Theoretical issues: introduction-- restraints of the present discourse-- opposing dichotomies-- the scope of this study-- conclusion-- brief note on material. Evolution of the African Charter and status of ratification: introduction-- contents of the African Charter-- the role of the African Commission-- functions of the African Commission-- an African court on human and people's rights. The notion of the state: introduction-- relevance of notion of the state-- the differences between traditional and Western structures-- the African state as a mixture of pre-colonial and Western structures-- impact of the notion of the state on the relationship between state and individual-- conclusion. The issue of personality: preliminary considerations-- the state-- the individual in the African system-- the role of non-governmental organisations in the African system-- peoples in the African system-- the international community-- conclusion to the issue of personality. The dichotomy of laws applicable in times of war and peace: introduction to the approach of the African Commission-- the Lacuna in internal conflicts-- the utility of a closer integration of humanitarian and human rights laws-- the respective protection offered by humanitarian and human rights laws-- enforcement dependant on the will of states or community action-- enforcement of the two sets of laws-- reservations-- the maintenance of an international order-- conclusion. The amicable/judicial dichotomy: introduction-- settlement of disputes in other international bodies-- the features of amicable and judicial approaches-- effectiveness-- the relationship between amicable and judicial - opposing dichotomies. Conclusion. Appendices.
(source: Nielsen Book Data)
Fourteen years since its establishment, the work of the African Commission on Human and Peoples' Rights has not received the attention that should have been paid to its important contributions towards the promotion and protection of human rights in Africa. The aim of this publication is to provide not only the basic documents, but also the less well known material related to the jurisprudence emanating from the consideration of communications. This volume therefore includes, amongst other material, the twelve activity reports adopted by the Commission, resolutions, and final communiques from the sessions. This is the first attempt to reproduce comprehensively the many documents of the Commission adopted since its inception in 1987. It will be an essential reference for academics, students, and practitioners. The publication is produced in collaboration with the African Society for International and Comparative Law, the Centre for Human Rights at the University of Pretoria and Interights in London. (source: Nielsen Book Data)