopian capital

Fessha, Yonatan (Nomos Verlagsgesellschaft, 2020)

Some call it Addis Ababa. Others call it Finfinnee. That is the capital city of the Federal Democratic Republic of Ethiopia. "What's in a name?" In fact, the name is at the centre of the row over the federal capital. ...

Addressing the limits of autonomy: Origin, organization and purpose of horizontal intergovernmental forums in three federations

Fessha, Yonatan (Centro Studi sul Federalismo, 2020)

Horizontal intergovernmental forums that bring together the constituent units of a federation are increasingly common. This article examines the origin, organization and purpose of the premium horizontal intergovernmental ...