Author: Peter Brett
Publisher: Routledge
ISBN: 1351972626
Category : Political Science
Languages : en
Pages : 380
Book Description
Human Rights and the Judicialisation of African Politics shows readers how central questions in African politics have entered courtrooms over the last three decades, and provides the first transnational explanation for this development. The book begins with three conditions that have made judicialisation possible in Africa as a whole; new corporate rights norms (including the expansion of indigenous rights), the proliferation of new avenues for legal proceedings, and the development of new support structures enabling litigation. It then studies the effects of these changes based on fieldwork in three Southern African countries – Zimbabwe, Namibia and Botswana. Examining three recent court cases involving international law, international courts and transnational NGOs, it looks beyond some of international relations’ established models to explain when and why and legal rights can be clarified. This text will be of key interest to scholars and students of African politics and human rights, and more broadly to international relations and international law and justice.
Human Rights and the Judicialisation of African Politics
Author: Peter Brett
Publisher: Routledge
ISBN: 1351972626
Category : Political Science
Languages : en
Pages : 380
Book Description
Human Rights and the Judicialisation of African Politics shows readers how central questions in African politics have entered courtrooms over the last three decades, and provides the first transnational explanation for this development. The book begins with three conditions that have made judicialisation possible in Africa as a whole; new corporate rights norms (including the expansion of indigenous rights), the proliferation of new avenues for legal proceedings, and the development of new support structures enabling litigation. It then studies the effects of these changes based on fieldwork in three Southern African countries – Zimbabwe, Namibia and Botswana. Examining three recent court cases involving international law, international courts and transnational NGOs, it looks beyond some of international relations’ established models to explain when and why and legal rights can be clarified. This text will be of key interest to scholars and students of African politics and human rights, and more broadly to international relations and international law and justice.
Publisher: Routledge
ISBN: 1351972626
Category : Political Science
Languages : en
Pages : 380
Book Description
Human Rights and the Judicialisation of African Politics shows readers how central questions in African politics have entered courtrooms over the last three decades, and provides the first transnational explanation for this development. The book begins with three conditions that have made judicialisation possible in Africa as a whole; new corporate rights norms (including the expansion of indigenous rights), the proliferation of new avenues for legal proceedings, and the development of new support structures enabling litigation. It then studies the effects of these changes based on fieldwork in three Southern African countries – Zimbabwe, Namibia and Botswana. Examining three recent court cases involving international law, international courts and transnational NGOs, it looks beyond some of international relations’ established models to explain when and why and legal rights can be clarified. This text will be of key interest to scholars and students of African politics and human rights, and more broadly to international relations and international law and justice.
Accountable Government in Africa
Author: Danwood Mzikenge Chirwa
Publisher: United Nations Univ
ISBN: 9789280812053
Category : Political Science
Languages : en
Pages : 302
Book Description
This book brings together a number of leading experts in the fields of public law, political science and democratization studies to identify ways of making African governments accountable and describe the extent to which these mechanisms work in practice. It presents new knowledge about legal and political developments in a number of African countries, relevant to the policy goal of developing and deepening democratic governance and accountable government on the continent. This book will be of interest to academics, students and practitioners in the fields of public law, public administration, political studies and African studies.
Publisher: United Nations Univ
ISBN: 9789280812053
Category : Political Science
Languages : en
Pages : 302
Book Description
This book brings together a number of leading experts in the fields of public law, political science and democratization studies to identify ways of making African governments accountable and describe the extent to which these mechanisms work in practice. It presents new knowledge about legal and political developments in a number of African countries, relevant to the policy goal of developing and deepening democratic governance and accountable government on the continent. This book will be of interest to academics, students and practitioners in the fields of public law, public administration, political studies and African studies.
Definition and Development of Human Rights and Popular Sovereignty in Europe
Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287171344
Category : Political Science
Languages : en
Pages : 236
Book Description
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Publisher: Council of Europe
ISBN: 9789287171344
Category : Political Science
Languages : en
Pages : 236
Book Description
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Africa and the Backlash Against International Courts
Author: Peter Brett
Publisher: Zed Books Ltd.
ISBN: 1786993007
Category : Political Science
Languages : en
Pages : 285
Book Description
At the start of the twenty-first century the story of Africa’s engagement with international law was one of marked commitment and meaningful contributions. Africa pioneered new areas of law and legal remedies, such as international criminal law and universal jurisdiction, and gave human rights jurisdiction to a number of new international courts. However, in recent years, African states have mobilised politically and collectively against the regional courts and the International Criminal Court, contesting these institutions’ authority and legitimacy at national, regional and international levels. Africa and the Backlash Against International Courts provides the first comprehensive account of this important phenomenon, bringing together original fieldwork, empirical analysis and a critical overview of the diverse scholarship on both international and African regional courts. Moving beyond conventional explanations, Brett and Gissel use this remarkable research to show how the actions of African states should instead be seen as part of a growing desire for a more equal global order; a trend that not only has huge implications for Africa’s international relations, but that could potentially change the entire practice of international law.
Publisher: Zed Books Ltd.
ISBN: 1786993007
Category : Political Science
Languages : en
Pages : 285
Book Description
At the start of the twenty-first century the story of Africa’s engagement with international law was one of marked commitment and meaningful contributions. Africa pioneered new areas of law and legal remedies, such as international criminal law and universal jurisdiction, and gave human rights jurisdiction to a number of new international courts. However, in recent years, African states have mobilised politically and collectively against the regional courts and the International Criminal Court, contesting these institutions’ authority and legitimacy at national, regional and international levels. Africa and the Backlash Against International Courts provides the first comprehensive account of this important phenomenon, bringing together original fieldwork, empirical analysis and a critical overview of the diverse scholarship on both international and African regional courts. Moving beyond conventional explanations, Brett and Gissel use this remarkable research to show how the actions of African states should instead be seen as part of a growing desire for a more equal global order; a trend that not only has huge implications for Africa’s international relations, but that could potentially change the entire practice of international law.
African Human Rights Law Journal Volume 20 No 2 2020
Author:
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 531
Book Description
In 2020, the African Human Rights Law Journal (AHRLJ or Journal) celebrates 20 years since it first was published. The AHRLJ is the only peer-reviewed journal focused on human rights-related topics of relevance to Africa, Africans and scholars of Africa. It is a time for celebration. Since 2001, two issues of the AHRLJ have appeared every year. Initially published by Juta, in Cape Town, South Africa, in 2013 it became as an open-access journal published by the Pretoria University Law Press (PULP). PULP is a non-profit open-access publisher focused on advancing African scholarship. The AHRLJ contains peer-reviewed articles and ‘recent developments’, discussing the latest court decisions and legal developments in the African Union (AU) and regional economic communities. It contains brief discussions of recently-published books. With a total of 517 contributions in 40 issues (436 articles and 81 ‘recent developments’; not counting ‘book reviews’), on average the AHRLJ contains around 13 contributions per issue. The AHRLJ is accredited with the International Bibliography of the Social Sciences (IBSS) and the South African Department of Higher Education, Science and Innovation, and appears in a number of open access portals, including AfricanLii, the Directory of Open Access Journals and SciELO. Over the 20 years of its existence, many significant articles appeared in the AHRLJ. According to Google Scholar the mostcited articles that have appeared in the Journal over this period are (i) T Metz ‘Ubuntu as a moral theory and human rights in South Africa’ (2011) 11 African Human Rights Law Journal 532-559 (with 273 citations); (ii) D Cornell and K van Marle ‘Exploring ubuntu: Tentative reflections’ (2005) 5 African Human Rights Law Journal 195- 220 (with 97 citations); (iii) S Tamale ‘Exploring the contours of African sexualities: Religion, law and power’ (2014) 14 African Human Rights Law Journal 150-177 (with 85 citations); K Kindiki ‘The normative and institutional framework of the African Union relating to the protection of human rights and the maintenance of international peace and security: A critical appraisal’ (2003) 3 African Human Rights Law Journal 97-117 (with 59 citations); and T Kaime ‘The Convention on the Rights of the Child and the cultural legitimacy of children’s rights in Africa: Some reflections’ (2005) 5 African Human Rights Law Journal 221-238) (with 54 citations). This occasion allows some perspective on the role that the Journal has played over the past 20 years. It is fair to say that the AHRLJ contributed towards strengthening indigenous African scholarship, in general, and human rights-related themes, specifically. Before the Journal there was no academic ‘outlet’ devoted to human rights in the broader African context. Both in quantity and in quality the Journal has left its mark on the landscape of scholarly journals. The AHRLJ has provided a forum for African voices, including those that needed to be ‘fine-tuned’. Different from many other peerreviewed journals, the AHRLJ has seen it as its responsibility to nurture emerging but not yet fully-flourishing talent. This approach allowed younger and emerging scholars to be guided to sharpen their skills and find their scholarly voices. The AHRLJ has evolved in tandem with the African regional human rights system, in a dialogic relationship characterised by constructive criticism. When the Journal was first published in 2001, the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (African Court Protocol) was not yet in force. Over the years the Journal tracked the evolution of the African Court on Human and Peoples’ Rights (African Court) from a faltering start, through a phase when it increasingly expressed itself in an emerging jurisprudence, to the current situation of push-back by states signalled by the withdrawal by four states of their acceptance of the Court’s direct individual access jurisdiction. The same is largely true for the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee). It was in 2001 that the AU elected the first members of this Committee. It first met in 2002, and its first decade or so was lackluster. The Committee examined its first state report only in November 2008, and decided its first communication in March 2011. Articles by authors such as Mezmur and Sloth-Nielsen, who also served as members of the Committee, and Lloyd, placed the spotlight on the work of the Committee. Initially, these articles primarily served to describe and provide information that otherwise was largely inaccessible, but over time they increasingly provided a critical gaze and contributed to the constructive evolution of the Committee’s exercise of its mandate. By 2011 the African Commission on Human and Peoples’ Rights (African Commission) was already quite well established, but it also underwent significant growth over the subsequent 20-year period. Numerous articles in the Journal trace and analyse aspects of this evolution. Contributions in the Journal also cover most of the AU human rights treaties and soft law standards. A number of issues contain a ‘special focus’ section dealing with a thematic issue of particular relevance or concern, such as the focus on the Protocol to the African Charter on the Rights of Women (2006 no 1); ‘30 years of the African Charter’ (2011 no 2); and ‘sexual and reproductive rights and the African Women’s Protocol’ (2014 no 2). The scope of the Journal extends beyond the supranational dimension of human rights. Over the years many contributions explored aspects of the domestic human rights situation in countries such as the Democratic Republic of the Congo, Eswatini, Ethiopia, Lesotho, Malawi, Mauritius, Nigeria, South Africa, Tanzania, Uganda and Zimbabwe. From time to time the specific focus sections also veered towards domestic human rights protection. See for instance the focus on 20 years of the South African Constitution (2014 no 2); on ‘adolescent sexual and reproductive rights in the African region’ (2017 no 2); on ‘the rule of law in sub-Saharan Africa’ (2018 no 1); and on ‘dignity taking and dignity restorations’ (2018 no 2).
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 531
Book Description
In 2020, the African Human Rights Law Journal (AHRLJ or Journal) celebrates 20 years since it first was published. The AHRLJ is the only peer-reviewed journal focused on human rights-related topics of relevance to Africa, Africans and scholars of Africa. It is a time for celebration. Since 2001, two issues of the AHRLJ have appeared every year. Initially published by Juta, in Cape Town, South Africa, in 2013 it became as an open-access journal published by the Pretoria University Law Press (PULP). PULP is a non-profit open-access publisher focused on advancing African scholarship. The AHRLJ contains peer-reviewed articles and ‘recent developments’, discussing the latest court decisions and legal developments in the African Union (AU) and regional economic communities. It contains brief discussions of recently-published books. With a total of 517 contributions in 40 issues (436 articles and 81 ‘recent developments’; not counting ‘book reviews’), on average the AHRLJ contains around 13 contributions per issue. The AHRLJ is accredited with the International Bibliography of the Social Sciences (IBSS) and the South African Department of Higher Education, Science and Innovation, and appears in a number of open access portals, including AfricanLii, the Directory of Open Access Journals and SciELO. Over the 20 years of its existence, many significant articles appeared in the AHRLJ. According to Google Scholar the mostcited articles that have appeared in the Journal over this period are (i) T Metz ‘Ubuntu as a moral theory and human rights in South Africa’ (2011) 11 African Human Rights Law Journal 532-559 (with 273 citations); (ii) D Cornell and K van Marle ‘Exploring ubuntu: Tentative reflections’ (2005) 5 African Human Rights Law Journal 195- 220 (with 97 citations); (iii) S Tamale ‘Exploring the contours of African sexualities: Religion, law and power’ (2014) 14 African Human Rights Law Journal 150-177 (with 85 citations); K Kindiki ‘The normative and institutional framework of the African Union relating to the protection of human rights and the maintenance of international peace and security: A critical appraisal’ (2003) 3 African Human Rights Law Journal 97-117 (with 59 citations); and T Kaime ‘The Convention on the Rights of the Child and the cultural legitimacy of children’s rights in Africa: Some reflections’ (2005) 5 African Human Rights Law Journal 221-238) (with 54 citations). This occasion allows some perspective on the role that the Journal has played over the past 20 years. It is fair to say that the AHRLJ contributed towards strengthening indigenous African scholarship, in general, and human rights-related themes, specifically. Before the Journal there was no academic ‘outlet’ devoted to human rights in the broader African context. Both in quantity and in quality the Journal has left its mark on the landscape of scholarly journals. The AHRLJ has provided a forum for African voices, including those that needed to be ‘fine-tuned’. Different from many other peerreviewed journals, the AHRLJ has seen it as its responsibility to nurture emerging but not yet fully-flourishing talent. This approach allowed younger and emerging scholars to be guided to sharpen their skills and find their scholarly voices. The AHRLJ has evolved in tandem with the African regional human rights system, in a dialogic relationship characterised by constructive criticism. When the Journal was first published in 2001, the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (African Court Protocol) was not yet in force. Over the years the Journal tracked the evolution of the African Court on Human and Peoples’ Rights (African Court) from a faltering start, through a phase when it increasingly expressed itself in an emerging jurisprudence, to the current situation of push-back by states signalled by the withdrawal by four states of their acceptance of the Court’s direct individual access jurisdiction. The same is largely true for the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee). It was in 2001 that the AU elected the first members of this Committee. It first met in 2002, and its first decade or so was lackluster. The Committee examined its first state report only in November 2008, and decided its first communication in March 2011. Articles by authors such as Mezmur and Sloth-Nielsen, who also served as members of the Committee, and Lloyd, placed the spotlight on the work of the Committee. Initially, these articles primarily served to describe and provide information that otherwise was largely inaccessible, but over time they increasingly provided a critical gaze and contributed to the constructive evolution of the Committee’s exercise of its mandate. By 2011 the African Commission on Human and Peoples’ Rights (African Commission) was already quite well established, but it also underwent significant growth over the subsequent 20-year period. Numerous articles in the Journal trace and analyse aspects of this evolution. Contributions in the Journal also cover most of the AU human rights treaties and soft law standards. A number of issues contain a ‘special focus’ section dealing with a thematic issue of particular relevance or concern, such as the focus on the Protocol to the African Charter on the Rights of Women (2006 no 1); ‘30 years of the African Charter’ (2011 no 2); and ‘sexual and reproductive rights and the African Women’s Protocol’ (2014 no 2). The scope of the Journal extends beyond the supranational dimension of human rights. Over the years many contributions explored aspects of the domestic human rights situation in countries such as the Democratic Republic of the Congo, Eswatini, Ethiopia, Lesotho, Malawi, Mauritius, Nigeria, South Africa, Tanzania, Uganda and Zimbabwe. From time to time the specific focus sections also veered towards domestic human rights protection. See for instance the focus on 20 years of the South African Constitution (2014 no 2); on ‘adolescent sexual and reproductive rights in the African region’ (2017 no 2); on ‘the rule of law in sub-Saharan Africa’ (2018 no 1); and on ‘dignity taking and dignity restorations’ (2018 no 2).
The Politics of Peacebuilding in Africa
Author: Thomas Kwasi Tieku
Publisher: Routledge
ISBN: 1000507920
Category : Political Science
Languages : en
Pages : 247
Book Description
This interdisciplinary book brings together innovative chapters that address the entire spectrum of the African peacebuilding landscape and showcases findings from original studies on peacebuilding. With a range of perspectives, the chapters cover the full gamut of peacebuilding (i.e. the continuum between conflict prevention and post-war reconstruction) and address both micro and macro peacebuilding issues in the five regions of Africa. Moving beyond the tendency to focus on a single case study or few case studies in peacebuilding scholarship, the chapters examine critical peacebuilding issues at the local, state, regional, extra-regional, and continental levels in Africa. This book will be of key interest to scholars and students of African politics, peace and security studies, regional organizations, development studies, state-building, and more broadly to international relations, public policy, diplomacy, international organizations, and the wider social sciences.
Publisher: Routledge
ISBN: 1000507920
Category : Political Science
Languages : en
Pages : 247
Book Description
This interdisciplinary book brings together innovative chapters that address the entire spectrum of the African peacebuilding landscape and showcases findings from original studies on peacebuilding. With a range of perspectives, the chapters cover the full gamut of peacebuilding (i.e. the continuum between conflict prevention and post-war reconstruction) and address both micro and macro peacebuilding issues in the five regions of Africa. Moving beyond the tendency to focus on a single case study or few case studies in peacebuilding scholarship, the chapters examine critical peacebuilding issues at the local, state, regional, extra-regional, and continental levels in Africa. This book will be of key interest to scholars and students of African politics, peace and security studies, regional organizations, development studies, state-building, and more broadly to international relations, public policy, diplomacy, international organizations, and the wider social sciences.
African Foreign Policies
Author: Paul-Henri Bischoff
Publisher: Routledge
ISBN: 1000048373
Category : Juvenile Nonfiction
Languages : en
Pages : 214
Book Description
This book explores, at a time when several powers have become serious players on the continent, aspects of African agency, past and present, by African writers on foreign policy, representative of geography, language and state size. In the past, African foreign policy has largely been considered within the context of reactions to the international or global “external factor”. This groundbreaking book, however, looks at how foreign policy has been crafted and used in response not just to external, but also, mainly, domestic imperatives or (theoretical) signifiers. As such, it narrates individual and changing foreign policy orientations over time—and as far back as independence—with mainly African-based scholars who present their own constructs of what is a useful theoretical narrative regarding foreign policy on the continent—how theory is adapted to local circumstance or substituted for continentally based ontologies. The book therefore contends that the African experience carries valuable import for expanding general understandings of foreign policy in general. This book will be of key interest to scholars and students of Foreign Policy Analysis, Foreign Policy Studies, African International Relations/Politics/Studies, Diplomacy and more broadly to International Relations.
Publisher: Routledge
ISBN: 1000048373
Category : Juvenile Nonfiction
Languages : en
Pages : 214
Book Description
This book explores, at a time when several powers have become serious players on the continent, aspects of African agency, past and present, by African writers on foreign policy, representative of geography, language and state size. In the past, African foreign policy has largely been considered within the context of reactions to the international or global “external factor”. This groundbreaking book, however, looks at how foreign policy has been crafted and used in response not just to external, but also, mainly, domestic imperatives or (theoretical) signifiers. As such, it narrates individual and changing foreign policy orientations over time—and as far back as independence—with mainly African-based scholars who present their own constructs of what is a useful theoretical narrative regarding foreign policy on the continent—how theory is adapted to local circumstance or substituted for continentally based ontologies. The book therefore contends that the African experience carries valuable import for expanding general understandings of foreign policy in general. This book will be of key interest to scholars and students of Foreign Policy Analysis, Foreign Policy Studies, African International Relations/Politics/Studies, Diplomacy and more broadly to International Relations.
The Justice Cascade
Author: Kathryn Sikkink
Publisher: W. W. Norton & Company
ISBN: 0393079937
Category : Law
Languages : en
Pages : 353
Book Description
Over the past three decades, hundreds of government officials have gone from being immune to any accountability for their human rights violations to being the subjects of highly publicized trials in Latin America, Europe, and Africa, resulting in enormous media attention and severe consequences. Here, renowned scholar Kathryn Sikkink brings to light the groundbreaking emergence of these human rights trials as a modern political tool, one that is changing the face of global politics as we know it. Drawing on personal experience and extensive research, Sikkink explores the building of this movement toward justice, from its roots in Nuremberg to the watershed trials in Greece and Argentina. She shows how the foundations for the stunning, public indictments of Slobodan Milošević and Augusto Pinochet were laid by the long, tireless activism of civilians, many of whose own families had been destroyed, and whose fight for justice sometimes came at the risk of their own lives and careers. She also illustrates what effect the justice cascade has had on democracy, conflict, and repression, and what it means for leaders and citizens everywhere, including the policymakers behind our own "war on terror."--From publisher description.
Publisher: W. W. Norton & Company
ISBN: 0393079937
Category : Law
Languages : en
Pages : 353
Book Description
Over the past three decades, hundreds of government officials have gone from being immune to any accountability for their human rights violations to being the subjects of highly publicized trials in Latin America, Europe, and Africa, resulting in enormous media attention and severe consequences. Here, renowned scholar Kathryn Sikkink brings to light the groundbreaking emergence of these human rights trials as a modern political tool, one that is changing the face of global politics as we know it. Drawing on personal experience and extensive research, Sikkink explores the building of this movement toward justice, from its roots in Nuremberg to the watershed trials in Greece and Argentina. She shows how the foundations for the stunning, public indictments of Slobodan Milošević and Augusto Pinochet were laid by the long, tireless activism of civilians, many of whose own families had been destroyed, and whose fight for justice sometimes came at the risk of their own lives and careers. She also illustrates what effect the justice cascade has had on democracy, conflict, and repression, and what it means for leaders and citizens everywhere, including the policymakers behind our own "war on terror."--From publisher description.
Human Rights
Author: Michael Goodhart
Publisher: Oxford University Press, USA
ISBN: 0199608288
Category : Political Science
Languages : en
Pages : 514
Book Description
Human Rights: Politics and Practice is an introduction to human rights that goes beyond a purely legal perspective to look at theoretical issues and practical approaches. Bringing together leading experts, it is up to date with cutting edge research in a constantly evolving field.
Publisher: Oxford University Press, USA
ISBN: 0199608288
Category : Political Science
Languages : en
Pages : 514
Book Description
Human Rights: Politics and Practice is an introduction to human rights that goes beyond a purely legal perspective to look at theoretical issues and practical approaches. Bringing together leading experts, it is up to date with cutting edge research in a constantly evolving field.
The Protection of Economic, Social and Cultural Rights in Africa
Author: Danwood Mzikenge Chirwa
Publisher: Cambridge University Press
ISBN: 1107173655
Category : Law
Languages : en
Pages : 609
Book Description
This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.
Publisher: Cambridge University Press
ISBN: 1107173655
Category : Law
Languages : en
Pages : 609
Book Description
This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.