This paper deals with the Mike Campbell (PVT) Ltd et Al. v. Zimbabwe case and subsequent events. In its judgment concerning that case, the Tribunal of the Southern African Development Community (SADC) characterized as unlawful the expropriations ordered by Zimbabwe according to the Land Acquisition Amendment Act. The Tribunal’s judgment led to the suspension of the SADC Tribunal Protocol. The States parties to the Protocol modified it to the effect that individuals would be precluded from applying to the Tribunal. These events represent an interesting starting point for some reflections on the position of individuals in contemporary international law. In particular, the State practice arising from the Campbell case is not in line with the view asserting the centrality of the individual in international law. While a phenomenon of “humanization” is indeed shaping international law, the “humanization” of international law does not go beyond the content of its norms. The Campbell case contributes to showing that the Westphalian structure of the international legal system, based on State consent, has not been overcome.

Sulla posizione dell’individuo nel diritto internazionale: il caso Campbell e le vicende successive nell’Africa australe

Pascale G
2015

Abstract

This paper deals with the Mike Campbell (PVT) Ltd et Al. v. Zimbabwe case and subsequent events. In its judgment concerning that case, the Tribunal of the Southern African Development Community (SADC) characterized as unlawful the expropriations ordered by Zimbabwe according to the Land Acquisition Amendment Act. The Tribunal’s judgment led to the suspension of the SADC Tribunal Protocol. The States parties to the Protocol modified it to the effect that individuals would be precluded from applying to the Tribunal. These events represent an interesting starting point for some reflections on the position of individuals in contemporary international law. In particular, the State practice arising from the Campbell case is not in line with the view asserting the centrality of the individual in international law. While a phenomenon of “humanization” is indeed shaping international law, the “humanization” of international law does not go beyond the content of its norms. The Campbell case contributes to showing that the Westphalian structure of the international legal system, based on State consent, has not been overcome.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/10278/3724837
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