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Author : Salvatore Mancuso
Publisher :
ISBN 13 : 9781485107453
Total Pages : 185 pages
Book Rating : 4.1/5 (74 download)
Download or read book Comparative Law in Africa written by Salvatore Mancuso and published by . This book was released on 2015 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Werner F. Menski
Publisher : Cambridge University Press
ISBN 13 : 1139452711
Total Pages : 565 pages
Book Rating : 4.1/5 (394 download)
Download or read book Comparative Law in a Global Context written by Werner F. Menski and published by Cambridge University Press. This book was released on 2006-03-30 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Bronwen Manby
Publisher : African Minds
ISBN 13 : 1936133296
Total Pages : 121 pages
Book Rating : 4.9/5 (361 download)
Download or read book Citizenship Law in Africa written by Bronwen Manby and published by African Minds. This book was released on 2012-07-27 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.
Author : Richard Akinjide
Publisher : BRILL
ISBN 13 : 9004642188
Total Pages : 315 pages
Book Rating : 4.0/5 (46 download)
Download or read book Africa and the Development of International Law written by Richard Akinjide and published by BRILL. This book was released on 2023-12-11 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mark S. Kende
Publisher :
ISBN 13 : 9781611634853
Total Pages : 0 pages
Book Rating : 4.6/5 (348 download)
Download or read book Comparative Constitutional Law written by Mark S. Kende and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harvard Law Professor Cass Sunstein has said that South Africa has "the most admirable constitution in the history of the world." This comparative constitutional law casebook is unique because it allows students and experts in U.S. constitutional law (or other nations) to compare their approach with modern South African constitutionalism. The transformative and progressive South African Constitution adopts the most successful parts of existing parliamentary constitutions, while honoring the nation's African heritage. Further, it incorporates numerous international human rights such as socio-economic and environmental rights. The book's South African focus guarantees readers will grasp the contingency and social context of a foreign constitutional court's decisions, rather than primarily surveying cases from numerous other nations. Yet the introductory chapter also provides background on South Africa, and then exposes readers to key theoretical questions about comparativism. Moreover, that chapter briefly describes seven other constitutional democracies where the courts play important but different roles than in South Africa. These nations provide further context for the strong judicial review exercised by the South African Constitutional Court. Indeed, excerpts from that Court's decisions make up most of the core second chapter. The core chapter also contains questions about the reasoning of each South African case, as well as how that case compares to a single foreign case on the same topic. The book is suitable for law students, as well as other graduate and undergraduate students. In addition, the book is the first condensed version of South African constitutional case law published in the U.S. Thus, it functions as a research collection for experts, as well as a casebook.
Author : Taslim Olawale Elias
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024737963
Total Pages : 332 pages
Book Rating : 4.7/5 (379 download)
Download or read book Africa and the Development of International Law written by Taslim Olawale Elias and published by Martinus Nijhoff Publishers. This book was released on 1988-11-14 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Africa. The new states and the United Nations. Modern.
Author : Jennifer Moore
Publisher : Oxford University Press
ISBN 13 : 0199856966
Total Pages : 373 pages
Book Rating : 4.1/5 (998 download)
Download or read book Humanitarian Law in Action Within Africa written by Jennifer Moore and published by Oxford University Press. This book was released on 2012-04-19 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Jennifer Moore studies the role and application of humanitarian law by considering the experiences of African countries that are emerging from civil wars. Moore first offers an overview of international law, including its essential vocabulary, and then describes four particular subfields of international law: international humanitarian law, international human rights law, international criminal law, and international refugee law. After offering readers this important backdrop, Moore turns to practical mechanisms necessary to implement international humanitarian law, focusing specifically on the experiences of Uganda, Sierra Leone, and Burundi. This study of humanitarian law, despite its focus on Africa's experience, is important to conflict resolution and reconstruction throughout the world.
Author : J. N. D. Anderson
Publisher : Routledge
ISBN 13 : 1000510921
Total Pages : 422 pages
Book Rating : 4.0/5 (5 download)
Download or read book Family Law in Asia and Africa written by J. N. D. Anderson and published by Routledge. This book was released on 2021-12-19 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1968, we were witnessing a new – and welcome – emphasis on Comparative Law, both in the Universities and even the practising profession, together with a quickened interest in the law of family relations. This volume provided a wealth of information for anyone wishing to study these relations in a widely comparative context. The chapters cover not only the basic law of marriage and divorce in a number of developing countries both in Asia and Africa, but also discuss in considerable detail the ways in which matrimonial property is regulated under different systems. This was a highly topical subject at the time, when our own law of matrimonial property was under criticism and active reconsideration. The book also treats such subjects as the eclipse of the patriarchal family in contemporary Islamic law, religious law and the modern family in Israel, the juristic basis and context of Parsi family law, and contemporary family law in Southern Africa.
Author : Keir Starmer
Publisher : BIICL
ISBN 13 : 0903067846
Total Pages : 1486 pages
Book Rating : 4.9/5 (3 download)
Download or read book Human Rights Manual and Sourcebook for Africa written by Keir Starmer and published by BIICL. This book was released on 2005 with total page 1486 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when the issue of human rights in Africa is making many advances, Human Rights Sourcebook and Manual for Africa introduces easy-to-use jurisprudence. The first section covers key principles and human rights norms which are detailed in straightforward language. The second section is devoted to the death penalty, detailing the relevant provisions from both international and regional instruments and offering a comparative commentary as to how the principles and relevant rights relate to the death penalty. The third section summarizes key case law from international, regional and domestic African courts and tribunals. The case summaries detail the facts and decisions and include a headnote of relevant concepts for quick reference. The fourth section focuses on thirteen African countries, yet the reports are a useful comparative resource for all countries. From conducting the research and compiling the material for this final section, it is apparent that nothing like this has been attempted before in Africa. Much of the work emanates from primary research and investigation conducted by local research teams in the individual countries. Investigative research includes visiting prisons, physically counting the individuals on death row and interviewing the detainees to obtain their age and the length of time they had been on death row.
Author : Magnus Killander
Publisher : PULP
ISBN 13 : 0986985724
Total Pages : 261 pages
Book Rating : 4.9/5 (869 download)
Download or read book International Law and Domestic Human Rights Litigation in Africa written by Magnus Killander and published by PULP. This book was released on 2010 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: "African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.
Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
ISBN 13 : 0521199697
Total Pages : 559 pages
Book Rating : 4.5/5 (211 download)
Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author : Dirdeiry M. Ahmed
Publisher : Cambridge University Press
ISBN 13 : 1107117984
Total Pages : 321 pages
Book Rating : 4.1/5 (71 download)
Download or read book Boundaries and Secession in Africa and International Law written by Dirdeiry M. Ahmed and published by Cambridge University Press. This book was released on 2015-12-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.
Author : Elsabe Schoeman
Publisher :
ISBN 13 : 9789041151803
Total Pages : 0 pages
Book Rating : 4.1/5 (518 download)
Download or read book Private International Law in South Africa written by Elsabe Schoeman and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Authors. List of Abbreviations. General Introduction. Part I. General Principles (Choice-of-Law Technique). Chapter 1. Sources of PIL. Chapter 2. Connection. Chapter 3. Basic Terms. Part II. Rules of Choice of Law. Chapter 1. Persons. Chapter 2. Obligations. Chapter 3. Law of Property. Chapter 4. Intangible Property Rights. Chapter 5. Company Law. Chapter 6. Family Law. Chapter 7. Succession Law. Part III. Annex: International Civil Procedure (ICP). Chapter 1. Sources of ICP (National Law, International Conventions). Chapter 2. The Principle of Lex Fori. Chapter 3. National Jurisdiction. Chapter 4. International Jurisdiction. Chapter 5. Acceptability (Recognition) and Enforcement of Foreign Judgments. Selected Bibliography. Index.
Author : Gabrielle Kirk McDonald
Publisher : Cambridge University Press
ISBN 13 : 1107021308
Total Pages : 361 pages
Book Rating : 4.1/5 (7 download)
Download or read book Black Women and International Law written by Gabrielle Kirk McDonald and published by Cambridge University Press. This book was released on 2015-04-30 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the manifold relationship between black women and international law, highlighting the historic and contemporary ways they have influenced and been influenced.
Author : Fola Adeleke
Publisher : Routledge
ISBN 13 : 1351998811
Total Pages : 211 pages
Book Rating : 4.3/5 (519 download)
Download or read book International Investment Law and Policy in Africa written by Fola Adeleke and published by Routledge. This book was released on 2017-09-08 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.
Author : Katrin Seidel
Publisher : Routledge
ISBN 13 : 1000060969
Total Pages : 276 pages
Book Rating : 4.0/5 ( download)
Download or read book Normative Spaces and Legal Dynamics in Africa written by Katrin Seidel and published by Routledge. This book was released on 2020-06-09 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves. Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa’s multidimensional normative spaces. The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.
Author : Kolawole Olaniyan
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254536
Total Pages : 286 pages
Book Rating : 4.7/5 (822 download)
Download or read book Corruption and Human Rights Law in Africa written by Kolawole Olaniyan and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.
