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Property Law in Namibia provides an autochthonous discussion of property law in Namibia. It does not only capture the constitutional, statutory and common law sources of property law in Namibia, but it also covers currently topical subjects such as property rights of women and land reform in Namibia. The publication is meant to be utilised by law academics, property law lecturers, legal practitioners and conveyancers, law students, students pursuing specialised land related programmes such as land use planning and officials in government ministries. Property Law in Namibia contains chapters on traditional concepts of property law such as the scope and nature of the law of property, classifications of things, real rights and personal rights, ownership and possession. Chapter 9 is devoted entirely to remedies, which is a departure from the norm, but where relevant, appropriate remedies are indicated in the specific parts of the text. In order to give prominence to Namibian property jurisprudence topics on the genesis of the land tenure systems of Namibia, land reform, and property rights of women in Namibia have either been dealt with in separate chapters or been included as parts of other chapters. This publication is meant to be utilised by law academics, property law lecturers, legal practitioners and conveyancers, law students, students pursuing specialised land related programmes such as land use planning and officials
In 1954, the Haillom people were evicted from Etosha by the South African-con-trolled South West African Administration. In 2015, the Haillom filed the case of Tsumib v Government of the Republic of Namibia in the High Court of Namibia. "Beggars on our own land ..." unravels the historical and contemporary socio-legal complexities that led to the Tsumib case. At the core of the case lies the legal question, how can the Haillom people approach the Namibian Courts in order to claim compensation for the loss of their ancestral lands? Odendaal goes into detail how the Tsumib case materialised under the post-inde-pendence Namibian constitutional discourse. He assesses the Namibian land re form programme and its oversight in dealing with historical land dispossessions. He inspects Haillom "identity" and how it was used to strengthen their case. He concludes with an examination of Namibia's outdated and restrictive legal frame-work, which ultimately denied the Haillom people their constitutional right to be heard in the Namibian Court. While the future of ancestral land claims in Namibia depends on the political will of the Namibian government, Odendaal argues that the Namibian courts have a duty to comply with the rights giving nature of the Namibian Constitution that lays the foundation for the Haillom people's ancestral claims.
The author of this book, Prof. S.K. Amor, is Acting Director of the Justice Training Centre and lecturer at the University of Namibia. The writing of this book was inspired mainly by the fact that, despite Namibia's independence in 1990, Namibian legal practitioners, academics and students lecturing and studying law at the University of Namibia (UNAM) still do not have a truly Namibian reference book. Instead, they rely heavily on legal literature from South Africa and other countries. An Introduction to Namibian Law is an attempt to bridge this gap by introducing law academics, lecturers and students to the most important aspects of Namibian law. It explains the origin of the country's law and looks at the various influences over the years. The book contains material covered in various UNAM courses, such as Jurisprudence, Introduction to Cases, Comparative Law, Constitutional and Administrative Law, Interpretation of Statutes, and Civil and Criminal Procedure. It also contains various extracts in support of legal arguments, in which legal concepts are illustrated and thoroughly explained, as well as sample legal forms. Full accounts of certain cases are included to give students of Namibian law a depth of understanding of how Namibian law has been applied over the years.
Intersectionality and Women's Access to Justice, edited by J. Jarpa Dawuni, propounds layered intersectionality as a paradigm for examining how gendered factors affect women's access to justice, whether as judges or litigants. Through intersectional and decolonial frameworks, the contributors analyze the lived experiences of women and their access to justice by situating the courtroom as both a spatial and a temporal arena for seeking justice (as litigants) and for seeking access to the bench (as judges). This book examines patterns of mutually reinforcing discriminatory practices that women share based on common gender identities and depending on which identities are at play at a given point in time in both traditional and statutory courts. The book provides recommendations for various justice sector providers.
This fully updated book offers a compact and accessible account of EU intellectual property (IP) law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU’s programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP’s relationship with the EU’s rules on free movement of goods and competition, as well as examining the enforcement of IP rights. Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of IP is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world. Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.
Rights to their traditional lands and resources are essential to the survival of indigenous peoples. This book analyzes the substance and procedure of the most advanced system of safeguarding these rights, developed in the Inter-American system of human rights protection.
The potential use of space for military purposes has, since the end of the Second World War, been intrinsically linked to the development of space technology and space flight. The political relevance of outer space continues to be recognised by nations, and in particular the strategic benefit of Earth observation from outer space remains an important national security tool. However, because of the dual-use potential of many space applications, the distinction between the military and non-military uses of space is becoming increasingly blurred. The consequent potential for conflict between nations in order to protect their space assets is alarmingly clear.The outer space arena has, however, evolved to increasingly include non-state entities, which are becoming more and more involved in outer space activities. These activities currently comprise the use of satellites for navigation purposes, the transportation of supplies to the International Space Station and the offering of tourist flights into outer space. Today in all space-faring countries, the space industry contributes to national GDP and supports the labour force. It also serves as a catalyst for technological advancement and productivity growth, and has become an integral part of the day-to-day lives of people all around the world.The involvement of private actors in outer space has, however, given rise to a number of legal issues, including questions pertaining to liability, insurance and property rights in space. The current outer space treaties are to a large degree outdated and unable to deal with legal issues arising out of the military and commercial use of outer space.Outer Space Law: Legal Policy and Practice is aimed at readers looking for a single title to understand the key issues relevant to the space sector, with an emphasis on the practical application of those issues. The book will be specifically relevant to legal practitioners, academics and state departments primarily working in the space arena, as well as to those in other related sectors such as IT and media, insurance and political science. Edited by Yanal Abul Failat, lawyer at the international law firm LXL LLP, and Professor Anél Ferreira-Snyman, a professor of law specialising in international space law at the University of South Africa, the book includes contributions by leading experts from space agencies, space venturers, lawyers, economists, insurers, academics and financiers.
This book provides readers with the knowledge necessary to fully understand how international law carved the history and life of Namibia. It observes that Namibia has benefited from and contributed to international law in a way that shaped that country’s political and socio-economic development and to an extent that few other countries experienced. For many a year since Namibia achieved Independence on 21 March 1990 and established the Faculty of Law at the University of Namibia in 1992, students and lecturers have relied on materials from South Africa, despite the fact that Namibian law has since then grown apart from its South African heritage. It is high time for lecturers and students in Namibia to teach and learn with a textbook that analyses international law from the distinct standpoint of Namibia and that views the nation’s legal interactions with other states through its own prism! And this textbook aims to do just that. Through its 19 chapters, this book informs readers about international law, its sources, international treaties, Namibian statehood, dispute resolution, the use of force, human rights, Namibia’s economic relations with the outside world (including the Southern African Customs Union), and the law of the sea. Namibian courts have in their own way followed the rules of international law scrupulously, but – as this book shows – international law nonetheless remains the source of Namibian law that lawyers apply the least. Accordingly, this book underlines the significance, the practical utility, and the relevance of international law in the unique Namibian context.
The book is about the contention land issue between the Khwe San and the Authority in West Caprivi, Namibia.
The author of this book, Prof. S.K. Amor, is Acting Director of the Justice Training Centre and lecturer at the University of Namibia. The writing of this book was inspired mainly by the fact that, despite Namibia's independence in 1990, Namibian legal practitioners, academics and students lecturing and studying law at the University of Namibia (UNAM) still do not have a truly Namibian reference book. Instead, they rely heavily on legal literature from South Africa and other countries. An Introduction to Namibian Law is an attempt to bridge this gap by introducing law academics, lecturers and students to the most important aspects of Namibian law. It explains the origin of the country's law and looks at the various influences over the years. The book contains material covered in various UNAM courses, such as Jurisprudence, Introduction to Cases, Comparative Law, Constitutional and Administrative Law, Interpretation of Statutes, and Civil and Criminal Procedure. It also contains various extracts in support of legal arguments, in which legal concepts are illustrated and thoroughly explained, as well as sample legal forms. Full accounts of certain cases are included to give students of Namibian law a depth of understanding of how Namibian law has been applied over the years.