International Law

International Law
Author: John Dugard
Publisher:
Total Pages: 0
Release: 2011
Genre: Human rights
ISBN: 9780702186462

With a unique focus on the South African experience, this is a comprehensive work on the rules and principles of international law and examines the ways in which they are applied within South Africa. This fourth edition considers both international and South African sources and provides an expanded focus on an array of topics, including secession, immunities of senior officials for international crimes, diplomatic protection, universal jurisdiction, the responsibility of international organizations, reservations to treaties, the Human Rights Council, the SADC Tribunal, the responsibility to protect, a review of Security Council action, self-defense against terrorism, the definition of aggression in the Statute of the International Criminal Court, the jurisprudence of the International Criminal Court, the African Court of Human Rights, and the protection of civilians in armed conflict.

Comparative Law in a Global Context

Comparative Law in a Global Context
Author: Werner F. Menski
Publisher: Cambridge University Press
Total Pages: 565
Release: 2006-03-30
Genre: Law
ISBN: 1139452711

Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

The African Court of Justice and Human and Peoples' Rights in Context

The African Court of Justice and Human and Peoples' Rights in Context
Author: Charles C. Jalloh
Publisher: Cambridge University Press
Total Pages: 1199
Release: 2019-05-16
Genre: History
ISBN: 110842273X

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.

Jurisprudence in an African Context

Jurisprudence in an African Context
Author: Thaddeus Metz
Publisher:
Total Pages: 294
Release: 2017
Genre: Jurisprudence
ISBN: 9780199048496

Jurisprudence in an African Context is devoted to the philosophy of law, in a way that engages earnestly with African thought and the African context. The text features primary texts by leading African intellectuals, putting these into critical dialogue with Western theorists. It addressescore jurisprudential topics, such as the nature and functions of law, the manner in which judges do and should interpret the law, theories of distributive justice, and accounts of civil and criminal justice. These abstract philosophical issues are considered in the context of salient controversieson the African continent, including: how cultural norms should influence judicial interpretation, who is obligated to fight poverty, how to effect land reform, whether to respond punitively to crimes against humanity, and, more broadly, how traditional values might inform contemporary thought andpractice. Texts and topics are expounded and evaluated in a clear, accessible manner, and related questions guide readers to actively engage and respond. Jurisprudence in an African Context is suited as core material for courses in jurisprudence (including both legal and political philosophy), and may be ofinterest to scholars who wish to engage with African thought about the making, interpretation and enforcement of law.

The Performance of Africa's International Courts

The Performance of Africa's International Courts
Author: James Thuo Gathii
Publisher: Oxford University Press, USA
Total Pages: 385
Release: 2020-11-26
Genre: Law
ISBN: 0198868472

This book argues that we must look beyond the traditional criteria of compliance and effectiveness to judge the performance of Africa's international courts. It demonstrates how these courts are important venues for activists and opposition parties to wage political, social, environmental, and legal struggles on the international stage.

The African Regional Human Rights System

The African Regional Human Rights System
Author: Manisuli Ssenyonjo
Publisher: Martinus Nijhoff Publishers
Total Pages: 629
Release: 2011-12-23
Genre: Law
ISBN: 9004218149

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.

The African Criminal Court

The African Criminal Court
Author: Gerhard Werle
Publisher: Springer
Total Pages: 349
Release: 2016-11-29
Genre: Law
ISBN: 9462651507

This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

International Law and the Politics of History

International Law and the Politics of History
Author: Anne Orford
Publisher: Cambridge University Press
Total Pages: 395
Release: 2021-08-05
Genre: History
ISBN: 1108480942

Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

The Acquisition of Africa (1870-1914)

The Acquisition of Africa (1870-1914)
Author: Mieke van der Linden
Publisher: BRILL
Total Pages: 364
Release: 2016-10-05
Genre: Law
ISBN: 9004321195

Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.