INTRODUCTION: This article aims to complete an in-depth analysis of an often-overlooked part of the South African judicial system, the Magistrate Court system. The article will highlight the historical evolution of the Magistrates’ Courts, and the negative public perception of the Magistrates’ Courts, especially worsened by the Magistrates’ Courts’ role in perpetuating the harms of apartheid. In the post-apartheid period, the statutory construction of the Magistrates’ Courts has resulted in a restricted set of judicial obligations and powers, which renders the Magistrates’ Courts quasi-judicia ..read more

Introduction Little has been written about congressional treaty power beyond the seminal cases Missouri v. Holland, Reid v. Covert, and of course, Bond v. United States. But even with such a limited pool of information, one rule is clear: congressional power to regulate interstate commerce does not permit prosecutions for domestic crimes under statutes implementing international treaties. But does this limit extend to military prosecutors seeking to convict a soldier of murder involving internationally acquired bacteriological weapons? This Essay discusses a recent conviction of an Army Staff ..read more

The debate as to whether output produced autonomously by Artificial Intelligence (A.I.) systems can, and should, benefit from copyright protection is evolving from a topic of largely theoretical discussion to a question with which courts and legislators can no longer avoid grappling ..read more

The core principle at the heart of international law’s scheme for the protection of refugees is the principle of non-refoulement – that is, the obligation on the part of States not to return those with a well-founded fear of persecution to a territory where their life or freedom is threatened by reason of a protected characteristic. A broad reading of the principle that extends States’ obligations extra-territorially is consistent with the aims of the international refugee regime ..read more

Labor markets have historically been considered irrelevant with antitrust merger reviews. However, recent developments suggest that this may change. The complaint by the Department of Justice (the “DOJ”) against the merger between Penguin Random House and Simon & Schuster was the harbinger of such change ..read more

North America is the beating heart of global energy markets undergoing a terrible energy crisis that threatens to upend both the economy and global security. The clearest path out of this global crisis is increasing energy supplies from North America, which can restore energy security and drive a transition to cleaner energy sources ..read more

“If everyone knows that the male includes the female, what’s the harm?” There have been many advances in gender equality over the last century; however, women and non-binary individuals still face on key disadvantage: language ..read more

Introduction During the 2010-2011 political uprisings in countries across the Middle East and North Africa (“MENA”), dubbed the “Arab Spring,” protestors championed constitutional reforms as a way of transforming their autocratic regimes into more democratic systems. In reality, though, there was a large gulf between the aspirations of these reforms and what they were actually able to accomplish. I argue that this discrepancy is a large part of the underlying reason why, today, the Arab Spring is largely seen as a failure, despite the movement’s optimistic beginnings and subsequent constitut ..read more

Introduction  Following the recent official survey, almost 90% of Ukrainians want Ukraine to become a North Atlantic Treaty Organization (“NATO”) member, which is logical given Russia’s full-scale invasion in 2022. The paradox, however, is that such a way is blocked primarily because of the Russian invasion. Putin reasoned that by invading, he could halt the Ukrainian way to membership in NATO. After more than a year and a half after the Russian full-scale military invasion of Ukraine, the end of the war seems elusive in the near future. Nevertheless, if neither Russia nor Ukraine accompl ..read more

Introduction The concept of moral damages has been judicially observed in the field of international investment arbitration. Firstly introduced in the Lusitania Cases, moral damages can be referred to the form of damages to repair for an injury resulting out of a non-material harm, i.e., harm which is not pecuniary in nature. Moral Damages can be awarded for various reasons, ranging from physical duress and psychological violence to aspects such as loss of creditworthiness and reputation of the investor owing to state action. As per the ICSID Tribunal in the case of Desert Line v. Yemen, mor ..read more