Dire Tladi
Biographic Data
| ID | 5698724 |
|---|---|
| NAME | Dire Tladi |
| GIVEN NAMES | Dire |
| FAMILY NAME | Tladi |
| SIGNATURE | TLADI D |
| AFFILIATIONS | University of Pretoria |
| ORCID | 0000-0003-3378-2873 |
| VERIFIED | Yes |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 13 |
| WORKS AS AUTHOR | 15 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2009 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
Jus Cogens and Reparations
The relationship between international law on reparations and jus cogens is an uneasy one. The law on reparations is a settled part of classical international law, with roots so deep that its place in international law is taken for granted. 1 The oft-quoted dictum in the 1928 Chorzów Factory case which sets out the requirement for reparation to “as far as possible, wipe out all the consequences of [an] illegal act and re-establish the situation” …
The Un Ilc’s Draft Conclusions on the Peremptory Norms of General International Law
This paper examines the implications of the General Assembly's failure to adopt a resolution on the International Law Commission's Draft Conclusions on Peremptory Norms (“Draft Conclusions”) during its seventy-seventh session. While the non-decision does not affect the legal status of the Draft Conclusions, it raises questions about its reception and the underlying reasons for the lack of resolution adoption. The inclusion of an Annex with a non-…
The International Law Commission, the Institut, and States
Unlike the International Law Association (ILA) and the Institut de Droit International (the Institut), the International Law Commission (the Commission, or ILC) is not 150 years old. Established in 1948, the Commission is exactly half the age of the two codification bodies to which this Symposium is dedicated and is celebrating its seventy-fifth anniversary in 2023. 1 Like its older cousins, the Commission is charged with the codification and pro…
The Cambridge Handbook of the Sustainable Development Goals and International Law
In 2015, the United Nations established seventeen Sustainable Development Goals (SDG) that aimed 'to achieve a better and more sustainable future for all' by 2030. The chapters within this collection address each of these SDGs, considering how they relate to one another and international law, and what institutions could aid their implementation. Development has been a contentious topic since the decolonization period after World War II, and issue…
International Criminal Court (ICC)
Populism’s Attack on Multilateralism and International Law
While international lawyers have not traditionally paid much attention to the phenomenon of populism, a recent upswing in the populist movements in governments around the world has led to an increase in the fascination of international lawyers with populism. On the whole, there seems to be a view that populism has negatively affected the communitarianism and multilateralism of international law. This article interrogates this proposition. It come…
An institutional framework for addressing marine genetic resources under the proposed treaty for marine biodiversity in areas beyond national jurisdiction
The international law commission’s recent work on exceptions to immunity
In the summer of 2017, the International Law Commission adopted a draft article on exceptions to immunity. The Draft Article adopted provides that immunity ratione materiae does not apply with respect to certain international crimes, namely crimes against humanity, the crime of genocide, war crimes, the crime of apartheid, torture, and enforced disappearances. These exceptions do not apply to immunity ratione personae . The Draft Article was adop…
The International Law Commission’s Draft Articles on the Protection of Persons in the Event of Disasters
This article concerns the ILC's Draft Articles on the Protection of Persons in the Event of Disasters and, in particular, the establishment of a rights-duties relationship between States concerning the right to accept or refuse assistance from third States (horizontal rights-duties relationship). The article assesses the merits of the horizontal rights-duties relationship by assessing the two primary justifications for the proposition. The first …
The Immunity Provision in the AU Amendment Protocol
In July 2014, the African Union adopted a new Protocol amending the Protocol on \nthe African Court. In doing so it included a provision stating that certain state officials \nshall be immune from prosecution during their tenure of office. This article discusses \nwhether the immunity provision is a reflection of customary international \nlaw or whether, on the contrary, it violates international law and undermines the \nStatute of the Internatio…
The Duty on South Africa to Arrest and Surrender President Al-Bashir under South African and International Law
In June 2015, South Africa hosted the African Union Summit. The Sudanese \nPresident, Al Bashir, under an ICC arrest warrant for, inter alia, genocide, attended the \nSummit. As a State Party to the Rome Statute, South Africa was under a duty to arrest Al \nBashir. Yet, South Africa is also under a duty, both under customary international law and \nthe treaty law (the Host Country Agreement under which the Summit was held) not to arrest \nhim. Th…
The ICC Decisions on Chad and Malawi
The decision of the African Union (AU) not to cooperate with the International Criminal Court (ICC) with respect to President Al Bashir has attracted attention particularly as far as the political aspects of the decision are concerned. While the AU decision is overtly political, it raises an important legal question, namely the relationship between Articles 98 and 27 of the ICC Statute, in particular in situations referred to the Court by the Sec…
The Nonconsenting Innocent State
In a recent issue of this Journal , Daniel Bethlehem proposed a set of principles on the scope of a state’s right of self-defense against an imminent or actual armed attack by nonstate actors. In response, this essay seeks to assess Bethlehem’s proposition in principle 12 that a state may use force against nonstate actors on the territory of another state without the consent of the territorial state when the territorial state is not responsible f…
On the Al Qaida/Taliban Sanctions Regime
The Al Qaida/Taliban sanctions regime established under Resolution 1267 of the UN Security Council has been under severe strain due to lack of adherence to due process standards. Over the years, the Security Council has incrementally adopted measures to try to alleviate some of the concerns, including through the creation of an ombudsperson to receive petitions from listed individuals requesting to be de-listed. In June 2011, the Security Council…
Civil liability in the context of the Cartagena Protocol
The Nonconsenting Innocent State
In a recent issue of this Journal , Daniel Bethlehem proposed a set of principles on the scope of a state’s right of self-defense against an imminent or actual armed attack by nonstate actors. In response, this essay seeks to assess Bethlehem’s proposition in principle 12 that a state may use force against nonstate actors on the territory of another state without the consent of the territorial state when the territorial state is not responsible f…
The ICC Decisions on Chad and Malawi
The decision of the African Union (AU) not to cooperate with the International Criminal Court (ICC) with respect to President Al Bashir has attracted attention particularly as far as the political aspects of the decision are concerned. While the AU decision is overtly political, it raises an important legal question, namely the relationship between Articles 98 and 27 of the ICC Statute, in particular in situations referred to the Court by the Sec…
An institutional framework for addressing marine genetic resources under the proposed treaty for marine biodiversity in areas beyond national jurisdiction
The Duty on South Africa to Arrest and Surrender President Al-Bashir under South African and International Law
In June 2015, South Africa hosted the African Union Summit. The Sudanese \nPresident, Al Bashir, under an ICC arrest warrant for, inter alia, genocide, attended the \nSummit. As a State Party to the Rome Statute, South Africa was under a duty to arrest Al \nBashir. Yet, South Africa is also under a duty, both under customary international law and \nthe treaty law (the Host Country Agreement under which the Summit was held) not to arrest \nhim. Th…
The international law commission’s recent work on exceptions to immunity
In the summer of 2017, the International Law Commission adopted a draft article on exceptions to immunity. The Draft Article adopted provides that immunity ratione materiae does not apply with respect to certain international crimes, namely crimes against humanity, the crime of genocide, war crimes, the crime of apartheid, torture, and enforced disappearances. These exceptions do not apply to immunity ratione personae . The Draft Article was adop…
The International Law Commission’s Draft Articles on the Protection of Persons in the Event of Disasters
This article concerns the ILC's Draft Articles on the Protection of Persons in the Event of Disasters and, in particular, the establishment of a rights-duties relationship between States concerning the right to accept or refuse assistance from third States (horizontal rights-duties relationship). The article assesses the merits of the horizontal rights-duties relationship by assessing the two primary justifications for the proposition. The first …
Civil liability in the context of the Cartagena Protocol
On the Al Qaida/Taliban Sanctions Regime
The Al Qaida/Taliban sanctions regime established under Resolution 1267 of the UN Security Council has been under severe strain due to lack of adherence to due process standards. Over the years, the Security Council has incrementally adopted measures to try to alleviate some of the concerns, including through the creation of an ombudsperson to receive petitions from listed individuals requesting to be de-listed. In June 2011, the Security Council…
The ICC Decisions on Chad and Malawi
The decision of the African Union (AU) not to cooperate with the International Criminal Court (ICC) with respect to President Al Bashir has attracted attention particularly as far as the political aspects of the decision are concerned. While the AU decision is overtly political, it raises an important legal question, namely the relationship between Articles 98 and 27 of the ICC Statute, in particular in situations referred to the Court by the Sec…
The Nonconsenting Innocent State
In a recent issue of this Journal , Daniel Bethlehem proposed a set of principles on the scope of a state’s right of self-defense against an imminent or actual armed attack by nonstate actors. In response, this essay seeks to assess Bethlehem’s proposition in principle 12 that a state may use force against nonstate actors on the territory of another state without the consent of the territorial state when the territorial state is not responsible f…
The Immunity Provision in the AU Amendment Protocol
In July 2014, the African Union adopted a new Protocol amending the Protocol on \nthe African Court. In doing so it included a provision stating that certain state officials \nshall be immune from prosecution during their tenure of office. This article discusses \nwhether the immunity provision is a reflection of customary international \nlaw or whether, on the contrary, it violates international law and undermines the \nStatute of the Internatio…
The Duty on South Africa to Arrest and Surrender President Al-Bashir under South African and International Law
In June 2015, South Africa hosted the African Union Summit. The Sudanese \nPresident, Al Bashir, under an ICC arrest warrant for, inter alia, genocide, attended the \nSummit. As a State Party to the Rome Statute, South Africa was under a duty to arrest Al \nBashir. Yet, South Africa is also under a duty, both under customary international law and \nthe treaty law (the Host Country Agreement under which the Summit was held) not to arrest \nhim. Th…
The International Law Commission’s Draft Articles on the Protection of Persons in the Event of Disasters
This article concerns the ILC's Draft Articles on the Protection of Persons in the Event of Disasters and, in particular, the establishment of a rights-duties relationship between States concerning the right to accept or refuse assistance from third States (horizontal rights-duties relationship). The article assesses the merits of the horizontal rights-duties relationship by assessing the two primary justifications for the proposition. The first …
The international law commission’s recent work on exceptions to immunity
In the summer of 2017, the International Law Commission adopted a draft article on exceptions to immunity. The Draft Article adopted provides that immunity ratione materiae does not apply with respect to certain international crimes, namely crimes against humanity, the crime of genocide, war crimes, the crime of apartheid, torture, and enforced disappearances. These exceptions do not apply to immunity ratione personae . The Draft Article was adop…
An institutional framework for addressing marine genetic resources under the proposed treaty for marine biodiversity in areas beyond national jurisdiction
International Criminal Court (ICC)
Populism’s Attack on Multilateralism and International Law
While international lawyers have not traditionally paid much attention to the phenomenon of populism, a recent upswing in the populist movements in governments around the world has led to an increase in the fascination of international lawyers with populism. On the whole, there seems to be a view that populism has negatively affected the communitarianism and multilateralism of international law. This article interrogates this proposition. It come…
The Cambridge Handbook of the Sustainable Development Goals and International Law
In 2015, the United Nations established seventeen Sustainable Development Goals (SDG) that aimed 'to achieve a better and more sustainable future for all' by 2030. The chapters within this collection address each of these SDGs, considering how they relate to one another and international law, and what institutions could aid their implementation. Development has been a contentious topic since the decolonization period after World War II, and issue…
The International Law Commission, the Institut, and States
Unlike the International Law Association (ILA) and the Institut de Droit International (the Institut), the International Law Commission (the Commission, or ILC) is not 150 years old. Established in 1948, the Commission is exactly half the age of the two codification bodies to which this Symposium is dedicated and is celebrating its seventy-fifth anniversary in 2023. 1 Like its older cousins, the Commission is charged with the codification and pro…
The Un Ilc’s Draft Conclusions on the Peremptory Norms of General International Law
This paper examines the implications of the General Assembly's failure to adopt a resolution on the International Law Commission's Draft Conclusions on Peremptory Norms (“Draft Conclusions”) during its seventy-seventh session. While the non-decision does not affect the legal status of the Draft Conclusions, it raises questions about its reception and the underlying reasons for the lack of resolution adoption. The inclusion of an Annex with a non-…
Jus Cogens and Reparations
The relationship between international law on reparations and jus cogens is an uneasy one. The law on reparations is a settled part of classical international law, with roots so deep that its place in international law is taken for granted. 1 The oft-quoted dictum in the 1928 Chorzów Factory case which sets out the requirement for reparation to “as far as possible, wipe out all the consequences of [an] illegal act and re-establish the situation” …
Political science (15 works) · International Law and Human Rights (12 works) · Law (11 works) · International law (10 works) · Law (9 works) · Global Peace and Security Dynamics (6 works) · Human Rights and Development (6 works) · Sociology (5 works) · Business (4 works) · Commission (4 works)