Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Sub-Regional Courts in Africa PDF full book. Access full book title Sub-Regional Courts in Africa by Laurence R. Helfer. Download full books in PDF and EPUB format.
Author: Laurence R. Helfer Publisher: ISBN: Category : Languages : en Pages : 25
Book Description
Human rights attorneys and civil society groups in Africa have recently focused their advocacy efforts on sub-regional courts associated with economic integration communities in East, West and Southern Africa. The East African Court of Justice (EACJ), the Court of Justice of the Economic Community of West African States (ECOWAS), and the Tribunal of the Southern African Development Community (SADC) have received few suits challenging trade restrictions and other barriers to sub-regional integration. Instead, and surprisingly, the courts' dockets are dominated by complaints alleging violations of international human rights law.This article offers the first analysis of EACJ, ECOWAS Court and SADC Tribunal decisions concerning the free movement of persons. Freedom of movement is a hybrid legal right. It is protected in the African Charter on Human and Peoples' Rights and in other human rights instruments, but it is also a central pillar of all regional integration systems. Free movement case law thus offers a revealing lens through which to examine how African sub-regional courts decide which litigants have access to justice, interpret international legal norms, and fashion the remedies awarded to successful complainants.
Author: Laurence R. Helfer Publisher: ISBN: Category : Languages : en Pages : 25
Book Description
Human rights attorneys and civil society groups in Africa have recently focused their advocacy efforts on sub-regional courts associated with economic integration communities in East, West and Southern Africa. The East African Court of Justice (EACJ), the Court of Justice of the Economic Community of West African States (ECOWAS), and the Tribunal of the Southern African Development Community (SADC) have received few suits challenging trade restrictions and other barriers to sub-regional integration. Instead, and surprisingly, the courts' dockets are dominated by complaints alleging violations of international human rights law.This article offers the first analysis of EACJ, ECOWAS Court and SADC Tribunal decisions concerning the free movement of persons. Freedom of movement is a hybrid legal right. It is protected in the African Charter on Human and Peoples' Rights and in other human rights instruments, but it is also a central pillar of all regional integration systems. Free movement case law thus offers a revealing lens through which to examine how African sub-regional courts decide which litigants have access to justice, interpret international legal norms, and fashion the remedies awarded to successful complainants.
Author: Alejandro Fuentes Publisher: Pretoria University Law Press ISBN: Category : Law Languages : en Pages : 315
Book Description
The collection of chapters contained in this book originates from the first Raoul Wallenberg Institute Regional Africa Academic Network Conference held at the University of Zimbabwe, Harare, Zimbabwe in October 2022. The main aim of this book is to advance an understanding of the way Africa regional and sub-regional human rights systems contribute to access to justice on the continent and to generate further knowledge about the institutions that make up the African human rights adjudication system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child and sub-regional courts, such as the Economic Community of West African States Community Court of Justice.
Author: Frew Demeke Alemu Publisher: ISBN: 9783656700296 Category : Languages : en Pages : 94
Book Description
Master's Thesis from the year 2010 in the subject Law - European and International Law, Intellectual Properties, grade: A, Lund University, course: International Human Rights Law, language: English, abstract: Taking in to consideration the countless human rights violations and impunity in Africa, there is not a shred of doubt about the dire need for effective human rights protection mechanisms at continental level. This concern has mainly increased due to the Africa Commission's poor track record of enforcement of human rights norms in the region. Hence, it is in the effort to cure the ills suffered by this system that an endeavor to build a regional human rights judicial organ has been embarked on. The process of establishment of the African Court of Justice and Human Rights (ACtJHR) is also the extension of this effort which partially became successful with the transitional operation of the African Court on Human and Peoples' Rights. The primary purpose of this study is, thus, to show how the ACtJHR would be relevant in promoting and protecting human rights in the continent. An attempt is also made to investigate whether the new Court will be a solution to fill the gaps left out by the African Commission in the regional human rights enforcement mechanism. In doing so, the study has made a thorough analysis of the prospects and challenges of the ACtJHR from different vantage points. It has also addressed the possible interaction between the two main regional human rights actors, i.e., the ACtJHR and the African Commission. The study has also touched up on the link between the sub-regional judicial institutions and the African Court on human rights matters.
Author: James Thuo Gathii Publisher: Oxford University Press, USA ISBN: 0198868472 Category : Law Languages : en Pages : 385
Book Description
This book argues that we must look beyond the traditional criteria of compliance and effectiveness to judge the performance of Africa's international courts. It demonstrates how these courts are important venues for activists and opposition parties to wage political, social, environmental, and legal struggles on the international stage.
Author: Charles C. Jalloh Publisher: Cambridge University Press ISBN: 110842273X Category : History Languages : en Pages : 1199
Book Description
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
Author: Karin Deichmann Publisher: Universitätsverlag Göttingen ISBN: 3863954688 Category : Democracy Languages : en Pages : 304
Book Description
The protection of human rights and popular participation on the first sight seem to contradict the often-existing image of the African continent. However, with the foundation of the African Union in 2000, both aspects gain greater importance on regional level. Besides that, many subregional courts within the sphere of sub-Sahara Africa partially started to develop human rights-related jurisdiction. In addition to that, most regional economic communities nowadays provide for their own parliamentary structures. The study aims to examine the several institutional structures and their competences on both, regional and subregional level. Besides that, it provides for a profound analysis of the jurisdiction of the respective courts as well as the communications of the African Commission of Human and Peoples’ Rights. Lastly, the study focuses on the correlation between the extension of the institutions’ competences and the political will of the involved governments.
Author: Rachel H. Murray Publisher: ISBN: Category : Languages : en Pages :
Book Description
"The African Charter on Human and Peoples’ Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples’ Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples’ Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples’ Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena."--Résumé de l'éditeur.
Author: Gerhard Werle Publisher: Springer ISBN: 9462651507 Category : Law Languages : en Pages : 349
Book Description
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-Universität 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 Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Author: Manisuli Ssenyonjo Publisher: Martinus Nijhoff Publishers ISBN: 9004218149 Category : Law Languages : en Pages : 629
Book Description
The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.
Author: Alejandro Fuentes Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The collection of chapters contained in this book originates from the first Raoul Wallenberg Institute Regional Africa Academic Network Conference held at the University of Zimbabwe, Harare, Zimbabwe in October 2022. The main aim of this book is to advance an understanding of the way Africa regional and sub-regional human rights systems contribute to access to justice on the continent and to generate further knowledge about the institutions that make up the African human rights adjudication system, the African Court on Human and Peoples' Rights, the African Commission on Human and Peoples' Rights, the African Committee of Experts on the Rights and Welfare of the Child and sub-regional courts, such as the Economic Community of West African States Community Court of Justice.
Author: Laurence R. Helfer
Author: Laurence R. Helfer
Author: Alejandro Fuentes
Author: Frew Demeke Alemu
Author: James Thuo Gathii
Author: Charles C. Jalloh
Author: Karin Deichmann
Author: Rachel H. Murray
Author: Gerhard Werle
Author: Manisuli Ssenyonjo
Author: Alejandro Fuentes