Protection of the right to social security of the migrant worker in international law

by | Dec 17, 2021 | JCLA, JCLA V8 I2 2021

Protection of the right to social security of the migrant worker in international law

Author: Kehinde Anifalaje

ISSN: 2521-2605
Affiliations: LLB (Unilag), LLM (Ibadan), PhD (Ibadan), Faculty of Law, University of Ibadan, Ibadan, Nigeria, West Africa
Source: Journal of Comparative Law in Africa, Volume 8 Issue 2, p. 104 – 148
https://doi.org/10.47348/JCLA/v8/i2a5

Abstract

The right to social security is recognised as a basic human right in a number of international instruments. While most nations give recognition to social security rights and generally enforce them within the dictates of domestic legislation to their nationals, the narrative is different for non-nationals, particularly the migrant worker. The article examines the measures that have been deployed at international and regional levels to protect the social security rights of migrant workers, with particular attention to the regular ones. It argues that a number of factors, including the doctrines of territoriality and nationality, account for the marginalisation of the migrant worker in the enforcement of these rights. Some migrant-specific international instruments and series of bilateral and multilateral agreements to overcome these perceived challenges are being hindered by the low number of ratifying countries and disparities in the design and level of development of schemes for specific branches of social security across countries. The article concludes that the social security right of the migrant worker would be enhanced if more countries ratify, domesticate and enforce relevant international instruments on the social security rights of the migrant worker and complement same by a much more coordinated bilateral and multilateral social security agreements.

The United States Supreme Court’s case selection: A primer for the South African Constitutional Court in hearing matters of general public importance

by | Dec 17, 2021 | JCLA, JCLA V8 I2 2021

The United States Supreme Court’s case selection: A primer for the South African Constitutional Court in hearing matters of general public importance

Author: Paul Nkoane

ISSN: 2521-2605
Affiliations: BCom, LLB (UNISA), LLM (UCT) Lecturer: University of South Africa (UNISA)
Source: Journal of Comparative Law in Africa, Volume 8 Issue 2, p. 149 – 174
https://doi.org/10.47348/JCLA/v8/i2a6

Abstract

The jurisdiction of the South African Constitutional Court has been extended for the court to administer ‘matters of general public importance’ in addition to administering constitutional matters. There is no South African court that accepted appeals on the grounds that the matter raised an arguable point of law of general public importance. This novelty in the South African law requires an inspection of other jurisdictions to determine which matters the Constitutional Court should accept for appeals. In this respect, the article inspects the Supreme Court of the United States case docket to determine the kinds of cases the court accepts for appeals.

Growing threats to environmental human rights defenders: The latest SLAPP suit developments in South Africa

by | Dec 9, 2021 | SAJELP, SAJELP 2020

Growing threats to environmental human rights defenders: The latest SLAPP suit developments in South Africa

Author: Lisa Chamberlain

ISSN: 2616-8499
Affiliations: BA LLB (Wits) LLM (Michigan). Senior Lecturer, School of Law, University of the Witwatersrand, Research Associate, Southern Centre for Inequality Studies, University of the Witwatersrand
Source: South African Journal of Environmental Law and Policy 2020, p. 5 – 38

Abstract

Human rights defenders’ lives, activism, and livelihoods are under threat globally. This is a particular reality for those working to protect land and natural resources. This article examines one of the forms in which environmental activists are being targeted in South Africa, namely the abuse of litigation processes to silence dissent, referred to as Strategic Litigation Against Public Participation (SLAPP suits). This article examines the development of SLAPP suits in South Africa and the impact that they have on the environmental sector and environmental rights. It then discusses some of the latest developments in SLAPP suits locally, including how in recent years, in addition to the more traditional defamation-style SLAPP suit, SLAPP suits have started to take new forms such as costs proceedings and allegations of intellectual property infringement. Lastly, this article explores possible responses to SLAPP suits, concluding that serious consideration needs to be given to anti-SLAPP legislation, the use of the special plea mechanism, and the opportunities for enhanced advocacy and solidarity action that SLAPP suits provide.

Informing the regulatory framework on water and sanitation in Southern Africa: The emerging governance framework accompanying SDG 6

by | Dec 9, 2021 | SAJELP, SAJELP 2020

Informing the regulatory framework on water and sanitation in Southern Africa: The emerging governance framework accompanying SDG 6

Authors: Germarié Viljoen and Bronwen Qumbu

ISSN: 2616-8499
Affiliations: LLB, LLM, LLD, Senior Lecturer in Law, North-West University; LLB, LLM, Lecturer in Law, North-West University
Source: South African Journal of Environmental Law and Policy 2020, p. 39 – 61
https://doi.org/10.47348/SAJELP/v26/a2

Abstract

At least 40% of the people in the Southern African Development Community (SADC) region do not have access to safe water and sanitation, rendering them vulnerable to prolonged conflicts and catastrophes, including exposure to water-borne diseases, other pandemics, poverty and human suffering. Although several international and African regional treaties support the human rights to water and sanitation, the ability of the SADC regulatory framework to give effect to these rights is concerning. In fact, available literature on the SADC’s ability to meaningfully realise these rights is fragmented and scant. This article examines theoretically a novel governance approach to the implementation of Sustainable Goal 6 of the United Nations 2030 Agenda. The article argues that the coercion through regional ‘goal setting’ may provide a conclusive, regional response to the continuing development of water and sanitation rights in the SADC region.

Vertically-challenged? Interrogating intergovernmental coordination in Kenya’s municipal solid waste management (MSWM) for sustainability

by | Dec 9, 2021 | SAJELP, SAJELP 2020

Vertically-challenged? Interrogating intergovernmental coordination in Kenya’s municipal solid waste management (MSWM) for sustainability

Authors: Wambua Kituku, Collins Odote, Charles Okidi and Patricia Kameri-Mbote

ISSN: 2616-8499
Affiliations: BSc (JKUAT) LLB LLM PhD candidate (Nairobi); LLB LLM PhD (Nairobi); BA (Alaska) MA PhD (Tufts); LLB (Nairobi) LLM (Warwock) LLM (Zimbabwe) LLD (Nairobi) PhD (Stanford)
Source: South African Journal of Environmental Law and Policy 2020, p. 62 – 104
https://doi.org/10.47348/SAJELP/v26/a3

Abstract

The concept of environmental integration offers a viable paradigm for realisation of sustainability through incorporation of environmental protection considerations in policy and legislation. Pursuing optimal environmental integration between various levels of governance – a concept known as vertical environmental integration (VEI) – is contingent on effective and adequate intergovernmental coordination. Using municipal solid waste management (MSWM) as a reference case, this paper explores the pursuit of VEI through intergovernmental coordination in Kenya. The paper argues that the prospects of entrenching VEI are undermined by inadequate and incongruent intergovernmental coordination mechanisms and strategies as well as by the lack of clarity in distribution of regulatory responsibilities in MSWM between the national and county levels of government. This is despite the adoption of a transformative Constitution in 2010 with a focus on devolution that emphasises coordinated and consultative relationships between the two levels of government. Lessons from South Africa offer prospects for improving intergovernmental coordination to achieve sustainability in MSWM.