Issues In African Law

Author : J. F. Holleman
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111414566
Total Pages : 192 pages
Book Rating : 4.60/5 ( download)

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Download or read book Issues in African law written by J. F. Holleman and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-01-29 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Issues in African law".

Author : Oche Onazi
Publisher : Springer Science & Business Media
ISBN 13 : 9400775377
Total Pages : 297 pages
Book Rating : 4.74/5 ( download)

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Download or read book African Legal Theory and Contemporary Problems written by Oche Onazi and published by Springer Science & Business Media. This book was released on 2013-11-26 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a collection of essays, which aim to situate African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of war to the misery of poverty and disease to the crises of the environment. Apart from being problems that have an indelible African mark on them, a common theme that runs throughout the essays in this book is that African legal theory has been excluded, under-explored or under-theorised in the search for solutions to such contemporary problems. The essays make a modest attempt to reverse this trend. The contributors investigate and introduce readers to the key issues, questions, concepts, impulses and problems that underpin the idea of African legal theory. They outline the potential offered by African legal theory and open up its key concepts and impulses for critical scrutiny. This is done in order to develop a better understanding of the extent to which African legal theory can contribute to discourses seeking to address some of the challenges that confront African and non-African societies alike.

Author : Charles C. Jalloh
Publisher : Cambridge University Press
ISBN 13 : 110842273X
Total Pages : 1199 pages
Book Rating : 4.34/5 ( download)

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Download or read book The African Court of Justice and Human and Peoples' Rights in Context written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2019-05-16 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Author :
Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 531 pages
Book Rating : 4./5 ( download)

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Download or read book African Human Rights Law Journal Volume 20 No 2 2020 written by and published by Pretoria University Law Press. This book was released on 2020-01-01 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Author : Jeanmarie Fenrich
Publisher : Cambridge University Press
ISBN 13 : 1139497820
Total Pages : 563 pages
Book Rating : 4.24/5 ( download)

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Download or read book The Future of African Customary Law written by Jeanmarie Fenrich and published by Cambridge University Press. This book was released on 2011-07-18 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.

Author : Frederick Owusu Boadu
Publisher : Academic Press
ISBN 13 : 0128018453
Total Pages : 625 pages
Book Rating : 4.53/5 ( download)

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Download or read book Agricultural Law and Economics in Sub-Saharan Africa written by Frederick Owusu Boadu and published by Academic Press. This book was released on 2016-04-27 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Agricultural Law in Sub-Saharan Africa: Cases and Comments introduces the subject of agricultural law and economics to researchers, practitioners, and students in common law countries in Sub-Saharan Africa, and presents information from the legal system in Botswana, Gambia, Ghana, Lesotho, Malawi, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Zambia, and Zimbabwe. The law and economics approach entails the use of quantitative methods in research. This is consistent with the expectations in an applied economics field such as agricultural economics. Covering the general traditional law topics in contracts, torts, and property, the book goes further to introduce cutting-edge and region-relevant topics, including contracts with illiterate parties, contract farming, climate change, and transboundary water issues. The book is supported by an extensive list of reference materials, as well as study and enrichment exercises, to deepen readers’ understanding of the principles discussed in the book. It is a learning tool, first and foremost, and can be used as a stand-alone resource to teach the subject matter of agricultural law and economics to professionals new to the subject area as well as to students in law school, agricultural economics, economics, and inter-disciplinary classes. Offers research findings on such topics as food safety, climate change, transboundary natural resources, international sale of goods, patents, and trademarks to highlight the future sources of pressure on the agriculture industry Uses case-studies to provide real-world insights into the challenges and considerations of appropriate agricultural law development Challenges readers to carry out their own research in their areas of study, and to gain some understanding of the relationship between law, economics, and statistics Includes extensive resources, such as chapter summaries, study questions, and challenge questions at the end of each chapter to assist instructors and students in gaining full benefits from using the book Provides separate instructor and student study guides, a test bank, and test bank answers, in hardcopy and electronic formats

Author : Ololade Shyllon
Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4./5 ( download)

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Download or read book Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa written by Ololade Shyllon and published by Pretoria University Law Press. This book was released on 2018-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography

Author : Manisuli Ssenyonjo
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004218149
Total Pages : 629 pages
Book Rating : 4.47/5 ( download)

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Download or read book The African Regional Human Rights System written by Manisuli Ssenyonjo and published by Martinus Nijhoff Publishers. This book was released on 2011-12-23 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.

Author : Casper Njuguna
Publisher : Rowman & Littlefield
ISBN 13 : 1498584411
Total Pages : 89 pages
Book Rating : 4.18/5 ( download)

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Download or read book African Customary Law written by Casper Njuguna and published by Rowman & Littlefield. This book was released on 2019-12-02 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa is the emerging continent of the twenty-first century and will continue to play a major role in the world politics and trade. At the center of the African experience is customary law, which remains one of the most important and quintessential forms of legal, political, and social organization and regulation in the sub-Saharan landscape. Using qualitative and quantitative data, Casper Njuguna, sets a framework for understanding the hybrid nature of this law and creates an appropriate new moniker for it—Neo-Autogenous Sub-Saharan Law (NAS law). This systematic and empirical analysis addresses philosophical issues like human rights, property rights, women’s rights, individual rights and freedoms, family relations, social structures, and political loyalties, which span beyond Africa and African scholars.

Author : Fatima Diallo
Publisher : BRILL
ISBN 13 : 9004251898
Total Pages : 310 pages
Book Rating : 4.92/5 ( download)

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Download or read book Access to Information in Africa written by Fatima Diallo and published by BRILL. This book was released on 2013-06-15 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a long time, Africa has 'lagged' behind global advances in transparency, but there are now significant developments on the continent. In a ground-breaking book, Access to Information in Africa brings together for the first time a collection of African academics and practitioners to contribute to the fast-growing body of scholarship that is now accumulating internationally. This is therefore an African account of progress made and setbacks suffered, but also an account of challenges and obstacles that confront both policy-makers and practitioners. These challenges must be overcome if greater public access to information is to make a distinctive, positive contribution to the continent’s democratic and socio-economic future. This book offers a necessarily multi-dimensional perspective on the state of ATI in African jurisdictions and the emerging, new praxis - a praxis that will entail a genuine domestication of the right of access to information on the continent.