• The (not so hidden) elephant in the room : confronting international constitution-making's eurocentric gaze 

  Fagbayibo, Babatunde Olaitan (Cambridge University Press, 2023-10-23)

  Anna Saunders’s article, “Constitution-Making as a Technique of International Law: Reconsidering the Post-war Inheritance,” is an important addition to the literature that problematizes the idea of international ...
• The regulation of health data sharing in Africa : a comparative study 

  Nienaber McKay, Annelize G.; Brand, Dirk; Botes, Marietjie; Cengiz, Nezerith; Swart, Marno (Oxford University Press, 2024-01)

  The sharing of health data is an essential component in the provision of healthcare, in medical research, and disease surveillance. Health data sharing is subject to regulatory frameworks that vary across jurisdictions. ...
• What constitutes adequate legal protection for the collection, use and sharing of mobility and location data in health care in South Africa? 

  Brand, Dirk; Nienaber McKay, Annelize G.; Cengiz, Nezerith (AOSIS, 2023-05-30)

  Mobile phone technology has been a catalyst that has added an innovative dimension in health care and created new opportunities for digital health services. These digital devices can be viewed as an extension of the ...
• A response to Thaldar et al. (2023) : data sharing governance in sub-Saharan Africa during public health emergencies 

  Brand, Dirk; Singh, Jerome A.; Nienaber McKay, Annelize G.; Cengiz, Nezerith; Moodley, Keymanthri (Academy of Science of South Africa, 2023-11)

  SIGNIFICANCE : We elucidate the misinterpretations raised by Thaldar et al. (S Afr J Sci. 2023;119(11/12), Art. #15722) on our previous publication in which we outlined the data sharing governance landscape in selected ...
• Degrowth and international law : assessing the compatibility of degrowth and the principle of sustainable development 

  Phyffer, Jessie (Unisa Press, 2022-12)

  This article explores whether the international law principle of sustainable development is compatible with the degrowth development framework. Sustainable development is a guiding and binding principle of international ...
• The International Law Commission, the Institut, and States 

  Tladi, Dire (Cambridge University Press, 2023-09-11)
• Justice in conflict : principle of complementarity or principle of competition? 

  Ncame, Noluthando Princess (Pretoria University Law Press, 2023)

  The establishment of a permanent international criminal court was a necessity and the fear of it infringing on a state’s sovereignty was real and ever present. As a result of this fear the International Criminal Court ...
• New perspectives for the making of space law : UNIDROIT’s Cape Town approach compared with traditional UNCOPUOS law-making 

  Kotze, Theunis Jacobus (University of Pretoria, 2022)

  The United Nations Committee for the Peaceful Uses of Outer Space (UN and UNCOPUOS) drafted the five outer space treaties in little more than a decade and thereby created a completely new specialisation in international ...
• The efficacy of the constitutional court’s jurisprudence in achieving socio-economic transformation in post-apartheid South Africa 

  Malatja, Alfred Tshegofatso (University of Pretoria, 2022)

  Transformative constitutionalism, popularised in the context of South Africa’s transition from an apartheid State to constitutional democracy in 1994, arguably provides a valuable framework or constitutional ethos for ...
• An International Authority in the Case of First Contact with an Extra-Terrestrial Intelligence 

  de Goede, David (University of Pretoria, 2022)

  The title of my mini-dissertation is ‘An International Authority in the Case of First Contact with an Extra-Terrestrial Intelligence’, the aim of which is to identify a suitable organization in international law to issue ...
• An inquiry into the role of the National Assembly to hold the executive to account in South Africa 

  Mariri, Ramolangwana Patrick (University of Pretoria, 2022)

  The National Assembly as one of the house of Parliament of the Republic of South Africa is given the constitutional mandate to ensure accountability. The Constitution of the Republic of South Africa in section 55 empowers ...
• Jumping the gun? The legality of a plea of anticipatory self-defence in the face of nuclear proliferation 

  Rossouw, Chrisna (University of Pretoria, 2022)

  In a post-Cold War epoch, states’ proliferation of nuclear weapons and fissionable materials in the pursuit of nuclear dominance is becoming increasingly apparent. This is evidenced by non-nuclear weapon states’ breaches ...
• Evaluating the Doctrine of Command Responsibility under International Criminal Law : Its Suitability in the Prosecution of Conflict-Related Sexual Violence Crimes 

  Akia, Brenda (University of Pretoria, 2023)

  The doctrine of command responsibility is a well-established norm of customary and conventional international law. This doctrine imputes criminal responsibility on a commander or superior for unlawful acts of his or her ...
• Lightyears behind : potential solutions for the interpretative ambiguities left by Article VI of the Outer Space Treaty 

  du Toit, Nicholas P (University of Pretoria, 2023)

  Humanity may just be touching the edges of our own Solar System but space immediately outside of Earth – the orbital planes– is growing congested with space objects. The steady evolution of non-governmental space entities ...
• A critical analysis of the criminalization of aspects of traditional medicinal practice in Swaziland in relation to the right to freedom of religion 

  Musi, Sifiso Vuyo (University of Pretoria, 2019)

  Contemporary constitutional jurisprudence and the legal order have an historical deficit to fill in respect of the recognition of African traditional ‘religion’, particularly in the Swazi context. A combination of inherited ...
• Effect of New Age Technology on International Air Law : An Example of UAS 

  Jardine, Tyler R. (University of Pretoria, 2023)

  This study provides an analysis of the historical development of international air law and highlights current international air law applicable to UAS. It argues that international air law was historically drafted to ensure ...
• The Responsibility to Protect as a Prism through which to Assess the Consequences of Non-cooperation with the ICC through the lens of General International Law 

  Jacobs, Melville Ludwig (University of Pretoria, 2022)

  Since 2002, International Criminal Court has been tasked with the prosecution of individuals who have committed the most serious of international crimes; namely War Crimes, Crimes Against Humanity, Genocide and Aggression. ...
• An assessment of the regulatory framework pertaining to traditional medicine in South Africa 

  Mullinder, Louis (University of Pretoria, 2023)

  This thesis seeks to examine the practice of traditional medicine in South Africa by providing an analysis of the regulatory framework of this system of medicine, which is original to Africa and is practised from a perspective ...
• Towards community benefits derived from mining : assessing the potential role of community development agreements in Zimbabwe 

  Chipa, Brian (University of Pretoria, 2023)

  Mining is a significant economic contributor in both developing and developed countries. The industry is responsible for the creation of cities, communities, industries, employment, and infrastructure. Although mining has ...
• A critique on South African Police Services v Solidarity obo Barnard in relation to inequality 

  Jordan, Seun Rabbey (University of Pretoria, 2023)

  All forms of discrimination are prohibited in terms of the South African Constitution. This prohibition also extends to the labour arena. Any forms of discrimination in the workplace are prohibited. There is a general ...

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