Erika De Wet
Biographic Data
| ID | 3606264 |
|---|---|
| NAME | Erika De Wet |
| GIVEN NAMES | Erika |
| FAMILY NAME | De Wet |
| SIGNATURE | DE WET E |
| AFFILIATIONS | Swiss Institute of Comparative Law, Lausanne, Switzerland; High Court of South Africa. |
| VERIFIED | No |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 55 |
| AUTHOR COUNT | 17 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1995 |
| LATEST PUBLICATION YEAR | 2020 |
| H-INDEX | 4 |
Twenty-Five-Years of Dugard’s International Law: A Lasting Impression
In 2018, the fifth edition of Dugard’s International Law: A South African Perspective (hereinafter Dugard’s International Law) was published. When the book was first published in 1994, a few months after the country’s first democratic elections, the 372-page publication essentially provided a retrospective on the role and relevance of international law in South Africa before the advent of democracy. In so doing, it followed the structure of tradi…
Sources and the Hierarchy of International Law: The Place of Peremptory Norms and Article 103 of the UN Charter within the Sources of International Law
This chapter questions whether there is a hierarchy among the sources of international law and whether such a hierarchy is important for resolving norm conflicts stemming from the different sources of international law. It first examines whether the order between the sources listed in Article 38 (1) (c) of the International Court of Justice (ICJ) Statute is an indication of a hierarchy in accordance with the order and form in which the sources ar…
Referrals to the International Criminal Court Under Chapter VII of the United Nations Charter and the Immunity of Foreign State Officials
This contribution explores the implications of United Nations Security Council (UNSC) referrals under Chapter VII of the Charter of the United Nations to the International Criminal Court (ICC) for the immunity ratione personae of officials of states that are not party to the ICC Statute . While Article 13(b) of the ICC Statute allows the ICC to receive referrals of situations by the UNSC, disagreement remains among authors as to when such a refer…
The invocation of the right to self-defence in response to armed attacks conducted by armed groups: Implications for attribution
The right to self-defence in Article 51 of the United Nations Charter is increasingly being invoked in response to armed attacks conducted by armed groups located in a territory of another state, with or without the (direct) assistance of such a state. This article examines the implications of the invocation of the right to self-defence under these circumstances for the principles of attribution within the jus ad bellum paradigm. First, it illumi…
Complicity in Violations of Human Rights and Humanitarian Law by Incumbent Governments Through Direct Military Assistance on Request
This article examines whether general international law supports the claim that direct military assistance by one State to another State upon the latter's request is prohibited where the inviting State is implicated in (gross) violations of international humanitarian and/or human rights law. It approaches the question from the perspective of State responsibility, analysing the threshold requirements of Article 16 of the Articles on State Responsi…
Reinterpreting Exceptions to the Use of Force in the Interest of Security: Forcible Intervention by Invitation and the Demise of the Negative Equality Principle
This essay describes tensions that arise between two types of public goods enshrined in the United Nations Charter—the right to self-determination of people(s) within a territorial state and peace and security—in situations in which recognized governments in conflict-torn countries request military assistance from third states against opposition groups. It illuminates legal challenges in reconciling these public goods in practice, at a time when …
The Implications of President Al-Bashir’s Visit to South Africa for International and Domestic Law
This article assesses whether the South African North-Gauteng High Court correctly decided \nin June 2015 that the government violated international and domestic law when failing to \narrest President Al Bashir of Sudan, while attending an AU summit in the country, and \nsurrendering him to the ICC. The international law assessment turns on one’s interpretation \nof the interrelationship between Articles 27(2) and 98(1) of the ICC Statute, as wel…
The Modern Practice of Intervention by Invitation in Africa and Its Implications for the Prohibition of the Use of Force
This article examines how two prominent criteria for permissible military intervention by invitation as developed in doctrine are currently implemented by states as well as how this impacts the prohibition of the use of force. Controversies concern, in particular, the determination of the authority entitled to extend the invitation, as recently illustrated by the Russian claim that its military intervention in the Crimea was based on the invitati…
From Free Town to Cairo via Kiev: The Unpredictable Road of Democratic Legitimacy in Governmental Recognition
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button
The Evolving Role of Ecowas and the Sadc in Peace Operations: A Challenge to the Primacy of the United Nations Security Council in Matters of Peace and Security
This article examines the evolution of military operations by the Economic Community of Western African States (ECOWAS) and the South African Development Community (SADC) over the last three decades. By looking at constitutional (treaty) developments and organizational practice, it questions whether these sub-regional organizations have displaced the primacy of the United Nations Security Council (UNSC) in matters pertaining to international peac…
The Governance of Kosovo: Security Council Resolution 1244 and the Establishment and Functioning of eulex
On February 4,2008, shortly before Kosovo's controversial unilateral secession from Serbia on February 17 of that year, the Council of the European Union (EU) adopted a Joint Action creating the European Union Rule of Law Mission in Kosovo/EULEX (hereinafter EULEX), the largest and most important mission thus far undertaken within the common European foreign and defense policy. Although EULEX is first and foremost a European undertaking, it is al…
The Emergence of International and Regional Value Systems as a Manifestation of the Emerging International Constitutional Order
This article explores the composition of the emerging international value system, including its hierarchical components. It also contrasts this fragile international value system with the more strongly developed European value system (European public order), as concretized by the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights. It first argues that international human rights norms constitute the ‘co…
The International Constitutional Order
Constitutionalism is a deeply contested but indispensable symbolic and normative frame for thinking about the problems of viable and legitimate regulation of the complexily overlapping political communities of a post-Westphalian world. 1
Human Rights Limitations to Economic Enforcement Measures Under Article 41 of the United Nations Charter and the Iraqi Sanctions Regime
This article questions the legality of the extent of the Iraqi sanctions regime, due to its severe impact on human rights such as the right to life and the right to health. After examining whether the Security Council is bound by human rights, the article examines if and to what extent the Security Council may limit human rights norms when imposing economic sanctions. In the process it distinguishes between non-derogable and derogable human right…
Recent Developments Concerning the Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Can the Social State Principle in Germany Guide State Action in South Africa in the Field of Social and Economic Rights
Replies
The International Constitutional Order
Constitutionalism is a deeply contested but indispensable symbolic and normative frame for thinking about the problems of viable and legitimate regulation of the complexily overlapping political communities of a post-Westphalian world. 1
The Emergence of International and Regional Value Systems as a Manifestation of the Emerging International Constitutional Order
This article explores the composition of the emerging international value system, including its hierarchical components. It also contrasts this fragile international value system with the more strongly developed European value system (European public order), as concretized by the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights. It first argues that international human rights norms constitute the ‘co…
The Governance of Kosovo: Security Council Resolution 1244 and the Establishment and Functioning of eulex
On February 4,2008, shortly before Kosovo's controversial unilateral secession from Serbia on February 17 of that year, the Council of the European Union (EU) adopted a Joint Action creating the European Union Rule of Law Mission in Kosovo/EULEX (hereinafter EULEX), the largest and most important mission thus far undertaken within the common European foreign and defense policy. Although EULEX is first and foremost a European undertaking, it is al…
From Free Town to Cairo via Kiev: The Unpredictable Road of Democratic Legitimacy in Governmental Recognition
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button
The invocation of the right to self-defence in response to armed attacks conducted by armed groups: Implications for attribution
The right to self-defence in Article 51 of the United Nations Charter is increasingly being invoked in response to armed attacks conducted by armed groups located in a territory of another state, with or without the (direct) assistance of such a state. This article examines the implications of the invocation of the right to self-defence under these circumstances for the principles of attribution within the jus ad bellum paradigm. First, it illumi…
Complicity in Violations of Human Rights and Humanitarian Law by Incumbent Governments Through Direct Military Assistance on Request
This article examines whether general international law supports the claim that direct military assistance by one State to another State upon the latter's request is prohibited where the inviting State is implicated in (gross) violations of international humanitarian and/or human rights law. It approaches the question from the perspective of State responsibility, analysing the threshold requirements of Article 16 of the Articles on State Responsi…
The Modern Practice of Intervention by Invitation in Africa and Its Implications for the Prohibition of the Use of Force
This article examines how two prominent criteria for permissible military intervention by invitation as developed in doctrine are currently implemented by states as well as how this impacts the prohibition of the use of force. Controversies concern, in particular, the determination of the authority entitled to extend the invitation, as recently illustrated by the Russian claim that its military intervention in the Crimea was based on the invitati…
Human Rights Limitations to Economic Enforcement Measures Under Article 41 of the United Nations Charter and the Iraqi Sanctions Regime
This article questions the legality of the extent of the Iraqi sanctions regime, due to its severe impact on human rights such as the right to life and the right to health. After examining whether the Security Council is bound by human rights, the article examines if and to what extent the Security Council may limit human rights norms when imposing economic sanctions. In the process it distinguishes between non-derogable and derogable human right…
Can the Social State Principle in Germany Guide State Action in South Africa in the Field of Social and Economic Rights
Replies
Recent Developments Concerning the Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Human Rights Limitations to Economic Enforcement Measures Under Article 41 of the United Nations Charter and the Iraqi Sanctions Regime
This article questions the legality of the extent of the Iraqi sanctions regime, due to its severe impact on human rights such as the right to life and the right to health. After examining whether the Security Council is bound by human rights, the article examines if and to what extent the Security Council may limit human rights norms when imposing economic sanctions. In the process it distinguishes between non-derogable and derogable human right…
The Emergence of International and Regional Value Systems as a Manifestation of the Emerging International Constitutional Order
This article explores the composition of the emerging international value system, including its hierarchical components. It also contrasts this fragile international value system with the more strongly developed European value system (European public order), as concretized by the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights. It first argues that international human rights norms constitute the ‘co…
The International Constitutional Order
Constitutionalism is a deeply contested but indispensable symbolic and normative frame for thinking about the problems of viable and legitimate regulation of the complexily overlapping political communities of a post-Westphalian world. 1
The Governance of Kosovo: Security Council Resolution 1244 and the Establishment and Functioning of eulex
On February 4,2008, shortly before Kosovo's controversial unilateral secession from Serbia on February 17 of that year, the Council of the European Union (EU) adopted a Joint Action creating the European Union Rule of Law Mission in Kosovo/EULEX (hereinafter EULEX), the largest and most important mission thus far undertaken within the common European foreign and defense policy. Although EULEX is first and foremost a European undertaking, it is al…
The Evolving Role of Ecowas and the Sadc in Peace Operations: A Challenge to the Primacy of the United Nations Security Council in Matters of Peace and Security
This article examines the evolution of military operations by the Economic Community of Western African States (ECOWAS) and the South African Development Community (SADC) over the last three decades. By looking at constitutional (treaty) developments and organizational practice, it questions whether these sub-regional organizations have displaced the primacy of the United Nations Security Council (UNSC) in matters pertaining to international peac…
From Free Town to Cairo via Kiev: The Unpredictable Road of Democratic Legitimacy in Governmental Recognition
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button
The Implications of President Al-Bashir’s Visit to South Africa for International and Domestic Law
This article assesses whether the South African North-Gauteng High Court correctly decided \nin June 2015 that the government violated international and domestic law when failing to \narrest President Al Bashir of Sudan, while attending an AU summit in the country, and \nsurrendering him to the ICC. The international law assessment turns on one’s interpretation \nof the interrelationship between Articles 27(2) and 98(1) of the ICC Statute, as wel…
The Modern Practice of Intervention by Invitation in Africa and Its Implications for the Prohibition of the Use of Force
This article examines how two prominent criteria for permissible military intervention by invitation as developed in doctrine are currently implemented by states as well as how this impacts the prohibition of the use of force. Controversies concern, in particular, the determination of the authority entitled to extend the invitation, as recently illustrated by the Russian claim that its military intervention in the Crimea was based on the invitati…
Reinterpreting Exceptions to the Use of Force in the Interest of Security: Forcible Intervention by Invitation and the Demise of the Negative Equality Principle
This essay describes tensions that arise between two types of public goods enshrined in the United Nations Charter—the right to self-determination of people(s) within a territorial state and peace and security—in situations in which recognized governments in conflict-torn countries request military assistance from third states against opposition groups. It illuminates legal challenges in reconciling these public goods in practice, at a time when …
Sources and the Hierarchy of International Law: The Place of Peremptory Norms and Article 103 of the UN Charter within the Sources of International Law
This chapter questions whether there is a hierarchy among the sources of international law and whether such a hierarchy is important for resolving norm conflicts stemming from the different sources of international law. It first examines whether the order between the sources listed in Article 38 (1) (c) of the International Court of Justice (ICJ) Statute is an indication of a hierarchy in accordance with the order and form in which the sources ar…
Referrals to the International Criminal Court Under Chapter VII of the United Nations Charter and the Immunity of Foreign State Officials
This contribution explores the implications of United Nations Security Council (UNSC) referrals under Chapter VII of the Charter of the United Nations to the International Criminal Court (ICC) for the immunity ratione personae of officials of states that are not party to the ICC Statute . While Article 13(b) of the ICC Statute allows the ICC to receive referrals of situations by the UNSC, disagreement remains among authors as to when such a refer…
The invocation of the right to self-defence in response to armed attacks conducted by armed groups: Implications for attribution
The right to self-defence in Article 51 of the United Nations Charter is increasingly being invoked in response to armed attacks conducted by armed groups located in a territory of another state, with or without the (direct) assistance of such a state. This article examines the implications of the invocation of the right to self-defence under these circumstances for the principles of attribution within the jus ad bellum paradigm. First, it illumi…
Complicity in Violations of Human Rights and Humanitarian Law by Incumbent Governments Through Direct Military Assistance on Request
This article examines whether general international law supports the claim that direct military assistance by one State to another State upon the latter's request is prohibited where the inviting State is implicated in (gross) violations of international humanitarian and/or human rights law. It approaches the question from the perspective of State responsibility, analysing the threshold requirements of Article 16 of the Articles on State Responsi…
Twenty-Five-Years of Dugard’s International Law: A Lasting Impression
In 2018, the fifth edition of Dugard’s International Law: A South African Perspective (hereinafter Dugard’s International Law) was published. When the book was first published in 1994, a few months after the country’s first democratic elections, the 372-page publication essentially provided a retrospective on the role and relevance of international law in South Africa before the advent of democracy. In so doing, it followed the structure of tradi…
Political science (17 works) · Law (14 works) · International Law and Human Rights (12 works) · Sociology (11 works) · Global Peace and Security Dynamics (10 works) · Law (10 works) · International law (9 works) · Law and economics (8 works) · Politics (8 works) · Charter (6 works)