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Conflict Of Laws Customary Law And The General Law In Sub Saharan Africa
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Book Synopsis The Future of African Customary Law by : Jeanmarie Fenrich
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.
Book Synopsis Grass-roots Justice in Ethiopia by : Collectif
Download or read book Grass-roots Justice in Ethiopia written by Collectif and published by . This book was released on 2016-07-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a timely review of the relations between the formal and customary justice systems in Ethiopia, and offers recommendations for legal reform. The book provides cases studies from all the Region of Ethiopia based on field research on the working of customary dispute resolution (CDR) institutions, their mandates, compositions, procedures and processes. The cases studies also document considerable unofficial linkages with the state judicial system, and consider the advantages as well as the limitations of customary institutions with respect to national and international law. The editor's introduction reviews the history of state law and its relations with customary law, summarises the main findings by region as well as as on inter-ethnic issues, and draws conclusions about social and legal structures, principles of organization, cultural concepts and areas, and judicial processes. The introduction also addresses the questions of inclusion and exclusion on the basis of gerontocratic power, gender, age and marginalised status, and the gradual as well as remarkable recent transformations of CDR institutions. The editor's conclusion reviews the characteristics, advantages and limitations of CDR institutions. A strong case is made for greater recognition of customary systems and better alliance with state justice, while safeguarding individual and minority rights. The editors suggest that the current context of greater decentralization opens up opportunities for pratical collaboration between the systems by promoting legal pluralism and reform, thereby enhancing local level justice delivery. The editors conclude by proposing a range of options for more meaningful partnership for consideration by policy makers, the legal profession and other stakeholders. In memory of Aberra Jembere and Dinsa Lepisa. Cover: Elders at peace ceremony in Arbore, 1993.
Book Synopsis Disrupting Africa by : Olufunmilayo B. Arewa
Download or read book Disrupting Africa written by Olufunmilayo B. Arewa and published by Cambridge University Press. This book was released on 2021-07-29 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the digital era, many African countries sit at the crossroads of a potential future that will be shaped by digital-era technologies with existing laws and institutions constructed under conditions of colonial and post-colonial authoritarian rule. In Disrupting Africa, Olufunmilayo B. Arewa examines this intersection and shows how it encompasses existing and new zones of contestation based on ethnicity, religion, region, age, and other sources of division. Arewa highlights specific collisions between the old and the new, including in the 2020 #EndSARS protests in Nigeria, which involved young people engaging with varied digital era technologies who provoked a violent response from rulers threatened by the prospect of political change. In this groundbreaking work, Arewa demonstrates how lawmaking and legal processes during and after colonialism continue to frame contexts in which digital technologies are created, implemented, regulated, and used in Africa today.
Book Synopsis Empowering Women by : Mary Hallward-Driemeier
Download or read book Empowering Women written by Mary Hallward-Driemeier and published by World Bank Publications. This book was released on 2012-10-04 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides compelling evidence from 42 Sub-Saharan African countries that gender gaps in legal capacity and property rights need to be addressed in terms of substance, enforcement, awareness, and access if economic opportunities for women in Sub-Saharan Africa are to continue to expand.
Book Synopsis New Directions in Comparative Law by : Antonina Bakardjieva Engelbrekt
Download or read book New Directions in Comparative Law written by Antonina Bakardjieva Engelbrekt and published by Edward Elgar Publishing. This book was released on 2009 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This in-depth book explores the changing role of comparative law in an era of Europeanisation and globalisation. It explains how national law coexists and interacts with supranational and international law and how legal rules are produced by a variety of institutions alongside and beyond the nation-state. The book combines both theoretical and practically oriented contributions in the areas of law and development, comparative constitutional law, as well as comparative private and economic law. It offers a plurality of perspectives on the theory and methods of comparative law as a legal discipline, but also on comparative law when concretely applied in projects of legal aid, harmonisation of law and legal reform. Offering a multi-disciplinary perspective, this book will appeal to researchers and policymakers in international organisations. It will also serve as a valuable resource for advanced level courses on comparative law, and on law reform and legal aid.
Book Synopsis Working with Customary Justice Systems by : Erica Harper
Download or read book Working with Customary Justice Systems written by Erica Harper and published by . This book was released on 2011 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Working with Customary Justice Systems: Post-conflict and Fragile States is a collection of articles from the 'Legal Empowerment and Customary Law Research Grants' program, where seven bursaries were awarded to scholar-practitioners to develop and conduct empirically grounded and evidence-based research programs to evaluate the impact of an empowerment-based initiative involving customary justice. The case studies illustrate that what is effective is situation-specific and contingent upon a variety of factors including, among others, social norms, the presence and strength of a rule of law culture, socioeconomic realities and national and geo-politics"--Provided by publisher.
Book Synopsis Citizenship Law in Africa by : Bronwen Manby
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.
Book Synopsis The African Criminal Court by : Gerhard Werle
Download or read book The African Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2016-11-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa by : Ololade Shyllon
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
Book Synopsis Women, Law and Human Rights by : Fareda Banda
Download or read book Women, Law and Human Rights written by Fareda Banda and published by Bloomsbury Publishing. This book was released on 2005-10-04 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa, with its mix of statute, custom and religion is at the centre of the debate about law and its impact on gender relations. This is because of the centrality of the gender question and its impact on the cultural relativism debate within human rights. It is therefore important to examine critically the role of law, broadly constructed, in African societies. The book focuses on women's experiences in the family. This is because the lives of women continue to be lived out largely in the private domain, where the right to privacy is used to conceal unequal treatment of women which is justified by invoking 'custom' and 'tradition'. The book shows how law and its interpretation is used to disenfranchise women, resulting in their being deprived of land and other property which they may have helped to accumulate. It also considers issues of violence within the home, reproductive rights and examines the issue of female genital cutting. The role of women in development is explored as is their participation in politics and the NGO sector. A major theme of the book is a consideration of the linkages of constitutional and international human rights norms with local values. This is done using feminist tools of analysis. The book considers the provisions of the Protocol to the African Charter on Human and People's Rights on the Rights of Women which was adopted by the African Union in July 2003.
Book Synopsis The Oxford Handbook of Comparative Regionalism by : Tanja A. Börzel
Download or read book The Oxford Handbook of Comparative Regionalism written by Tanja A. Börzel and published by Oxford University Press. This book was released on 2016 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Comparative Regionalism - the first of its kind - offers a systematic and wide-ranging survey of the scholarship on regionalism, regionalization, and regional governance. Unpacking the major debates, leading authors of the field synthesize the state of the art, provide a guide to the comparative study of regionalism, and identify future avenues of research. Twenty-seven chapters review the theoretical and empirical scholarship with regard to the emergence of regionalism, the institutional design of regional organizations and issue-specific governance, as well as the effects of regionalism and its relationship with processes of regionalization. The authors explore theories of cooperation, integration, and diffusion explaining the rise and the different forms of regionalism. The handbook also discusses the state of the art on the world regions: North America, Latin America, Europe, Eurasia, Asia, North Africa and the Middle East, and Sub-Saharan Africa. Various chapters survey the literature on regional governance in major issue areas such as security and peace, trade and finance, environment, migration, social and gender policies, as well as democracy and human rights. Finally, the handbook engages in cross-regional comparisons with regard to institutional design, dispute settlement, identities and communities, legitimacy and democracy, as well as inter- and transregionalism.
Book Synopsis Conflict of Laws: A Comparative Approach by : Cuniberti, Gilles
Download or read book Conflict of Laws: A Comparative Approach written by Cuniberti, Gilles and published by Edward Elgar Publishing. This book was released on 2022-02-18 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.
Book Synopsis Mixed Jurisdictions Worldwide by : Vernon Valentine Palmer
Download or read book Mixed Jurisdictions Worldwide written by Vernon Valentine Palmer and published by Cambridge University Press. This book was released on 2012-06-28 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.
Book Synopsis Human Rights and Traditional Justice Systems in Africa by :
Download or read book Human Rights and Traditional Justice Systems in Africa written by and published by UN. This book was released on 2016 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication defines the nature and characteristics of traditional justice systems, including issues related to jurisdiction, community involvement, composition, and a primary focus on restorative justice.
Book Synopsis Safe Abortion by : World Health Organization
Download or read book Safe Abortion written by World Health Organization and published by World Health Organization. This book was released on 2003-05-13 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a UN General Assembly Special Session in 1999, governments recognised unsafe abortion as a major public health concern, and pledged their commitment to reduce the need for abortion through expanded and improved family planning services, as well as ensure abortion services should be safe and accessible. This technical and policy guidance provides a comprehensive overview of the many actions that can be taken in health systems to ensure that women have access to good quality abortion services as allowed by law.
Book Synopsis Muslim Family Law in Sub-Saharan Africa by : Shamil Jeppie
Download or read book Muslim Family Law in Sub-Saharan Africa written by Shamil Jeppie and published by Amsterdam University Press. This book was released on 2010 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers comparative historical, anthropological and legal perspectives on the ways in which French and British colonial administrations interacted with the diversity of Islamic legal schools, scholars, and practices in Africa.
Book Synopsis Witchcraft, Power and Politics by : Isak Niehaus
Download or read book Witchcraft, Power and Politics written by Isak Niehaus and published by Pluto Press. This book was released on 2001-05-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an extraordinary contemporary account of witchcraft and witch-hunting in the modern world. A powerful ethnographic study of witch-hunting in 1980s South Africa – a period of rapid social change – this book demonstrates the extent to which witchcraft must be seen, not as a residue of ‘traditional’ culture but as part of a complex social drama which is deeply embedded in contemporary political and economic processes. Isak Niehaus provides the context for this fascinating study of witchcraft practices. He shows how witchcraft was politicised against the backdrop of the apartheid state, the liberation struggle and the establishment of the first post-apartheid regime, which all affected conceptions of witchcraft. Niehaus demonstrates how the ANC and other political groups used witchcraft beliefs to further their own agenda. He explores the increasingly conservative role of the chiefs and the Christian church. In the process, he reveals the fraught nature of intergenerational and gender relations. The result is a truly insightful and theoretically engaged account of a much-studied but frequently misunderstood practice.
