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Book
xvi, 165 pages : illustrations ; 24 cm.
  • Introduction : challenging gender universalism and unveiling the silenced narratives of the African woman judge / Josephine Jarpa Dawuni
  • Women judges in international courts and tribunals : the quest for equal opportunities: extraordinary chambers in the courts of Cambodia / Florence Ndepele Mwachande Mumba
  • Julia Sebutinde : an unbreakable cloth / Nienke Grossman
  • Akua Kuenyehia : leaving a mark along the journey for human rights / Josephine Jarpa Dawuni
  • Fatoumata Dembélé Diarra : trajectory of a Malian magistrate and civil society advocate to the International Criminal Court / Sara Dezalay
  • Sophia Akuffo : balancing the equities / Kuukuwa Andam and Sena Dei-Tutu
  • Justina Kelello Mafoso-Guni : the gendering of judicial appointment processes in African courts / Rachel Ellett
  • Elsie Nwanwuri Thompson : the trajectory of a noble passion / Rebecca Emiene Badejogbin
  • Conclusion: international courts and the African woman judge : unlocking doors, leaving a legacy / Josephine Jarpa Dawuni and Akua Kuenyehia.
Law Library (Crown)
Book
xvii, 191 pages ; 25 cm.
  • 1. Introduction 2: The Public Interest Role of Investment Regulation 3. The Rule of Law and Depoliticisation of Investment Disputes 4. Alternatives to Investor-State Dispute Settlement 5. Promoting Development and Human Rights Through Investment Treaties 6. Domestic Investment Regulation and the Influence of Regional Investment Agreements 7. Conclusion and Recommendations.
  • (source: Nielsen Book Data)9781138240629 20171030
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.
(source: Nielsen Book Data)9781138240629 20171030
Green Library
Book
xvii, 191 pages ; 25 cm.
  • Introduction
  • The public interest role of investment regulation
  • The rule of law and depoliticisation of investment disputes
  • Developing alternatives to investor-state dispute settlement
  • Promoting development and human rights through investment treaties
  • Domestic investment regulation and the influence of regional investment agreements
  • Conclusion and recommendations.
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.
(source: Nielsen Book Data)9781138240629 20180213
Law Library (Crown)
Book
xiv, 369 pages ; 24 cm
  • Preface Foreword 1. Judicial Independence, Its Origins and Its Operational Dynamics (Wahab O. Egbewole) 2. Conceptualizing an Independent Judiciary in Nigeria (Bashir Omipidan and Wahab O. Egbewole) 3. The Paradigm of Judicial Independence in Nigeria: A Comparative Exposition of Judicial Appointment in the Highest Court (Ibrahim Imam) 4. An Assessment of Judicial Independence, Responsibility and Integrity in Nigeria (Muhtar A. Etudaiye, Mohammed E. Etudaiye and Abdulazeez H. Okene) 5. Independence of Judiciary: Islamic Jurisprudence and International Law Perspectives Wahab O. Egbewole, Ibrahim Imam and Hanafi A. Hammed 6. Limits of the Legislature and Independent Judiciary (Alhaji Adebayo Oba Adelodun SAN) 7. Judicial Independence and the Legislature: A Legislative Drafting Analysis (Tonye Clinton Jaja) 8. Judicial Independence and the Executive Branch in Nigeria (Ajepe Taiwo Shehu) 9. African Commission on Human and Peoples' Rights (ACHPR) and Judicial Independence in Africa: Towards an Independent Nigerian Judiciary (Onuora-Oguno Azubike, O.I. Niyi-Gafar and E.F. Owolabi) 10. Independent Judiciary and the Prosecution of Human Rights Cases in Nigeria (Elijah Adewale Taiwo) 11. Independent Judiciary: Lessons from South Africa (Serges Djoyou Kamga and Gerard Kamdem Kamga) 12. The Supreme Court of Ghana, Judicial Independence and Constitutional Litigation - Observations and Recommendations (Philip Ebow Bondzi-Simpson) 13. Conflicting Legislations on The Independence of Juvenile/Family Court in Nigeria: Juvenile Cybercrimes Examined (Mariam A. Abdulraheem-Mustapha) 14. Selected Roles of Justice Aloma Mariam Mukhtar (Gcon) in Upholding Judicial Independence in Nigeria {Nimah Modupe Abdulraheem) 15. Investigative Journalism as a Social Practice, its Legal Constraints and Effects on Independent Judiciary in Nigeria (Adesina Lukuman Azeez and Lukman A. Ayinla) 16. Independence of the Judiciary in Climate Change and Environmental Protection Matters (Ehusani A. Jonathan) 17. The Nigerian Judiciary: Pertinent Need for Reforms and the Agitation for its Independence (Joshua Olukayode Olatoke SAN and Olumuyiwa Oladele).
  • (source: Nielsen Book Data)9780854902378 20180213
At the theoretical level, most constitutions in Africa normally provide for the concept of separation of powers with each arm of government assigned defined roles and functions. At the operational level, the Judiciary is regarded as the junior partner with the `restrictions' on funding in terms of spending as it is usually the prerogative of the Executive branch of government to allocate funds to the Judiciary. To what extent is the check and or control of funding affect the operations of the courts? Can in exercise of the doctrine of separation of powers be expanded with regards to the appointment, discipline and removal of judicial officers? What should be the relationship between the two other arms of government and the Judiciary with regards to control of cases to be determined by the courts. All these issues find a way of determining how effective the Judiciary can be in any governmental arrangement and structure. It is particularly challenging in Africa where democracy in practice is still at the embryonic stage especially with regards to the political office holders. The African Union has in place the African Charter on Human and Peoples' Rights with a provision for an African Commission to determine disputes. How effective is this Commission and how independent is it? This book, Judicial Independence in Africa set out to interrogate some of these issues and was put together by scholars of varied and diverse experience in and outside university environment tracing the evolution of the Judiciary as an arm of government, its relationship with other arms of government and the media, the operations of the institution in relation to issues of human rights, gender and juvenile justice.
(source: Nielsen Book Data)9780854902378 20180213
SAL3 (off-campus storage)
Book
xii, 351 pages ; 25 cm
  • Contents: Preface 1. General introduction: issues in Africa's efforts to protect the rights of minority groups 2. The historical foundations of the problem 3. The critical domains in the post-independence period 4. Confronting poverty and underdevelopment in Africa today 5. Why process is important in constitutional design 6. Process-driven constitutional design, legitimacy and minority rights: constituent assemblies 7. Process-driven constitutional design, legitimacy and minority rights: the constitution-making process 8. The importance of legitimacy for compliance and constitutional maintenance in Africa 9. Enhancing the protection of minority rights in Africa: lessons from US constitutional practice 10. Thinking of political democracy 11. Comparative constitutional law and the management of ethnocultural diversity 12. Enhancing the protection of minority rights in Africa: consociational democracy 13. Polyarchy, participation and minority rights in Africa 14. Governance and group-differentiated citizenship in the African countries 15. Constitutional design, constitutionalism and the protection of minority rights in Africa: the way forward Index.
  • (source: Nielsen Book Data)9781786438607 20180319
In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens - including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa's struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities. From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.
(source: Nielsen Book Data)9781786438607 20180319
Green Library
Book
xii, 351 pages ; 25 cm
  • Preface
  • General introduction : issues in Africa's efforts to protect the rights of minority groups
  • The historical foundations of the problem
  • The critical domains in the post-independence period
  • Confronting poverty and underdevelopment in Africa today
  • Why process is important in constitutional design
  • Process-driven constitutional design, legitimacy and minority rights : constituent assemblies
  • Process-driven constitutional design, legitimacy and minority rights : the constitution-making process
  • The importance of legitimacy for compliance and constitutional maintenance in Africa
  • Enhancing the protection of minority rights in Africa : lessons from US constitutional practice
  • Thinking of political democracy
  • Comparative constitutional law and the management of ethnocultural diversity
  • Enhancing the protection of minority rights in Africa : consociational democracy
  • Polyarchy, participation and minority rights in Africa
  • Governance and group-differentiated citizenship in the African countries
  • Constitutional design, constitutionalism and the protection of minority rights in Africa : the way forward.
In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens - including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa's struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities. From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.
(source: Nielsen Book Data)9781786438607 20180319
Law Library (Crown)
Book
xv, 317 pages ; 25 cm.
  • Introduction PART I: Conceptualizing public participation in constitution making processes Chapter 1. Participation - to unveil a myth Abrak Saati Chapter 2. Letting the Constituent Power decide? Merits and challenges of referenda in constitution making processes in Africa Markus Boeckenfoerde PART II: Participation in constitution making processes Chapter 3. The Flawed Public Participation in the Egyptian Constitutional Process Mohamed Abdelaal Chapter 4. The 2011 Constitution-making Process in Morocco: A Limited and Controlled Public Participation Francesco Biagi Chapter 5. Participation in the Tunisian constitution-making process Nedra Cherif Chapter 6. The Role of Participation in the Two Kenyan Constitution Building Processes of 2000-5 and 2010: Lessons Learnt? Rose W. Macharia and Yash Ghai Chapter 7. The Francophone Paradox: Participation in Senegal and in Central African Republic Leopoldine Croce Chapter 8. People and Constitutions: The Case of Zambia Boniface Cheembe Chapter 9. Public Participation Under Authoritarian Rule: The case of Zimbabwe Douglas Togaraseyi Mwonzora Chapter 10. The Role of Civil Society in the Libyan Constitution-making Process Omar Hammady Chapter 11. Public Participation and Elite Capture: A yet Incomplete Struggle Towards a New Constitution in Tanzania Philipp Michaelis Chapter 12. Mission Impossible? Opportunities and Limitations of Public Participation in Constitution-Making in a Failed State - The Case of Somalia Jan Amilcar Schmidt Chapter 13. The process of drafting a citizen driven constitution in South Sudan: which role for the public? Katrin Seidel PART III: Participation in context: does it make a difference? Chapter 14. Wanjiku's Constitution: Women's participation and their impact in Kenya's constitution building processes Jill Cottrell Chapter 15. Societal Engagement, Democratic Transition, and Constitutional Implementation in Malawi Matteo Nicolini, Martina Trettel Chapter 16. Public Participation and the Death Penalty in South Africa's Constitution-Making Process Heinz Klug Chapter 17. A Success Story of Participation? LGBTI rights in South Africa Veronica Federico Chapter 18. The Cross-Cutting Issue of Religion in the Tunisian Participatory Constitution-Making Process Tania Abbiate Chapter 19. Does participation help to foster constitutionalism in Africa? H. Kwasi Prempeh.
  • (source: Nielsen Book Data)9781138745872 20180213
During the last decade of the 20th century, Africa has been marked by a "constitutional wind" which has blown across the continent giving impetus to constitutional reforms designed to introduce constitutionalism and good governance. One of the main features of these processes has been the promotion of public participation, encouraged by both civil society and the international community. This book aims to provide a systematic overview of participation forms and mechanisms across Africa, and a critical understanding of the impact of public participation in constitution-making processes, digging beneath the rhetoric of public participation as being at the heart of any successful transition towards democracy and constitutionalism. Using case studies from Central African Republic, Egypt, Kenya, Libya, Malawi, Morocco, Senegal, Somalia, South Africa, South Sudan, Tanzania, Tunisia, Zambia and Zimbabwe, the book investigates various aspects of participatory constitution making: from conception, to processes, and specific contents that trigger ambivalent dynamics in such processes. The abstract glorification of public participation is questioned as theoretical and empirical perspectives are used to explain what public participation does in concrete terms and to identify what lessons might be drawn from those experiences. This is a valuable resource for academics, researchers and students with an interest in politics and constitution building in Africa, as well as experts working in national offices, international organizations or in national and international NGOs.
(source: Nielsen Book Data)9781138745872 20180213
Green Library
Book
viii, 184 pages ; 25 cm.
Law Library (Crown)
Book
xi, 232 pages : maps ; 25 cm.
  • Chapter 1: Processing the paradox: when the state has to deal with customary law - Olaf Zenker & Markus Virgil Hoehne Chapter 2: Bush-level bureaucrats in South African land restitution: implementing state law under chiefly rule - Olaf Zenker Chapter 3: State police and tradition in post-war Mozambique: the dilemmas of claiming sovereignty in legal pluralistic contexts - Helene Maria Kyed Chapter 4: Mixing oil and water? Colonial state justice and the challenge of witchcraft accusations in central Equatoria, southern Sudan - Cherry Leonardi Chapter 5: When the state is forced to deal with local law: approaches of and challenges for state actors in emerging South Sudan - Katrin Seidel Chapter 6: Co-opted, abolished, democratized: The Guinean state's strategies towards elders - Anita Schroven Chapter 7: State-orchestrated access to land dispute settlement in Africa: land conflicts and new-wave land reform in Tanzania - Rasmus H. Pedersen Chapter 8: One country, two systems: hybrid political orders (HPOs) and legal and political friction in Somaliland - Markus Virgil Hoehne Chapter 9: The complexity of legal pluralist settings: an afterword - Janine Ubink.
  • (source: Nielsen Book Data)9781409468639 20180326
Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom - even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state - in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea's long duree of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.
(source: Nielsen Book Data)9781409468639 20180326
Green Library
Book
xi, 232 pages : maps ; 25 cm.
  • Processing the paradox : when the state has to deal with customary law / Olaf Zenker & Markus Virgil Hoehne
  • Bush-level bureaucrats in South African land restitution : implementing state law under chiefly rule / Olaf Zenker
  • State police and tradition in post-war Mozambique : the dilemmas of claiming sovereignty in legal pluralistic contexts / Helene Maria Kyed
  • Mixing oil and water? : colonial state justice and the challenge of witchcraft accusations in central Equatoria, Southern Sudan / Cherry Leonardi
  • When the state is forced to deal with local law : approaches of and challenges for state actors in emerging south sudan / Katrin Seidel
  • Co-opted, abolished, democratized : the Guinean state's strategies towards elders / Anita Schroven
  • State-orchestrated access to land dispute settlement in Africa : land conflicts and new-wave land reform in Tanzania / Rasmus H. Pedersen
  • One country, two systems : hybrid political orders and legal and political friction in Somaliland / Markus Virgil Hoehne
  • The complexity of legal pluralist settings : an afterword / Janine Ubink.
Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom - even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state - in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea's long duree of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.
(source: Nielsen Book Data)9781409468639 20180326
Law Library (Crown)
Book
xii, 347 pages ; 25 cm.
  • Creating an African Criminal Court / Gerhard Werle and Moritz Vormbaum
  • Historical and political background to the Malabo protocol / Ademola Abass
  • Genocide (article 2B), crimes against humanity (article 28C), war crimes (article 28D) and the crime of agression (article 28M) / Kai Ambos
  • The crime of unconstitutional change of government (article 28E) / Gerhard Kemp and Selemani Kinyunyu
  • Piracy (article 28F), terrorism (article 28G) and mercenarism (aricle 28H) / Florian Jeßberger
  • Corruption (article 28I) and money laundering (article 28Ibis) / Lovell D. Fernandez
  • Trafficking in persons (article 28J) and trafficking in drugs (article 28K) / Fatuma Mninde-Silungwe
  • Trafficking in hazardous wastes (article 28L) and illicit exploitation of natural resources (article 28Lbis) / Martin Heger
  • Modes of responsibility (article 28N), individual criminal responsibility (article 46B) and corporate criminal liability (article 46C) / Chantel Meloni
  • Preconditions to the exercise of jurisdiction (article 46Ebis), exercise of jurisdiction (article 46F) and the prosecutor (article 46G) / Volker Nerlich
  • Complementary jurisdiction (article 46H) / Harmen van der Wilt
  • Immunities (article 46Abis) / Dire Tladi.
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-Universitat 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 Munster (Germany) and his postdoctoral degree from Humboldt-Universitat zu Berlin. He is a Senior Researcher at Humboldt-Universitat, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
(source: Nielsen Book Data)9789462651494 20170403
Law Library (Crown)
Book
xiii, 303 pages : illustrations ; 25 cm
  • Acknowledgements List of tables, figures and boxes Acronyms and abbreviations Introduction The development of competition and regulation in southern Africa - Jonathan Klaaren, Simon Roberts and Imraan Valodia Cartel Law Enforcement Chapter 1 Penalties and settlements for South African cartels: An economic review - Tapera Muzata, Simon Roberts and Thando Vilakazi Chapter 2 Cartel likelihood, duration and deterrence in South Africa - Ratshidaho Maphwanya Chapter 3 Cartel enforcement in the southern African neighbourhood - Thula Kaira Issues in Competition and Regulation Chapter 4 Excessive pricing under the spotlight: What is a competitive price? - Reena das Nair and Pamela Mondliwa Chapter 5 Competition and regulation interface in energy, telecommunications and transport in South Africa - Reena das Nair and Simon Roberts Competition and Regulation in Reshaping African Markets Chapter 6 How multinational investments in grain trading are reshaping Zambia's market - Nicholas J. Sitko and Brian Chisanga Chapter 7 Competition and incumbency in South Africa's liquid fuel value chain - Anthea Paelo, Genna Robb and Thando Vilakazi Chapter 8 South Africa's renewable energy experience: Inclusive growth lessons - Gaylor Montmasson-Clair and Reena das Nair Chapter 9 Competition and regulation in Zimbabwe's emerging mobile payments markets - Genna Robb, Isaac Tausha and Thando Vilakazi Chapter 10 Evaluating the competitiveness of Zimbabwe's poultry industry - Tatenda Zengeni Conclusion Chapter 11 Competition, regional integration and inclusive growth in Africa: A research agenda - Simon Roberts, Thando Vilakazi and Witness Simbanegavi Contributor biographies Index.
  • (source: Nielsen Book Data)9781776140909 20180326
Shaping markets through competition and economic regulation is at the heart of addressing the development challenges facing countries in southern Africa. The contributors to Competition Law and Economic Regulation: Addressing Market Power in southern Africa critically assess the efficacy of the competition and economic regulation frameworks, including the impact of a number of the regional competition authorities in a range of sectors throughout southern Africa. Featuring academics as well as practitioners in the field, the book addresses issues common to southern African countries, where markets are small and concentrated, with particularly high barriers to entry, and where the resources to enforce legislation against anti-competitive conduct are limited. What is needed, the contributors argue, is an understanding of competition and regional integration as part of an inclusive growth agenda for Africa. By examining competition and regulation in a single framework, and viewing this within the southern African experience, this volume adds new perspectives to the global competition literature. It is an essential reference tool and will be of great interest to policymakers and regulators, as well as the rapidly growing ecosystem of legal practitioners and economists engaged in the field.
(source: Nielsen Book Data)9781776140909 20180326
SAL3 (off-campus storage)
Book
xxiv, 378 pages ; 26 cm.
  • Introduction / Charles M. Fombad
  • An overview of contemporary models of constitutional review in Africa / Charles M. Fombad
  • Centralized model of constitutional adjudication : the Constitutional Court of Benin / Sègonna Horace Adjolohoun
  • The Cameroonian Constitutional Council : faithful servant of an unaccountable system / Charles M. Fombad
  • The Constitutional Court of Angola : judicial restraint in a dominant party state / André Thomashausen
  • The Supreme Court of Ghana under the 1992 Constitution : nature of jurisdiction as the apex court and contribution to the promotion of constitutionalism / Kofi Quashigah
  • Constitutional adjudication in Nigeria : formal structures and substantive impact / Ameze Guobadia
  • Constitutional review in South Africa : features, changes, and controversies / James Fowkes
  • Unique but ineffective : assessing the constitutional adjudication system in Ethiopia / Adem K. Abebe
  • The effects of international law norms on constitutional adjudication in Africa / Magnus Killander
  • The impact of regional and sub-regional courts and tribunals on constitutional adjudication in Africa / Bonolo Ramadi Dinokopila
  • "Made in courts" democracies? : constitutional adjudication and politics in African constitutionalism / Sègonna Horace Adjolohoun
  • Exploring the contribution of ubuntu in constitutional adjudication : towards the idigenization of constitutionalism in South Africa? / Christa Rautenbach
  • Handling of petitions by the Constitutional Court of Benin / Theodore Holo
  • The birth of the South African Constitutional Court / Richard J. Goldstone
  • Decision-making and working practices of the Supreme Court of Ghana / Samuel Kofi Date-Bah
  • Constitutional adjudication and constitutional justice in Africa's uncertain transition : mapping the way forward / Charles M. Fombad.
Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction, reconstruction, and maintenance. These developments appear, at least from the texts of the revised or new constitutions, to have resulted in fundamental changes in the nature and role of courts exercising jurisdiction in constitutional matters. The chapters in this second volume of the Stellenbosch Handbooks in African Constitutional Law series are the first to undertake a critical and comparative examination of the interplay of the diverse forms of constitutional review models on the continent. Comparative analysis is particularly important given the fact that over the last two decades, constitutional courts in Africa have been asked to decide a litany of hotly-contested and often sensitive disputes of a social, political, and economic nature. As the list of areas in which these courts have intervened has grown, so too have their powers, actual or potential. By identifying and examining the different models of constitutional review adopted, these chapters consider the extent to which these courts are contributing to enhancing constitutionalism and respect for the rule of law on the continent. The chapters show how the long-standing negative image of African courts is slowly changing. The courts have in responded in different ways to the variety of constraints, incentives, and opportunities that have been provided by the constitutional reforms of the last two decades to act as the bulwark against authoritarianism, and this provides a rich field for analysis, filling an important gap in the literature of contemporary comparative constitutional adjudication.
(source: Nielsen Book Data)9780198810216 20171121
Law Library (Crown)
Book
xvi, 253 pages ; 24 cm
  • Preface
  • Introduction
  • The African political matrix as a challenge to multiparty democracy
  • Transforming the African political matrix : in search of constitutional solutions
  • Abuse of incumbency in Africa : case studies
  • Minimizing abuse of incumbency : contextualizing constitutionalism
  • Ethnic diversity and constitutionalism in Africa : case studies
  • Shades of accomodation and integration : approaches towards ethnic diversity in Africa
  • Contextualizing constitutionalism and constitutions 4.0
  • Conclusion.
There are certain structural factors in the demographic composition, political economy, and history of many African countries, which can establish a hostile political matrix to multi-party democracy. From this matrix emanates the prevalence of antagonistic relations and competition among ethnic groups, as well as the problem of abuse of incumbency. The main argument advanced in this book is that there is a need for contextualizing constitutionalism in order to respond to these problems and to optimize the chances of prosperous, enduring democracies in Africa. Contextualization of constitutionalism is the process through which the generic concept of constitutionalism can be adapted, expanded, and effectively deployed to meet the specific criteria and needs of countries with different political environments from the regions where its concept was founded. This book applies a comparative case study of Ethiopia, Ghana, Nigeria, and Kenya to demonstrate how such contextualization might work. [Subject: Constitutional Law, Politics, African Law, International Law].
(source: Nielsen Book Data)9789462367715 20180319
Law Library (Crown)
Book
xiv, 539 pages ; 25 cm
  • The road to East African integration / Wanyama Masinde and Christopher Otieno Omolo
  • The road to European integration / Armin Cuyvers
  • The institutional framework of the EAC / Wilbert T.K. Kaahwa
  • The institutional framework of the EU / Armin Cuyvers
  • The legal framework of the EAC / Elvis Mbembe Binda
  • The legal framework of the EU / Armin Cuyvers
  • The scope, nature and effect of EAC law / John Eudes Ruhangisa
  • The scope, nature and effect of EU law / Armin Cuyvers
  • External relations and the EAC / Leonard Obura Aloo
  • External relations and the EU / Armin Cuyvers
  • General principles governing EAC integration / Khoti Chilomba Kamanga and Ally Possi
  • General principles of EU law / Armin Cuyvers
  • Judicial protection under EAC law : direct actions / John Eudes Ruhangisa
  • Judicial protection under EU law : direct actions / Armin Cuyvers
  • Preliminary references under EAC law / Emmanuel Ugirashebuja
  • Preliminary references under EU law / Armin Cuyvers
  • The EAC common market / Kennedy Gastorn and Wanyama Masinde
  • The EU common market / Armin Cuyvers
  • Free movement of goods in the EAC / Leonard Obura Aloo
  • Free movement of goods in the EU / Armin Cuyvers
  • Free movement of workers in the EAC / Caroline Kago and Wanyama Masine
  • Free movement of persons in the EU / Armin Cuyvers
  • Freedom of establishment and the freedom to provide services in the EAC / Kennedy Gastorn
  • Freedom of establishment and the freedom to provide services in the EU / Armin Cuyvers
  • Free movement of capital and East African monetary union / Elvis Mbembe Binda
  • Free movement of capital and economic and monetary union in the EU / Armin Cuyvers
  • EAC competition law / Joyce Karanja-Ng'ang'a
  • EU competition law / Pieter van Cleynenbreugel
  • Judicial enforcement and implementation of EAC law / James Otiento-Odek
  • Harmonization in the EAC / Aleem Tharani.
East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
(source: Nielsen Book Data)9789004322066 20170502
Law Library (Crown)
Book
xii, 307 pages ; 24 cm.
  • Developments and gaps in international law concerning internal displacement
  • African regional norms, institutions and internal displacement
  • Preparatory work and legal source of the Kampala Convention
  • Scope, innovation and limitations
  • Implementation and its challenges.
As of the end of 2015, there were 40.8 civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement, the African Union Convention on the Protection of and Assistance to Internally Displaced Persons (the Kampala Convention), entered into force on 6 December 2012. As of January 2016, 25 states have ratified the instrument while 40 states have become signatories. This book significantly contributes to the study, policy making and practice on managing internal displacement by presenting the first major systematic examination of the evolution, elements and implementation of the Kampala Convention. It explores the responsibility of the state for the protection of IDPs particularly those who are most vulnerable during armed conflicts, internal strife, natural disasters, human rights violations and other circumstances. The status of ratification of the Convention is reviewed as well as the steps currently being undertaken by governments to implement the Convention. It also analyses the contribution by human rights mechanisms, inter-governmental bodies and UN peace-keeping missions in the implementation of the Convention. The book casts the Kampala Convention in broader institutional and normative developments in Africa and beyond. It demonstrates how concepts such as 'responsibility to protect' and 'sovereignty as responsibility' have begun to make inroads; influencing some of the more progressive instruments adopted by the African Union. It also sheds light on the relationship between the Convention and some regional instruments. In assessing the effectiveness of the Kampala Convention Allehone Abebe argues that the link between the Convention and initiatives on development, human rights and governance in Africa should be fully fostered.
(source: Nielsen Book Data)9781138669215 20170206
Law Library (Crown)
Book
xii, 307 pages ; 24 cm.
  • 1. Introduction 2. The protection of and assistance to IDPs under international law 3. The evolution and scope of regional norms and institutions on internal displacement in Africa 4. The Kampala Convention: Rationale, Preparatory Work and Legal Resource 5. Substantive Provisions of the Kampala Convention 6. Implementation and its challenges 7. Conclusion.
  • (source: Nielsen Book Data)9781138669215 20161213
As of the end of 2015, there were 40.8 civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement, the African Union Convention on the Protection of and Assistance to Internally Displaced Persons (the Kampala Convention), entered into force on 6 December 2012. As of January 2016, 25 states have ratified the instrument while 40 states have become signatories. This book significantly contributes to the study, policy making and practice on managing internal displacement by presenting the first major systematic examination of the evolution, elements and implementation of the Kampala Convention. It explores the responsibility of the state for the protection of IDPs particularly those who are most vulnerable during armed conflicts, internal strife, natural disasters, human rights violations and other circumstances. The status of ratification of the Convention is reviewed as well as the steps currently being undertaken by governments to implement the Convention. It also analyses the contribution by human rights mechanisms, inter-governmental bodies and UN peace-keeping missions in the implementation of the Convention. The book casts the Kampala Convention in broader institutional and normative developments in Africa and beyond. It demonstrates how concepts such as 'responsibility to protect' and 'sovereignty as responsibility' have begun to make inroads; influencing some of the more progressive instruments adopted by the African Union. It also sheds light on the relationship between the Convention and some regional instruments. In assessing the effectiveness of the Kampala Convention Allehone Abebe argues that the link between the Convention and initiatives on development, human rights and governance in Africa should be fully fostered.
(source: Nielsen Book Data)9781138669215 20161213
Green Library
Book
xv, 239 pages : illustrations ; 22 cm.
  • Chapter 1. Introduction.- Chapter 2. Theoretical Explanations for Firm-Led Governance.- Chapter 3. A History of Gold Mining in South Africa, Ghana and Tanzania.- Chapter 4. Private Governance in the Gold Mining Sector.- Chapter 5. Firms' Rationales: Public Reporting.- Chapter 6. The Discursive Power of Firms.- Chapter 7. Private Governance as a Solution to the Resource Curse.- Appendix A.- Appendix B.- Appendix C.
  • (source: Nielsen Book Data)9781137563538 20170123
This book takes a fresh approach to the puzzle of sub-Saharan Africa's resource curse. Moving beyond current scholarship's state-centric approach, it presents cutting-edge evidence gathered through interviews with mining company executives and industry representatives to demonstrate that firms are actively controlling the regulation of the gold mining sector. It shows how large mining firms with significant private authority in South Africa, Ghana and Tanzania are able to engender rules and regulations that are acknowledged by other actors, and in some cases even adopted by the state. In doing so, it establishes that firms are co-governing Africa's gold mining sector. By exploring the implications for resource-cursed states, this significant work argues that firm-led regulation can improve governance, but that many of these initiatives fail to address country/mine specific issues where there remains a role for the state in ensuring the benefits of mining flow to local communities. It will appeal to economists, political scientists, and policy-makers and practitioners working in the field of mining and extractives.
(source: Nielsen Book Data)9781137563538 20170123
Green Library
Book
ix, 201 pages : illustrations, maps ; 25 cm.
  • Introduction - Hanri Mostert, Leon Verstappen and Jaap Zevenbergen-- The Mandate and Challenges of achieving Communal Land Tenure Security in South Africa - Hanri Mostert and Jacques Jacobs-- Beyond Cattle and Communal Land: How the Maasai Accommodate Privatisation in Kenya - Winnie Wangari-- Wairimu and Paul Hebinck-- An Inconvenient Truth: Land Title in Social Context-A South African Perspective - Rosalie Kingwill-- Taking Stock of the Risks Associated with the Individualisation of Land Rights - Zoey S Chenitz and Amanda Richardson-- Customary Land Rights in the Context of Urbanisation and Development: Case Studies from Botswana, Namibia and Ghana - Emmanuel O Akrofi and Jennifer Whittal-- Evaluation of Land Administration Tools on Tenure Security Amongst the Poor in Peri-Urban Gaborone, Botswana - Paul CM van Asperen, Faustin T Kalabamu and Jaap Zevenbergen-- Registration of Communal Lands in Namibia: Critical Analysis of Practical Legal Intricacies - SK Amoo and C Mapaure.
  • (source: Nielsen Book Data)9781485120063 20180326
Land Law and Governance: African Perspectives on Land Tenure and Title explores different ways of conceptualising secure land holding in Africa. The book brings together voices from different contexts, offering contrasting perspectives and methodological approaches. Land Law and Governance: African Perspectives on Land Tenure and Title also juxtaposes a range of political and academic viewpoints through theoretical discussions and case studies. The book thus opens up the discourse on forms of security of tenure in Africa, in a global context.
(source: Nielsen Book Data)9781485120063 20180326
SAL3 (off-campus storage)
Book
219 pages ; 23 cm
  • Introduction
  • Origines et évolution du panafricanisme
  • Le panafricanisme et le jus publicum europaeum
  • Panafricanisme et émergence des états africains comme sujets de droit international
  • Évolution institutionnelle et normative du panafricanisme : de l'oua à l'ua
  • Panafricanisme et droit public africain : favoriser l'émergence de rè̀gles et principes novateurs
  • Droit public africain et droit international : élargissement du champ d'application des rè̀gles internationales
  • Observation finales.
"L'objectif de la présente étude est de décrire et analyser les rapports entre le panafricanisme et le droit international à travers les différentes étapes de l'évolution du mouvement panafricaniste. Le panafricanisme offre un point de vue privilégié permettant de rendre compte de l?évolution des rapports entre l'Afrique et le droit international. Le panafricanisme est passé d'un mouvement de la diaspora constitué d'individus et d'associations engagés dans le combat pour l'émancipation des peuples africains, à des regroupements d'Etats indépendants et d'organisations intergouvernementales."-- Provided by publisher.
Law Library (Crown)