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The book provides a colloection of papers of different aspect of law in Botswana. This includes: corruption; media; land; and trade marks.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Botswana provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Botswana will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Botswana surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Botswana will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.
Recent scholarship has increasingly shown that traditional rulers occupy a pivotal place in the dynamics of power in Africa. Drawing upon the work of Van Rouveroy van Nieuwaal, former professor of African Studies at Leiden University, this collection presents nine case studies of the dynamics of traditional leadership in modern Africa. African and European specialists deal with local situations in countries as diverse as Nigeria, Ghana, Mali, Togo, Cameroon, Zambia, Botswana, Tanzania, and South Africa. The debate on the resilience of African chieftainship adds to the significance of this volume. Wim van Binsbergen is professor of foundations of intercultural philosophy, Erasmus University, Rotterdam, and chair of the theme group on globalization, African Studies Centre, Leiden.
This book is a collection of essays honouring and engaging with the work of the late Professor Patrick McAuslan. It is a collection that narrates, analyses and critiques McAuslan’s contributions, as well as offering substantive perspectives on how his work has impacted the legal fields in which he was involved: including those of land law, urban planning law and policy, land use and participation in developing countries, democratic constitutionalism, and legal education. The essays present McAuslan’s contributions in the contexts in which they emerged, and according to both the circumstances and motivations that shaped them, as well as the challenges they encountered. It thus provides an ideal point of engagement for scholars, students and policy makers that have already interacted with McAuslan’s ideas and work, or who have yet to do so.
Derived from the renowned multi-volume International Encyclopaedia of Laws,this book provides a practical analysis of criminal law in Botswana.An introduction presents the necessary background information about theframework and sources of the criminal justice system, and then proceeds to adetailed examination of the enforcement of the criminal law, the grounds forand modes of criminal liability, the defences that diminish or excuse criminalliability, the classicisation of criminal offences, and the sanctions system.Coverage of criminal procedure focuses on prosecuting authorities and themodes of initiating prosecutions, pre-trial proceedings, trial stage, judgmentand post-judgment stages.Its succinct yet scholarly nature, as well as the practical quality of theinformation it provides, make this book a valuable resource for criminallawyers, prosecutors, law enforcement officers, and criminal court judgeshandling cases connected with Botswana. Academics and researchers, as well asthe various international organizations in the field, will welcome this veryuseful guide, and will appreciate its value in the study of comparativecriminal law.
The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.