scholarly journals The Legal Boundaries of ‘Public Purpose’ in India and South Africa: A Comparative Assessment in Light of the Voluntary Guidelines

Land ◽  
2019 ◽  
Vol 8 (10) ◽  
pp. 154
Author(s):  
Hoops ◽  
Tagliarino
Keyword(s):  
South Africa ◽  
Decision Making ◽  
Comparative Analysis ◽  
National Level ◽  
Current Status ◽  
Legal Norms ◽  
Secondary Sources ◽  
Public Purpose ◽  
Legal Frameworks ◽  
Voluntary Guidelines

The Voluntary Guidelines on the Responsible Governance of Tenure (VGGT) call for governments to clearly define the term ‘public purpose’ to allow for judicial review of the goals of expropriations of property. However, recent research indicates that national-level legal frameworks that govern expropriation decision-making not only vary greatly from country to country but also often fail to comply with the VGGT standards on expropriation. This creates the potential for unpredictable and, in some cases, arbitrary applications of expropriation law in practice. Focusing on legal norms and jurisprudence applicable to ‘public purpose’ decision-making in South Africa and India, this article provides a comparative analysis of these countries’ legal frameworks as means of ascertaining (1) the current legal boundaries to decisions on the expropriation’s goal; (2) whether these boundaries comply with the VGGTs; and (3) what these two countries can learn from one another in terms enacting legislation and regulations that comply with the VGGTs. To conduct this comparative analysis, we thoroughly examine constitutional provisions, relevant case law, legislation, regulations, and relevant secondary sources to highlight the current status of India’s and South Africa’s law on ‘public purpose’ and how they relate to the VGGTs. We conclude by distilling some key findings that can inform the decisions of expropriation lawmakers in both countries, especially in South Africa where a draft Expropriation Bill is currently being considered.

PARTICULARITIES REGARDING THE USE OF PLANNING METHODOLOGIES IN THE FRAMEWORK OF LAND FORCES’ MILITARY OPERATIONS

2021 ◽  
Vol 17 (1) ◽  
pp. 27-31
Author(s):  
Paul TUDORACHE
Keyword(s):  
Decision Making ◽  
Comparative Analysis ◽  
Design Methodology ◽  
National Level ◽  
Research Paper ◽  
Decision Making Process ◽  
Military Operations ◽  
Primary Activity ◽  
The Military ◽  
Military Decision Making

Abstract: The manifestation of different dissensions regarding the use of planning methodologies in the operations process has become a reality, both at national level and within NATO. Therefore, this research paper contributes to the theoretical clarification on defining the specific methodologies, respectively their employment in relation to the level of Land Forces military operations. Another objective of this paper is to make a comparative analysis between the design methodology, military decision making process (MDMP) and troop leading procedures (TLP), targeting the military structures within the Land Forces, and those belonging to NATO. Also, at the end, the paper highlights some perspectives of improving planning, as the primary activity which starts the operations process.

Implementation of the Principles of Good Governance on the National Level outside the EU

2019 ◽  
pp. 209-242
Author(s):  
Henk Addink
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Good Governance ◽  
National Level ◽  
Historical Background ◽  
Fourth Power ◽  
Review Section ◽  
Legal Norms ◽  
Equality Rights ◽  
Good Government

In this chapter, the focus is on the implementation of good governance norms in three countries outside Europe: Australia, Canada, and South Africa. Relating to the implementation of the good governance principles in Australia, we start with the historical background and good governance approaches in the country. There is a classical rule of law and separation of powers but also new administrative law reforms and including the position of the fourth power. Important is the role of the Ombudsman and the relation between good governance and human rights. Especially the principles of participation, transparency and accountability have been worked out. The idea of integrity goes beyond matters of simple ‘legality’. Important is the influx of integrity commissions, ombudsmen and means of judicial and merit review. Although Canada does not have specific legislation that explicitly outlines good governance principles, it is clear that Canada has put them into practice. The Constitution guarantees Canadian citizens ‘peace, order, and good government’. The rule of law provides that every person must abide by the law and Section 15 guarantees equality rights to Canadian citizens. The judiciary is also a source for good governance. Finally, administrative officials are held accountable by judicial review, section 24 of the Charter, and with the ombudsmen. Nevertheless, there is still room for improvement. South Africa has extensively integrated good governance principles into its legal system, but faces the same problems that other developing countries in Africa have. Thus, although South Africa has a sound legal foundation for good governance, lessons can still be learned on how to translate these legal norms into practical application.

scholarly journals An evaluation of the current status of EIA system in Pakistan focusing Khyber Pakhtunkhwa

2018 ◽  
Vol 7 (2) ◽  
pp. 20
Author(s):  
Deedar Ahmed ◽  
Abdullah Khan ◽  
Zulfiqar Ali ◽  
Daulat Khan ◽  
Ihsan Ullah Afridi
Keyword(s):  
Decision Making ◽  
Environmental Assessment ◽  
Evaluation Model ◽  
National Level ◽  
Assessment System ◽  
Assessment Process ◽  
Current Status ◽  
Decision Making Process ◽  
Environmental Legislation ◽  
Khyber Pakhtunkhwa

Pakistan, like many other developing countries has adopted the integration of environmental concerns in its social and economic planning. Pakistan has developed some environmental legislation and policies at the national level for the protection and conservation of environment. This paper evaluates the current status of the environmental assessment system in Pakistan and especially in the Khyber Pakhtunkhwa (KP) province by using the Christopher Wood Evaluation Model. The EIA system in Pakistan has many strong features like the legal basis for assessment process, strong apprehension and willingness for screening and scoping, stakeholder’s involvement and participation, mitigation of impacts, and cost & benefits of EIA system. The limitations found in the assessment process of Pakistan includes Preparation of EIA report and its review, monitoring and auditing, strategic environmental assessment, while consideration of alternatives and decision making mechanisms are completely ignored. Besides these, the study revealed the practice of ineffective remedial measures, non-professional, inexperience and unregistered consultants involved in the environmental assessment and sporadically the politically oriented decision making process. This evaluation led to a series of suggestions regarding the improvement of EIA system in Pakistan and especially KP Province with a view to develop its quality and effectiveness.

scholarly journals Prioritising ‘already-scarce’ intensive care unit resources in the midst of COVID-19: a call for regional triage committees in South Africa

2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Reshania Naidoo ◽  
Kantharuben Naidoo
Keyword(s):  
South Africa ◽  
Decision Making ◽  
Critical Care ◽  
Clinical Decision Making ◽  
Contextual Factors ◽  
National Level ◽  
Clinical Work ◽  
Clinical Decision ◽  
Moral Dilemmas ◽  
The Face

Abstract Background The worsening COVID-19 pandemic in South Africa poses multiple challenges for clinical decision making in the context of already-scarce ICU resources. Data from national government and the last published national audit of ICU resources indicate gross shortages. While the Critical Care Society of Southern Africa (CCSSA) guidelines provide a comprehensive guideline for triage in the face of overwhelmed ICU resources, such decisions present massive ethical and moral dilemmas for triage teams. It is therefore important for the health system to provide clinicians and critical care facilities with as much support and resources as possible in the face of impending pandemic demand. Following a discussion of the ethical considerations and potential challenges in applying the CCSSA guidelines, the authors propose a framework for regional triage committees adapted to the South African context. Discussion Beyond the national CCSSA guidelines, the clinician has many additional ethical and clinical considerations. No single ethical approach to decision-making is sufficient, instead one which considers multiple contextual factors is necessary. Scores such as the Clinical Frailty Score and Sequential Organ Failure Assessment are of limited use in patients with COVID-19. Furthermore, the clinician is fully justified in withdrawing ICU care based on medical futility decisions and to reallocate this resource to a patient with a better prognosis. However, these decisions bear heavy emotional and moral burden compounded by the volume of clinical work and a fear of litigation. Conclusion We propose the formation of Provincial multi-disciplinary Critical Care Triage Committees to alleviate the emotional, moral and legal burden on individual ICU teams and co-ordinate inter-facility collaboration using an adapted framework. The committee would provide an impartial, broader and ethically-sound viewpoint which has time to consider broader contextual factors such as adjusting rationing criteria according to different levels of pandemic demand and the latest clinical evidence. Their functioning will be strengthened by direct feedback to national level and accountability to a national monitoring committee. The potential applications of these committees are far-reaching and have the potential to enable a more effective COVID-19 health systems response in South Africa.

scholarly journals Whose Water? A Comparative Analysis of National Laws and Regulations Recognizing Indigenous Peoples’, Afro-descendants’, and Local Communities’ Water Tenure

2020 ◽  
Author(s):  
◽  
Keyword(s):  
Comparative Analysis ◽  
Indigenous Peoples ◽  
National Level ◽  
Local Communities ◽  
Comparative Assessment ◽  
International Comparative ◽  
Legal Frameworks ◽  
Laws And Regulations

This report presents an innovative, international comparative assessment on the extent to which various national-level legal frameworks recognize the freshwater tenure rights of Indigenous Peoples, Afro-descendants, and local communities, as well as the specific rights of women to use and govern community waters.

Human Biobanking in Developed and Developing Countries: An Ethico-Legal Comparative Analysis of the Frameworks in the United Kingdom, Australia, Uganda, and South Africa

2020 ◽  
Vol 30 (1) ◽  
pp. 146-160
Author(s):  
SAFIA MAHOMED
Keyword(s):  
South Africa ◽  
Developing Countries ◽  
United Kingdom ◽  
Comparative Analysis ◽  
The United Kingdom ◽  
Biobank Research ◽  
International Collaborations ◽  
Consistent Manner ◽  
Legal Frameworks ◽  
Over Time

AbstractAlthough the concept of biobanking is not new, the open and evolving nature of biobanks has created profound ethical, legal, and social implications, including issues around informed consent, community engagement, secondary uses of materials over time, ownership of materials, data sharing, and privacy. Complexities also emerge because of increasing international collaborations and differing national positions. In addition, the degrees and topics of concern vary as legislative, ethical, and social frameworks differ across developed and developing countries. Implementing national laws in an internationally consistent manner is also problematic. However, these concerns should not cause countries, especially developing countries, to lag behind as this novel wave of research gains momentum, particularly while several biobank initiatives are already underway in the developing world. As the law has always struggled to keep up with the fast-evolving scientific arena, this article seeks to identify the ethico-legal frameworks in place in the United Kingdom, Australia, Uganda, and South Africa, for human biobank research, in an attempt to compare and contextualize the approaches to human biobanking in specific developed and developing countries.

scholarly journals The confidante method to measure abortion: implementing a standardized comparative analysis approach across seven contexts.

2021 ◽  
Author(s):  
Onikepe Oluwadamilola Owolabi ◽  
Margaret Giorgio ◽  
Ellie Leong ◽  
Elizabeth Sully
Keyword(s):  
Decision Making ◽  
Comparative Analysis ◽  
National Level ◽  
Induced Abortion ◽  
Regional Model ◽  
Incidence Rates ◽  
Future Studies ◽  
One Year ◽  
The Uk ◽  
Abortion Incidence

Abstract Background: Obtaining representative abortion incidence estimates is challenging in restrictive contexts. While the confidante method has been increasingly used to collect this data in such settings, there are several biases commonly associated with this method. Further, there are significant variations in how researchers have implemented the method and assessed/adjusted for potential biases, limiting the comparability and interpretation of existing estimates. This study presents a standardized approach to analyzing confidante method data, generates comparable abortion incidence estimates from previously published studies and recommends standards for reporting bias assessments and adjustments for future confidante method studies.Methods: We used data from previous applications of the confidante method in Côte d’Ivoire, Ethiopia, Ghana, Java (Indonesia), Nigeria, Uganda, and Rajasthan (India). We estimated one-year induced abortion incidence rates for confidantes in each context, attempting to adjust for selection, reporting and transmission bias in a standardized manner.Findings: In each setting, majority of the foundational confidante method assumptions were violated. Adjusting for transmission bias using self-reported abortions consistently yielded the highest incidence estimates compared with other published approaches. Differences in analytic decisions and bias assessments resulted in the incidence estimates from our standardized analysis varying widely from originally published rates.Interpretation: We recommend that future studies clearly state which biases were assessed, if associated assumptions were violated, and how violations were adjusted for. This will improve the utility of confidante method estimates for national-level decision making and as inputs for global or regional model-based estimates of abortion.Funding: UK Aid from the UK Government

The World Economic Forum Principles on "Climate Governance on Corporate Boards": can soft law help to face climate change around the world?

2020 ◽  
pp. 37-55
Author(s):  
Sabrina Bruno
Keyword(s):  
Climate Change ◽  
South Africa ◽  
Comparative Analysis ◽  
Boards Of Directors ◽  
Soft Law ◽  
Corporate Boards ◽  
World Economic Forum ◽  
Financial Factor ◽  
The World ◽  
World Economic

Climate change is a financial factor that carries with it risks and opportunities for companies. To support boards of directors of companies belonging to all jurisdictions, the World Economic Forum issued in January 2019 eight Principlescontaining both theoretical and practical provisions on: climate accountability, competence, governance, management, disclosure and dialogue. The paper analyses each Principle to understand scope and managerial consequences for boards and to evaluate whether the legal distinctions, among the various jurisdictions, may undermine the application of the Principles or, by contrast, despite the differences the Principles may be a useful and effective guidance to drive boards' of directors' conduct around the world in handling climate change challenges. Five jurisdictions are taken into consideration for this comparative analysis: Europe (and UK), US, Australia, South Africa and Canada. The conclusion is that the WEF Principles, as soft law, is the best possible instrument to address boards of directors of worldwide companies, harmonise their conduct and effectively help facing such global emergency.

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