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Book
xix, 239 pages ; 22 cm
  • Right to development and education : an introductory note
  • Theoretical framework and benefits of basic education
  • Obstacles affecting access to basic education
  • Beyond nomenclature : special education or inclusive education : advocating quality basic education
  • African perspective of education : a catalyst for the desired Africa of tomorrow?
  • Human right or human capital approach : walking the path to actualisation of access to basic education in Africa
  • Comparative analysis of jurisprudence governing basic education
  • The African human rights response to access to basic education
  • Repositioning institutions for realisation of the right to basic education
  • Conclusions and recommendations.
This book is about the right to basic education and its impact on development in Africa. It focuses on the elusive subject of litigating the right to education by examining jurisprudence from select African countries and India. The project further analyses the various challenges that impede access to education, with the attendant lack of political will to curb corruption, and calls for the building of strong institutions and the involvement of both state and non-state actors in driving development via education. It also covers the scope for legal practitioners and policy makers, and supports institutional framework in realizing the right to basic education.
(source: Nielsen Book Data)9783319903347 20180813
Law Library (Crown)
Book
xiv, 233 pages ; 22 cm
  • Introduction
  • The place of democracy and the rule of law in SADC
  • Rule-making/norm-setting institutions in SADC
  • Oversight institutions of SADC
  • Shared governance in international institutional law
  • Institutional design of regional economic communities : a comparative analysis
  • Applying shared governance in SADC
  • Conclusion.
This book analyses whether the design of the institutions of Southern African Development Community (SADC) reflects the community's treaty objectives and principles of democracy and the rule of law. The author provides a detailed analysis of the policy making and oversight institutions of SADC. Additionally, the project looks at institutional and legal frameworks of similar organisations (the East African Community, the Economic Community of West African States and the European Union) for comparative purposes. This work is written largely from a legal perspective, specifically international institutional law; however, it carries cross-disciplinary themes, including governance, and especially the subject of public policy making at the international level.
(source: Nielsen Book Data)9783319765105 20180924
Law Library (Crown)
Book
xvi, 165 pages : illustrations ; 24 cm.
  • Foreword / Gabrielle Kirk McDonald
  • 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 / 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.
A sequel to Bauer and Dawuni's pioneering study on gender and the judiciary in Africa (Routledge, 2016), International Courts and the African Woman Judge examines questions on gender diversity, representative benches, and international courts by focusing on women judges from the continent of Africa. Drawing from postcolonial feminism, feminist institutionalism, feminist legal theory, and legal narratives, this book provides fresh and detailed narratives of seven women judges that challenge existing discourse on gender diversity in international courts. It answers important questions about how the politics of judicial appointments, gender, geographic location, class, and professional capital combine to shape the lives of women judges who sit on international courts and argues the need to disaggregate gender diversity with a view to understanding intra-group differences. International Courts and the African Woman Judge will be of interest to a variety of audiences including governments, policy makers, civil society organizations, students of gender studies, and feminist activists interested in all questions of gender and judging.
(source: Nielsen Book Data)9781138215146 20180430
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
xv, 73 pages ; 24 cm.
  • Introduction
  • Audit of the frameworks for the regulation of legal guardianship of children under international law
  • Models on guardianship of children in Africa
  • Concluding analysis and recommendations.
This brief reference surveys the national policy of three representative African countries on the legal guardianship of children who are without parents or families. Focusing on the widely varying legal systems of Cote d'Ivoire, South Africa, and Uganda, the authors highlight guardianship as emblematic of the continent's shortcomings in child protection laws. The book's key objective is bridging the communal aspects of traditional African society with the global standards set forth by the Convention on the Rights of the Child and other international entities. To this end, the three frameworks discussed here are compared and their strengths and limitations evaluated as applied to child protection standards in terms of core guardianship issues: Holders of parental authority and responsibilities Appointment of a legal guardian Who qualifies as a legal guardian? Responsibilities of a legal guardian in relation to the child Termination of guardianships The primary audience for Perspectives on the Legal Guardianship of Children in Cote d'Ivoire, South Africa, and Uganda includes academics, researchers, and students in the fields of children's rights, human rights, legal guardianship, and international law. It will also prove a useful reference for NGOs that focus on children's rights, social workers and practitioners operating within the context of these three countries, professionals working within the African human rights system, and governmental law- and policymakers.
(source: Nielsen Book Data)9783319765587 20181008
Law Library (Crown)
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
xvii, 233 pages ; 24 cm.
Green Library
Book
xvii, 233 pages ; 24 cm.
Law Library (Crown)
Book
xxxv, 263 pages ; 24 cm
  • Introduction
  • The drafting of the 1969 Convention
  • The 1969 Convention
  • The relationship between the 1951 and 1969 Conventions
  • Regional human rights law
  • The Organization of African Unity and the African Union
  • The African Commission and human rights courts
  • Conclusion.
Law Library (Crown)
Book
viii, 184 pages ; 25 cm.
  • Introduction
  • Unpacking the right to development
  • The implementation of the right to development
  • The right to development in the African human rights architecture : its reception at the regional, sub-regional and national levels
  • The African Commission, the African Court on Human Rights and the realisation of the right to development
  • The African Union governance institutions and the right to development
  • The way forward for the realisation of the right to development in Africa.
The right to development (RTD) seeks to address global inequities hidden in world politics and global institutions through the game of influences played by powerful actors. The negative impacts of the Atlantic slave trade, colonialism, and the subjugation of Africa through globalisation and its institutions are key factors that have caused Africa and African people claiming their RTD. This book examines how the African continent protects the right to development, examining the nature of the RTD and controversies surrounding it and how it is implemented. The book then goes onto explore the RTD at the regional level including through the jurisprudence of the African Commission and the African Court on Human Rights, at the sub-regional level including in sub-regional courts and tribunals, at the national levels through case studies and through the African Union governance institutions. Through this examination, the author unveils what are the prospects and challenges to the realisation of the RTD in Africa.
(source: Nielsen Book Data)9780815350408 20180828
Law Library (Crown)
Book
vi, 98 pages : illustrations (some color), color map ; 24 cm.
  • Introduction
  • Transboundary water systems in West Africa
  • Understanding the UN Watercourses Convention and the 1992 UNECE Water Convention
  • Current transboundary treaty architecture in West Africa (post 1990)
  • Assessment of the UNECE Water Convention framework of implementation from the West African perspective
  • Conclusion.
This work, Shared Water Resources in West Africa: Relevance and Application of the UN Watercourses and UNECE Water Conventions, addresses the question of whether riparian states in West Africa need to be parties to both the UN Watercourses Convention and the UNECE Water Convention, both of which have influenced current water regimes in the region. The initial transboundary water instruments in the region dealt primarily with navigation, later agreements addressed the need for cooperation, while recent regimes incorporate other principles of international water law articulated in the UN water treaties Although only six out of its numerous shared watercourses are currently regulated by legal instruments, West Africa contributed through these agreements to the development of international water prior to the adoption of the UN Watercourses and the UNECE Water Conventions in the 1990s.
(source: Nielsen Book Data)9789004364820 20180514
Law Library (Crown)
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
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
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
21 pages ; 25 cm
SAL3 (off-campus storage)
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
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