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An 'implementation crisis' has been identified in the enforcement of rulings of UN and regional human rights bodies, and fundamental but crucial questions remain unanswered: what exactly does it mean to implement and comply with international and regional human rights decisions, and what factors influence whether a state implements and complies or not? Much more is now known about the work of the African Commission on Human and Peoples' Rights, but a gap still exists in the literature on the implementation of the findings of the Commission. This book draws upon the data and evaluation from a four-year research project, analysing the range of pronouncements of the African Commission, including its decisions on individual communications, provisional measures, resolutions, and promotional and protective mission reports. It investigates the extent to which states implement these findings and examines how that implementation is monitored by others.
The treaty creating the African Court of Justice and Human and Peoples' Rights, if and when it comes into force, contains innovative elements that have potentially significant implications for current substantive and procedural approaches to regional and international dispute settlements. Bringing together leading authorities in international criminal law, human rights and transitional justice, this volume provides the first comprehensive analysis of the 'Malabo Protocol' while situating it within the wider fields of international law and international relations. The book, edited by Professors Jalloh, Clarke and Nmehielle, offers scholarly, empirical, critically engaged and practical analyses of some of its most challenging provisions. Breaking new ground on the African Court, but also treating old concepts in a novel and relevant way, The African Court of Justice and Human and Peoples' Rights in Context is for anyone interested in international law, including international criminal law and international human rights law. This title is also available as Open Access on Cambridge Core.
This book deals with two interconnected yet often forgotten realities of the constitutional order in Africa: first, the OCyforeign affairs powerOCO that gives the specific organs of the State the capacity to create and empower universal, regional and sub-regional governance and judicial structures. Secondly, the OCyinternational judicial function in AfricaOCO, with a specific focus on the African Court on Human and PeoplesOCO Rights and the upcoming merger with the African Court of Justice to form one ..."
This book provides a comprehensive and analytical overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realization provided for under the United Nations system, the African Union, and sub-regional economic communities in Africa, and explores their relationship with the national legal systems of African states. It further examines the case law stemming from Africa' most important human rights instrument, the African Charter on Human and Peoples Rights.
This book challenges the received scholarship on the African Charter on Human and Peoples' Rights. The author applies economic and social theory to understanding the African Commission's dynamic treaty interpretation and the Commission's strategic manipulation of the Rules of Procedure to strengthen the African human rights system.
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