International law is not static; it develops constantly. Namibia is classic case, illustrating the changing law of nations. International Law and the Protection of Namibia's Territorial Integrity: Boundaries and Territorial Claims demonstrates this with an analysis of the legal and factual elements present in the creation, boundaries and territorial claims of Namibia, and the determinations of the League of Nations and the political organs of the United Nations which developed and clarified the rules of international law. Nambia's unique international status and diplomatic history requires the consideration of a large number of different topics within public international law. Some of these issues are very complex and technical, as they involve major questions of international law and politics. Through the use of primary sources, case law, state practice and the opinions of eminent jurists, the author addresses these challenging and revealing issues. Anyone interested in public international law, international relations, political science, history, or geography will appreciate the way that this work covers the interesting and informative changes in this revealing nation.

International law is not static; it develops constantly. Namibia is classic case, illustrating the changing law of nations. "International" "Law and the Protection of Namibia's Territorial Integrity: Boundaries" "and Territorial Claims" demonstrates this with an analysis of the legal and factual elements present in the creation, boundaries and territorial claims of Namibia, and the determinations of the League of Nations and the political organs of the United Nations which developed and clarified the rules of international law. Nambia's unique international status and diplomatic history requires the consideration of a large number of different topics within public international law. Some of these issues are very complex and technical, as they involve major questions of international law and politics. Through the use of primary sources, case law, state practice and the opinions of eminent jurists, the author addresses these challenging and revealing issues. Anyone interested in public international law, international relations, political science, history, or geography will appreciate the way that this work covers the interesting and informative changes in this revealing nation.

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 countrys 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 nations 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, Namibias 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.

An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.

This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.

Yaël Ronen analyses the international legal ramifications of illegal territorial regimes, namely the illegal annexation of territory or illegal declarations of independence, by reference to the stage of transition from an illegal territorial regime to a lawful one. Six case studies (Namibia, Zimbabwe, the Baltic States, the South African Bantustans, East Timor and northern Cyprus) are used to explore the tension between the invalidity of the illegal regime's acts and their effectiveness, with respect to the international relations of such territories, their domestic legal systems, the status of settlers and land transfers. Relying heavily on primary and previously unconsidered sources, she focuses on the international legal constraints on the post-transition regime's policy, particularly in the context of international human rights law.

This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region’s global impact, this book is of interest to Asia watchers, academics and policymakers alike.

The Law of International Watercourses examines the rules of international law governing the non-navigational uses of international watercourses. The continued growth of the world's population places increasing demands on Earth's finite supply of fresh water. Because two or more states sharemany of the world's most important drainage basins - including The Danube, The Ganges, The Indus, The Jordan, The Mekong, The Nile, The Rhine, and The Tigris-Euphrates - competition for increasingly scarce fresh water resources is likely to increase. Resulting disputes will be resolved against thebackdrop of the rules of international law governing the use of international watercourses. In addition, these rules are of importance to donor institutions and governments that provide development assistance for projects relating to shared fresh water resources. While the law of international watercourses continues to evolve due to the intensification of use of shared fresh water resources and, consequently, increasingly frequent contacts between riparian states, The basic rules are reflected in the 1997 UN Convention on the law of the non-navigationaluses of international watercourses. This book devotes a chapter to the 1997 Convention but also examines the factual and legal context in which the Convention should be understood, considers the more important rules of the Convention in some depth and discusses specific issues that could not beaddressed in a framework instrument of that kind. In particular, the book studies the major cases and controversies concerning international watercourses as a background against which to consider the basic substantive and procedural rights and obligations of states.

This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and articulates the correlative duties within the context of the respect – protect – fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission’s Principles and Guidelines on Social and Economic Rights, and the World Health Organisation’s Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.

Diamond Warriors in Colonial Namibia enters into unchartered scholarly territory of illegal diamond smuggling at the largest diamond mining company in colonial Namibia—De Beers’ Consolidated Diamond Mines of South West Africa (CDM). It details the underground activities of the natives (migrant workers) employed by the CDM and how these illicit activities accounted for rapid development in Owamboland. Beyond this account, the book takes on the deterministic ‘natural resource curse’ theory that equates natural resource endowments to a curse resulting in underdevelopment and sometimes conflict. It is argued and proven herein, from a decolonial standpoint, that such an approach is an oversimplification of the political economy of natural resources in Africa in general and Namibia in particular. The text also provides a contextual account of the contract labour system and details the symbiotic relationship between CDM and the colonial state before highlighting the remaining unanswered questions and areas of further research