Papers by Sarah McGibbon
Pretoria student law review, 2011
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Edward Elgar Publishing eBooks, Dec 13, 2022
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Without Prejudice, Dec 1, 2013
The protection of companies' confidential information and documents submitted to the Competit... more The protection of companies' confidential information and documents submitted to the Competition Commission and Competition Tribunal is extremely important. Companies are often called upon to provide confidential information relating to their strategic operations, which they would not want in the hands of the public or competitors. This is particularly relevant in the case of applications by companies for immunity for cartel conduct in terms of the Commission's corporate leniency policy.
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Without Prejudice, Jun 1, 2013
Recent years have shown that breaking news is no longer confined to traditional media such as new... more Recent years have shown that breaking news is no longer confined to traditional media such as newspapers, television and radio but, rather, that social media with its easy accessibility and instantaneous nature is becoming an increasingly important source. As a result, it has become apparent that while we may live in a more informed society as far as current events are concerned, the vast majority of the South African population remains in the dark regarding the operation of the law.
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Edward Elgar Publishing eBooks, Dec 13, 2022
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Edward Elgar Publishing eBooks, Dec 13, 2022
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Constitutional court review, Dec 1, 2022
On 31 May 2020, Justice Johan Froneman retired from the bench of the Constitutional Court of Sout... more On 31 May 2020, Justice Johan Froneman retired from the bench of the Constitutional Court of South Africa after ten years of service at the apex court. From unremarkable beginnings in the Eastern Cape, he rose to become one of South Africa’s unrelenting champions of dignity, equality and freedom in the face of rising challenges to the Court and its integrity. This article traces his journey from Cathcart to Constitution Hill, both from a personal and judicial perspective. Rather than focusing on one particular constitutional theme in his (extensive) jurisprudence, the aim of this article is instead to explore Justice Froneman’s journey from the perspective of what it means to ‘belong’ in South Africa today, or rather, his contribution to the sense of ‘belongingness’ for the people of South Africa. This piece considers Justice Froneman’s attempts to weave the constitutional values into the fabric of South African society and ensure functioning state machinery through his treatment of property rights, language, customary law and matters of the state. Ultimately, we explore his approach to these issues in the context of Justice Froneman’s own personal identity and challenges to his belonging in the evershifting transitional landscape of South Africa’s adolescent democracy.
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Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 28 (2015), 2015
The global response to South Africa’s failure to arrest President Omar al-Bashir when attending t... more The global response to South Africa’s failure to arrest President Omar al-Bashir when attending the African Union Assembly in the country in June 2015 sparked renewed protestations against the International Criminal Court (ICC) by African States. This in turn led to a call by South Africa for African States to pursue a collective withdrawal from the ICC. The practical, legal effect of such action on the ICC’s witness protection programme remains academically unexamined. This article sets out the witness protection framework, including challenges faced thereunder regardless of a mass withdrawal. This forms the foundation for considering the potential problems raised by any African walkout. The article explores the major problem of the enforcement of witness protection obligations in the event of States exiting the ICC. It endeavours to ignite deeper consideration of these issues and proposes starting points for potential solutions.
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Hague Yearbook of International Law, 2019
The unwilling or unable doctrine has been extensively discussed in
international law scholarship,... more The unwilling or unable doctrine has been extensively discussed in
international law scholarship, particularly since the November 2015 Paris
bombing by the Islamic State of Iraq and the Levant (ISIL). Its use by
states to carry out air strikes within Syrian territory against militant ISIL
forces has elicited much debate on the scope of the doctrine. However,
existing scholarship has failed to interrogate adequately the underlying
theoretical framework (or lack thereof) of the doctrine. Consequently, its
inherently political nature and application has not been challenged. Nor
has its implications for attribution in relation to nonstate armed groups
(NSAGs).
This paper begins with a holistic exploration of the conceptual
framework of the prohibition of the use of force in international law and
the exceptions thereto. It is followed by a brief review of state practice
as well as an examination the use of the unwilling or unable doctrine in
relation to the ongoing military activity in Syria. It proceeds to attempt
to classify the doctrine/identify its place in the legal framework of
international law.
Ultimately, the paper argues that the manipulation of the boundaries
of the unwilling or unable doctrine is fundamentally premised on political
will rather than legal theory which has, in turn, resulted in theoretical
incoherence. It further argues that the unwilling or unable doctrine is, in
fact, a policy rather than a legal doctrine and that the application of this
policy results in the incorporation of the domestic law concept of strict
liability in the public international law framework.
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Constitutional Court Review, Dec 1, 2022
On 31 May 2020, Justice Johan Froneman retired from the bench of the Constitutional Court of Sout... more On 31 May 2020, Justice Johan Froneman retired from the bench of the Constitutional Court of South Africa after ten years of service at the apex court. From unremarkable beginnings in the Eastern Cape, he rose to become one of South Africa’s unrelenting champions of dignity, equality and freedom in the face of rising challenges to the Court and its integrity. This article traces his journey from Cathcart to Constitution Hill, both from a personal and judicial perspective. Rather than focusing on one particular constitutional theme in his (extensive) jurisprudence, the aim of this article is instead to explore Justice Froneman’s journey from the perspective of what it means to ‘belong’ in South Africa today, or rather, his contribution to the sense of ‘belongingness’ for the people of South Africa. This piece considers Justice Froneman’s attempts to weave the constitutional values into the fabric of South African society and ensure functioning state machinery through his treatment of property rights, language, customary law and matters of the state. Ultimately, we explore his approach to these issues in the context of Justice Froneman’s own personal identity and challenges to his belonging in the evershifting transitional landscape of South Africa’s adolescent democracy.
Bookmarks Related papers MentionsView impact
Hague Yearbook of International Law, 2015
The global response to South Africa’s failure to arrest President Omar al-Bashir when attending t... more The global response to South Africa’s failure to arrest President Omar al-Bashir when attending the African Union Assembly in the country in June 2015 sparked renewed protestations against the International Criminal Court (ICC) by African States. This in turn led to a call by South Africa for African States to pursue a collective withdrawal from the ICC. The practical, legal effect of such action on the ICC’s witness protection programme remains academically unexamined. This article sets out the witness protection framework, including challenges faced thereunder regardless of a mass withdrawal. This forms the foundation for considering the potential problems raised by any African walkout. The article explores the major problem of the enforcement of witness protection obligations in the event of States exiting the ICC. It endeavours to ignite deeper consideration of these issues and proposes starting points for potential solutions.
Bookmarks Related papers MentionsView impact
The protection of companies' confidential information and documents submitted to the Competit... more The protection of companies' confidential information and documents submitted to the Competition Commission and Competition Tribunal is extremely important. Companies are often called upon to provide confidential information relating to their strategic operations, which they would not want in the hands of the public or competitors. This is particularly relevant in the case of applications by companies for immunity for cartel conduct in terms of the Commission's corporate leniency policy.
Bookmarks Related papers MentionsView impact
Recent years have shown that breaking news is no longer confined to traditional media such as new... more Recent years have shown that breaking news is no longer confined to traditional media such as newspapers, television and radio but, rather, that social media with its easy accessibility and instantaneous nature is becoming an increasingly important source. As a result, it has become apparent that while we may live in a more informed society as far as current events are concerned, the vast majority of the South African population remains in the dark regarding the operation of the law.
Bookmarks Related papers MentionsView impact
Pretoria Student Law Review, 2011
Bookmarks Related papers MentionsView impact
Book Chapters by Sarah McGibbon
Edward Elgar Publishing eBooks, Dec 13, 2022
Bookmarks Related papers MentionsView impact
Edward Elgar Publishing eBooks, Dec 13, 2022
Bookmarks Related papers MentionsView impact
Edited Volumes by Sarah McGibbon
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Papers by Sarah McGibbon
international law scholarship, particularly since the November 2015 Paris
bombing by the Islamic State of Iraq and the Levant (ISIL). Its use by
states to carry out air strikes within Syrian territory against militant ISIL
forces has elicited much debate on the scope of the doctrine. However,
existing scholarship has failed to interrogate adequately the underlying
theoretical framework (or lack thereof) of the doctrine. Consequently, its
inherently political nature and application has not been challenged. Nor
has its implications for attribution in relation to nonstate armed groups
(NSAGs).
This paper begins with a holistic exploration of the conceptual
framework of the prohibition of the use of force in international law and
the exceptions thereto. It is followed by a brief review of state practice
as well as an examination the use of the unwilling or unable doctrine in
relation to the ongoing military activity in Syria. It proceeds to attempt
to classify the doctrine/identify its place in the legal framework of
international law.
Ultimately, the paper argues that the manipulation of the boundaries
of the unwilling or unable doctrine is fundamentally premised on political
will rather than legal theory which has, in turn, resulted in theoretical
incoherence. It further argues that the unwilling or unable doctrine is, in
fact, a policy rather than a legal doctrine and that the application of this
policy results in the incorporation of the domestic law concept of strict
liability in the public international law framework.
Book Chapters by Sarah McGibbon
Edited Volumes by Sarah McGibbon
international law scholarship, particularly since the November 2015 Paris
bombing by the Islamic State of Iraq and the Levant (ISIL). Its use by
states to carry out air strikes within Syrian territory against militant ISIL
forces has elicited much debate on the scope of the doctrine. However,
existing scholarship has failed to interrogate adequately the underlying
theoretical framework (or lack thereof) of the doctrine. Consequently, its
inherently political nature and application has not been challenged. Nor
has its implications for attribution in relation to nonstate armed groups
(NSAGs).
This paper begins with a holistic exploration of the conceptual
framework of the prohibition of the use of force in international law and
the exceptions thereto. It is followed by a brief review of state practice
as well as an examination the use of the unwilling or unable doctrine in
relation to the ongoing military activity in Syria. It proceeds to attempt
to classify the doctrine/identify its place in the legal framework of
international law.
Ultimately, the paper argues that the manipulation of the boundaries
of the unwilling or unable doctrine is fundamentally premised on political
will rather than legal theory which has, in turn, resulted in theoretical
incoherence. It further argues that the unwilling or unable doctrine is, in
fact, a policy rather than a legal doctrine and that the application of this
policy results in the incorporation of the domestic law concept of strict
liability in the public international law framework.