Following the decision by the South African Minister of Trade, Industry and Competition to suspend anti-dumping duties in the International Trade Administration Commission (ITAC) Chicken Meat Dumping Investigation case, and the subsequent outbreak of disease amongst poultry, this article analyses the need to consider food security as part of the ‘public interest’ during anti-dumping investigations relating to essential food products. ITAC and the Minister of Trade are mandated, in terms of the relevant legal framework, to consider public interest as an additional fourth requirement on an ad hoc basis during anti-dumping investigations that may impact food security in South Africa and other Southern African Customs Union countries. Accessibility and availability elements of food security are affected by factors such as the type of product and whether it is an essential food, possible supply constraints impacting local food production, the prevalence or risk of disease outbreak, and the likelihood that price increases following the imposition of anti-dumping duties will be passed on to the end consumer. ITAC should consider these factors during anti-dumping investigations in a manner similar to the European Union’s consideration of the Union interest, ultimately assisting the Minister of Trade in making a decision regarding the imposition of anti-dumping duties in matters related to essential food products. If such an approach is adopted, it would be in line with the government’s obligation and responsibility to protect, promote and fulfil the right to access to sufficient food.
The Uniform Dispute Resolution Policy (UDRP) was developed in response to the need for the timely and effective resolution of disputes where protected trade marks were registered as domain names. Since its inception in 1999, it has proven to be a largely fair and effective remedy against ‘cybersquatting’, the bad-faith registration of domain names in violation of trade mark rights. Twenty-five years later, experts are reviewing the policy through the World Intellectual Property Organization-Internet Commerce Association (WIPO-ICA) UDRP Review Process to consider possible amendments to the global domain name dispute resolution system. The Initial Report of the WIPO-ICA UDRP Review Project Team, intended to inform the future Internet Corporation for Assigned Names and Numbers Policy Development Process, is analysed to identify recent UDRP trends, reasoning and best practice and to compare them with South Africa’s ‘.za’ domain name dispute resolution system.
Pardons and commutations in international criminal law remain contested because they sit at the intersection of accountability, victims’ rights, reconciliation and political power. The article explores the implications of national pardons on international crimes, particularly through the lens of Article 46K of the 2014 Malabo Protocol, which aims to establish jurisdiction for the African Criminal Court (ACC). Since the Protocol has not yet entered into force, the article uses a predictive analysis to assess how Article 46K is likely to operate if the ACC becomes operational and begins enforcing sentences through state cooperation. The analysis indicates that Article 46K does not automatically recognise domestic pardons but necessitates a controlled post-conviction clemency process. Through a doctrinal approach, the study evaluates the potential impacts of such pardons on victims’ rights and the ACC’s credibility. Drawing on comparative international and regional jurisprudence and practice, the paper identifies the conditions under which post-conviction mitigation may be compatible with international criminal justice, and the safeguards required to prevent clemency from functioning as a vehicle for impunity. It ultimately posits that, unless operationalised through transparent criteria, victim-facing procedures and consistency with international obligations to investigate and punish serious crimes, reliance on domestic eligibility standards risks weakening the ACC’s credibility and deterrent function.
The international trade of insects into and out of South Africa remains constrained by a persistent regulatory ‘pest lens’ that fails to recognise insects as legitimate commodities within agricultural, food and feed systems. This article challenges the narrow legal perspective of South African law highlighting fragmented domestic framework, limited relevant definitions and a reliance on legislation not designed for commercial insect trade. Drawing on the principles, rights and obligations of The World Trade Organisation’s Agreement on the Application of Sanitary and Phytosanitary Measures and related international standard setting bodies it proposes a shift towards a balance between insect trade facilitation and necessary protection of humans, animal and plant life or health. This article shows that this situation may lead to avoidable barriers to trade and constrained growth of the insect industry. It may also lead to gaps in Sanitary and Phytosanitary (SPS) risk management. This article makes the point that insects should not be confined in regulation to a ‘pest management’ or ‘pest lens’. Without purpose-specific regulation and policy, the insect industry remains vulnerable to trade barriers on account of legal uncertainty.
Child labour is a complex and pressing issue across the globe. Africa has not been immune to this challenge, and it continues to deal with it in various spaces. This article argues that the approach of the African Committee of Experts on the Rights and Welfare of the Child (Committee or African Children’s Committee) is crucial in protecting the rights of children in conflict situations. Using a doctrinal research methodology, the authors analyse written documents through a process of identifying, selecting, retrieving, and interpreting various documents, both physical and electronic, to gain new insights. As such, following the introduction, they adopt working definitions of ‘child labour’ and ‘armed conflict’. This is followed by an evaluation of the normative guidance on Article 15 of the African Charter on the Rights and Welfare of the Child in the context of other relevant articles and a focus on the Committee’s use of Article 46 as a tool for developing persuasive jurisprudence. With insights on child labour statistics, the article provides an overview of the magnitude of the problem on a global scale. This is followed by an evaluation of the institutional positioning of the Committee and finally, an analysis of selected jurisprudential developments. The key finding is that the Committee may use Article 46 to bridge protection gaps, drawing on International Human Rights Law and Humanitarian Law to clarify child labour issues. The article provides recommendations for strengthening the implementation and effectiveness of Article 15.
