Project
The Changing Place of the Corporation in International Law (Crossing Borders: Boundaries and Legal Authority in a Global Context)
This is a team project within the Crossing Borders theme.
Project
Private lands conservation in law and culture
Many ecological conservation goals require the use of legal means to channel land development and otherwise curtail unsound uses of privately owned lands.
Publication
When is discrimination unfair? A relational reconstruction of the constitutional court’s dignity-based approach
Meyerson, Denise. 2024. When is discrimination unfair? A relational reconstruction of the constitutional court’s dignity-based approach. The...
Publication
Constitutional Identity and Constitutionalism in Africa
Fombad, Charles M. and Nico Steytler. (Eds.). 2024. Constitutional Identity and Constitutionalism in Africa. Oxford University Press. https:...
Project
Constitutional Identity and Constitutionalism in Africa
The main purpose of this project is to interrogate whether the challenges faced by the new generation of African constitutions to enhance the prospects for constitutionalism was due, inter alia, to their lack of alignment with the African social context in terms of reflecting an African constitutional identity.
Publication
Haunting (in)equalities
Karin van Marle. 2008. Haunting (in)equalities. In “Rethinking equality projects in law: Feminist perspectives”. R Hunter (ed). London: Hart
Publication
Refusal, Transition and Post-Apartheid Law
Karin van Marle (editor). 2009. Refusal, Transition and Post-Apartheid Law. SUN MeDIA. 163 pp. ISBN: 978-1-920-338-08-4
Publication
Elements of Land Law (5th edition)
Kevin Gray and Susan Francis Gray. 2009. Elements of Land Law (5th edition). Oxford University Press.
Publication
Fruit from a poisoned tree
Antony Altbeker. 2010. Fruit from a poisoned tree. Johannesburg: Jonathan Ball Publishers SA. 320 pp
Publication
Negotiating Social Change in the Shadow of the Law
Bob Hepple. 2012. Negotiating Social Change in the Shadow of the Law. Stellenbosch Law Review, 23 (2), pp 248–273
Publication
Social exclusion, global poverty, and scales of (in)justice : rethinking law and poverty in a globalizing world
Nancy Fraser. 2012. Social exclusion, global poverty, and scales of (in)justice : rethinking law and poverty in a globalizing world. Stellen...
Publication
Liberal Constitutionalism, property Rights, and the Assault on poverty
Frank I Michelman. 2012. Liberal Constitutionalism, property Rights, and the Assault on poverty. Stellenbosch Law Review, 22 (3), pp 706–723
Publication
Shaping the Law for Global Crises
Jaap Spier. 2012. Shaping the Law for Global Crises. Eleven International Publishing. 292 pp. ISBN-10: 9490947431
Publication
Fault Lines of Globalization: Legal Order and the Politics of A-Legality
Hans Lindahl. 2013. Fault Lines of Globalization: Legal Order and the Politics of A-Legality. Oxford University Press, 286 + xii pp) ISBN 97...
Publication
The idea of legal responsibility
Nils Jansen. 2014. The idea of legal responsibility. Oxford Journal of Legal Studies, 34, 221-252.
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How Human Rights Shape Social Citizenship: On Citizenship and the Understanding of Economicand Social Rights
Ulrike Davy. 2014. How Human Rights Shape Social Citizenship: On Citizenship and the Understanding of Economicand Social Rights. Washington ...
Publication
The Modern Practice of Intervention by Invitation in Africa and Its Implications for the Prohibition of the Use of Force
De Wet, Erika. 2015. The Modern Practice of Intervention by Invitation in Africa and Its Implications for the Prohibition of the Use of Forc...
Publication
Battling over Human Rights: Twenty Essays on Law, Politics and Governance
Oloka-Onyango, Joe. 2015. Battling over Human Rights: Twenty Essays on Law, Politics and Governance. Bamenda: Langaa RPCIG. http://langaa-rp...
Publication
The Reception of International Law in the South African Legal Order: An Introduction
De Wet, Erika. 2015. The Reception of International Law in the South African Legal Order: An Introduction. In The Implementation of Internat...
Publication
One Pillar: Legal Authority and a Social License to Operate in a Global Context
Lindahl, Hans. 2016. One Pillar: Legal Authority and a Social License to Operate in a Global Context. Indiana Journal of Global Legal Studie...
Publication
Farewell to Unjustified Enrichment?
Jansen, Nils. 2016. Farewell to Unjustified Enrichment? Edinburgh Law Review 20(2):123–48. http://www.euppublishing.com/doi/10.3366/elr.2016...
Publication
Gesetzliche Schuldverhältnisse. Eine Historische Strukturanalyse
Jansen, Nils. 2016. Gesetzliche Schuldverhältnisse. Eine Historische Strukturanalyse. Archiv fuer die civilistische Praxis 216(1):112–233. h...
Publication
Categorical Rights and Vulnerable Groups: Moving Away from the Universal Human Being
Bossuyt, Marc. 2016. Categorical Rights and Vulnerable Groups: Moving Away from the Universal Human Being. The George Washington Internation...
Publication
Introduction: Global Human Rights Law and the Boundaries of Statehood
Augenstein, Daniel and Hans Lindahl. 2016. Introduction: Global Human Rights Law and the Boundaries of Statehood. Indiana Journal of Global ...
Publication
International Human Rights Protection: Balanced, Critical, Realistic
Bossuyt, Marc. 2016. International Human Rights Protection: Balanced, Critical, Realistic. Cambridge-Antwerp-Portland: Intersentia. http://i...
Publication
Radical Dissents in International Criminal Trials
Jain, Neha. 2017. Radical Dissents in International Criminal Trials. European Journal of International Law, 28(4), 1163–1186. https://doi.or...
Publication
Authority and the Globalisation of Inclusion and Exclusion
Lindahl, Hans. 2018. Authority and the Globalisation of Inclusion and Exclusion. Cambridge University Press. https://doi.org/10.1017/9781316...
Publication
Accepting the political face of international criminal justice
Bachmann, Klaus and Aleksandar Fatić. 2019. Accepting the political face of international criminal justice. International Journal of Law, Cr...
Publication
STIAS Series Volume 4: Genres of Critique: Law, Aesthetics and Liminality
Genres of Critique: Law, Aesthetics and Liminality Karin van Marle and Stewart Motha (Editors) SUN PRESS (2014, 168 pp) ISBN: 978-1-920689...
Project
The Law of Commissions: A Comparative Study of the Place of Commissions in Law and Governance.
The purpose of this work is to explore the role of Commissions; interrogate existing Commission discourses; examine the power of Commissions and their place in law and governance; investigate the global developments of their legal and socio-political dimensions; a process that involves a holistic approach that probes and unpacks Commissions in their complexity.
Project
From Sovereignty to Property (and back): The spatial transition of colonial and developmentalist claims over land
Central to the question of land grabs around the world is a tension between the sovereignty of States - and its internal manifestation in the form of eminent domain - and the property rights of individuals and communities.
Project
Self, Autonomy, Authority and Law: The Challenge of ‘Leaky Bodies’
The unity, integrity, health and prospects of collectives such as states, nations and societies are often imagined in terms of the individual human body.
Project
Ubuntu: a Meta-norm for the West?
Ubuntu is an Nguni word that covers a broad semantic field to signify a sharing that connects humans and typifies all right thinking.
Project
Asymmetric (Trans)Constitutionalism beyond Eurocentrism and Post-Colonialism
The research deals with the asymmetrical political relations in the world society and their impact on transconstitutional entanglements between legal orders.
Project
Contemporary law: the dialectic of unity and plurality
The simultaneous unity and plurality of law was a central topic for Hans Kelsen.
Project
Understanding Non-Contractual Obligations: Unjust Enrichment and the Law of Torts in Comparative and Historical Perspective
Whereas the European and South African law of contracts is today seen as normatively integrated part of the law of obligations that can be explained coherently on the basis of an overarching theory or a set of intellectually related principles, the rest of the law of obligations is apparently still understood as resulting from various causes that are normatively independent and difficult to explain.
Project
African Constitutionalism: Comparative Perspectives
The general focus is on examining critical issues affecting the promotion of constitutionalism in Africa from a comparative perspective.
Project
Legal Traditions and the New Logics
Over the last three centuries western legal thinking has been driven by notions of nation-states, national legal systems and classical forms of logic.