‘The Right to Shoot Himself’: Secession in the British Commonwealth of Nations

The ultimate test of whether an association is voluntary or not is if you can leave it. It is difficult, at this remove, to appreciate how live an issue secession from the British commonwealth of nations was in the 1920s and 1930s. It occupied an inordinate amount of time and negotiation for a doctrine that had been ostensibly conceded in 1920. Yet, much as with the case of the appeal to the judicial committee of the privy council, once the dominions sought to take advantage of the freedom which had been guaranteed by official statements, they found a formidable amount of diplomatic pressure and legal opinion brought to bear to indicate that no such right could be officially declared. This article traces the evolution of the arguments about the right to secede in the 1930s, and examines how the right came eventually to be exercised in the case of the new commonwealth countries in the 1940s. It concludes by examining how the doctrine of secession as developed in the 1930s was abandoned in order to retain Indian membership in the commonwealth.     

Negligence and Human Rights Law: The Case for Separate Development

A number of judges and academics have argued in favour of the convergence of negligence law with human rights law. By contrast, the thesis of this article is that the two legal orders should develop independently, so that for the most part the law of negligence ought not to be affected by human rights considerations. It is argued that the case for convergence is based on two false assumptions, namely that human rights law and negligence law perform similar functions within our legal order and that the norms of human rights law are more fundamental than the norms encapsulated in negligence law. It is also argued that convergence would undermine the coherence of negligence law. Ultimately, the case for separate development rests on the desirability of recognising public law and private law as autonomous normative systems with their own distinctive rationales, concepts and core principles.     

Reviews

Beyond Apartheid: Human Resources for a New South Africa. James Currey Ltd., Islington, London, David Philip Publisher (Pty) Ltd., Claremont (South Africa), and Heinemann Educational Books Inc., Portsmouth (USA), 1991. x plus 132pp. including tables, notes and appendices. £7,95. Paperback.

Occasional Papers on the Irish in South Africa by Donald H. Akenson. Institute of Social and Economic Research, Rhodes University, Grahamstown 1991.96pp.

The Organisation of African Unity: An Analysis of its Role by Gino J. Naldi. Mansell: London and New York, 1989. ix plus 228pp. including appendices. £40,00.

Place, Migration and Development in the Third World. An Alternative View by Lawrence A. Brown. Routledge, London and New York, 1991. xx plus 252pp. including figures, tables, appendices, notes, references and index. Hardback.

Urban and Regional Change in Southern Africa edited by David Drakakis‐Smith. Routledge (London), 1992. xviii plus 227 pp. including figures, tables, notes, bibliography and index.

The Making of the Colonial Order: White Supremacy and Black Resistance in the Eastern Cape, 1770–1865 by Clifton C. Crais. Witwatersrand University Press, Johannesburg, 1992. 284pp. R60,00. Paperback.

Bounds of Possibility by B. Pityana, M. Ramphele, M. Mpumlwana and L Wilson. David Philip, Cape Town, 1991. R35,50. Paperback.

All, Here, and Now: Black Politics in the 1980s by Tom Lodge, Bill Nasson, Steven Mufson, Khehla Shubane and Nokwanda Sithole. David Philip, Cape Town, 1991. x plus 414 pp. including figures, appendices, bibliography and index. R44,95. Paperback.

Spirit of Africa: The Healing Ministry of Archbishop Milingo of Zambia by Gerrie ter Haar. Hurst & Company, London, 1992. x plus 286 pp. including map illustrations, notes, bibliography and index. £9,95. Paperback.

Striking Back: A History of COSATU by Jeremy Baskin. Ravan Press, Johannesburg, 1991. xv plus 488pp. R32.95.

Economic Development That Lasts: Labour‐intensive Irrigation Projects in Nepal and the United Republic of Tanzania by Bertin Martens. International Labour Office, Geneva, 1989. xvii plus 191pp. including maps, figures, tables, appendices and bibliography. Swiss francs 27,50. Paperback.

South African Review 6: From “Red Friday” to CODESA edited by Glenn Moss and Ingrid Obery. Ravan Press, Johannesburg, 1992. xxi plus 508pp. including figures, tables and notes. Paperback.

Black Youth in Crisis: Facing the Future edited for CASE by David Everatt and Elinor Sisulu. Ravan Press, Johannesburg, 1992. xii plus 89pp. including figures, tables and notes.