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Normative Spaces And Legal Dynamics In Africa
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Book Synopsis Normative Spaces and Legal Dynamics in Africa by : Katrin Seidel
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.
Book Synopsis Negotiating Norms by : Ricarda Rösch
Download or read book Negotiating Norms written by Ricarda Rösch and published by Springer Nature. This book was released on 2023-12-12 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the right to free, prior and informed consent (FPIC) – a highly controversial right. It is mainly discussed in the context of large-scale business projects on Indigenous territories but also with respect to the creation of protected areas and communities’ traditional resource rights. From a legal anthropological perspective, it attempts to disentangle the various coexisting understandings of FPIC and provide an explanation for the multiplicity of FPIC norms or – to put it in other words – its fragmentation. It examines the right- or stakeholders of FPIC, the scope of the consent requirement, the respect for self-determined decision-making, and the right to FPIC of women in different sociolegal fields. Moreover, it explores the impact of power relations, strategic alliances, and discourses within these fields and shows that the emerging FPIC norms are the result of norm negotiation processes. The fields that are examined include transnational law – more specifically, human rights, environmental, and development law -, the Liberian post-conflict forest and land legislation, and Liberian community forests as fields in which FPIC is operationalized. Liberia is quite unique in this respect. It is not only one of the few countries in Africa recognizing FPIC but has also begun implementing it. The book shows that based on the logic of a sociolegal field, legal identities are discursively created and determine the meaning of FPIC. Moreover, different actors can resort to different legalities shaping the emerging FPIC norm.
Book Synopsis Comparative Methods in Law, Humanities and Social Sciences by : Adams, Maurice
Download or read book Comparative Methods in Law, Humanities and Social Sciences written by Adams, Maurice and published by Edward Elgar Publishing. This book was released on 2021-11-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.
Book Synopsis The Oxford Handbook of Law and Anthropology by : Marie-Claire Foblets
Download or read book The Oxford Handbook of Law and Anthropology written by Marie-Claire Foblets and published by Oxford University Press. This book was released on 2022-04-01 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
Book Synopsis The Sentimental Court by : Jonas Bens
Download or read book The Sentimental Court written by Jonas Bens and published by Cambridge University Press. This book was released on 2022-05-19 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern law seems to be designed to keep emotions at bay. The Sentimental Court argues the exact opposite: that the law is not designed to cast out affective dynamics, but to create them. Drawing on extensive ethnographic fieldwork - both during the trial of former Lord's Resistance Army commander Dominic Ongwen at the International Criminal Court's headquarters in The Netherlands and in rural northern Uganda at the scenes of violence - this book is an in-depth investigation of the affective life of legalized transitional justice interventions in Africa. Jonas Bens argues that the law purposefully creates, mobilizes, shapes, and transforms atmospheres and sentiments, and further discusses how we should think about the future of law and justice in our colonial present by focusing on the politics of atmosphere and sentiment in which they are entangled.
Book Synopsis Real Governance and Practical Norms in Sub-Saharan Africa by : Tom De Herdt
Download or read book Real Governance and Practical Norms in Sub-Saharan Africa written by Tom De Herdt and published by Routledge. This book was released on 2015-05-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although international development discourse considers the state as a crucial development actor, there remains a significant discrepancy between the official norms of the state and public services and the actual practices of political elites and civil servants. This text interrogates the variety of ways in which state policies and legal norms have been translated into the set of practical norms which make up real governance in sub-Saharan Africa. It argues that the concept of practical norms is an appropriate tool for an ethnographic investigation of public bureaucracies, interactions between civil servants and users, and the daily functioning of the state in Africa. It demonstrates that practical norms are usually different from official norms, complementing, bypassing and even contradicting them. In addition, it explores the positive and negative effects of different aspects of this ‘real governance’. This text will be of key interest to academics, students and researchers in the fields of development, political science, anthropology and development studies, African studies, international comparative studies, implementation studies, and public policy.
Book Synopsis States at Work by : Thomas Bierschenk
Download or read book States at Work written by Thomas Bierschenk and published by BRILL. This book was released on 2014-01-30 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: States at Work explores the mundane practices of state-making in Africa by focussing on the daily functioning of public services and the practices of civil servants.
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 Transcending Member States by : Babatunde Fagbayibo
Download or read book Transcending Member States written by Babatunde Fagbayibo and published by Springer Nature. This book was released on 2022-09-14 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores innovative and context-driven political and legal policy measures designed to expand the powers of the African Union (AU) in order to meaningfully drive the continental integration process. In this regard, the book addresses issues of context, political will, and innovative and inclusive approaches as essential elements that must be considered. Africa is currently experiencing one of the most critical phases of its integrative development. Since 2015, there have been increasing efforts to develop policies and practices that grant the AU broader powers to coordinate and create binding rules regarding the regional integration process. In other words, these processes seek to endow the AU with supranational powers like those exercised by the European Union, which, despite its internal problems, remains the most successful experiment in supranationalism in the world. This has included the decision to finance the AU through a 0.2% tax on eligible imports into member states; the decision to reduce the number of AU Commission portfolios from eight to six; the adoption and entry into force of the much touted Agreement establishing the African Continental Free Trade Area; the adoption of the Protocol to the Treaty Establishing the African Economic Community Relating to Free Movement of Persons, Right to Residence and Right of Establishment; and the adoption of the AU Agenda 2063 policy framework in 2015. How these processes will change the direction of regional integration in Africa, the book argues, largely depends on the existence of quality-driven institutions.
Book Synopsis Rule of Law Dynamics by : Michael Zurn
Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Book Synopsis Entangled Legalities Beyond the State by : Nico Krisch
Download or read book Entangled Legalities Beyond the State written by Nico Krisch and published by Cambridge University Press. This book was released on 2021-11-11 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.
Book Synopsis Exploring African approaches to international law: Essays in honour of Kéba Mbaye by : Frans Viljoen
Download or read book Exploring African approaches to international law: Essays in honour of Kéba Mbaye written by Frans Viljoen and published by Pretoria University Law Press. This book was released on 2022-10-04 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is unfortunate that the idea that Africa contributes to international law, and has always done so, remains (in 2022) largely a side note, an auxiliary approach, rather than something widely accepted and deeply entrenched. It is cause for pause that this is also true in Africa itself. Exploring African approaches to international law: Essays in honour of Kéba Mbaye is a volume of essays that aims to contribute to a larger effort of imagining what possible approaches to international law Africa has adopted in the decades since the 1960s. It also recognises the legacy of the great Senegalese jurist Kéba Mbaye. Edited by Frans Viljoen, Humphrey Sipalla and Foluso Adegalu, the volume is divided into five broad thematic parts, and comprises eleven chapters. It covers the following themes: ‘Kéba Mbaye in African approaches to international law’, ‘international legal theory’, ‘international human rights law’, ‘international environmental and criminal law’ and ‘teaching of international law’. This publication finds its origins in the 2017 Roundtable on African approaches to international law, held at the Centre for Human Rights, University of Pretoria. The explorations at the Roundtable on the concept of an ‘African approach’ to international law were taken further at the Kéba Mbaye Conference on African approaches to international law, held at the Senate Hall, University of Pretoria, in December 2018. This conference brought together around 80 students, academics, and members of civil society to address the many questions left unanswered by the death of Judge Mbaye, arguably Africa’s greatest international law jurist of his generation. It provided a forum to continue discussions on ‘African approaches to international (human rights) law’, building on but rethinking and ‘vernacularising’ the Third World Approaches to International Law (TWAIL) approach. The contributions to this publication flow from papers presented at the conference. However, the reflections in the book extend beyond Kéba Mbaye as central figure. The result is a broad treatment of various aspects of African approaches to international law by thirteen authors (and co-authors), covering a wide range of generational, geographic and thematic backgrounds and perspectives.
Book Synopsis Reimagining Legal Pluralism in Africa by :
Download or read book Reimagining Legal Pluralism in Africa written by and published by BRILL. This book was released on 2024-06-06 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.
Book Synopsis The Dynamics of International Law by : Paul F. Diehl
Download or read book The Dynamics of International Law written by Paul F. Diehl and published by Cambridge University Press. This book was released on 2010-01-14 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new framework for analysing international law and presents a theory of international legal change.
Download or read book Lion's Share written by Veit Erlmann and published by Duke University Press. This book was released on 2022-10-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the aftermath of apartheid, South Africa undertook an ambitious revision of its intellectual property system. In Lion’s Share Veit Erlmann traces the role of copyright law in this process and its impact on the South African music industry. Although the South African government tied the reform to its postapartheid agenda of redistributive justice and a turn to a postindustrial knowledge economy, Erlmann shows how the persistence of structural racism and Euro-modernist conceptions of copyright threaten the viability of the reform project. In case studies ranging from antipiracy police raids and the crafting of legislation to protect indigenous expressive practices to the landmark lawsuit against Disney for its appropriation of Solomon Linda’s song "Mbube" for its hit “The Lion Sleeps Tonight” from The Lion King, Erlmann follows the intricacies of musical copyright through the criminal justice system, parliamentary committees, and the offices of a music licensing and royalty organization. Throughout, he demonstrates how copyright law is inextricably entwined with race, popular music, postcolonial governance, indigenous rights, and the struggle to create a more equitable society.
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 Goud kase goud: Conjuring Memory in Spaces of the AfroAtlantic by : D˜w˜ti DŽsir
Download or read book Goud kase goud: Conjuring Memory in Spaces of the AfroAtlantic written by D˜w˜ti DŽsir and published by Lulu.com. This book was released on 2014-06-16 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Goud kase goud: Conjuring Memory in Spaces of the AfroAtlantic is a visual essay with over 70 photographs of memorials, monuments and places of memory related to the Transatlantic Slave Trade. Part travel journal and part historical log, Dòwòti Désir's color images and provocative writing take readers to the haunted places they dare not go but have to, if our societies are to repair themselves. This multi-disciplinary work is needed by all students of history. Including the histories of art, architecture, urban design, human rights, human geography, and Africana Studies.
