Africa And The Backlash Against International Courts

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At the start of the twenty-first century the story of Africa’s engagement with international law was one of marked commitment and meaningful contributions. Africa pioneered new areas of law and legal remedies, such as international criminal law and universal jurisdiction, and gave human rights jurisdiction to a number of new international courts. However, in recent years, African states have mobilised politically and collectively against the regional courts and the International Criminal Court, contesting these institutions’ authority and legitimacy at national, regional and international levels. Africa and the Backlash Against International Courts provides the first comprehensive account of this important phenomenon, bringing together original fieldwork, empirical analysis and a critical overview of the diverse scholarship on both international and African regional courts. Moving beyond conventional explanations, Brett and Gissel use this remarkable research to show how the actions of African states should instead be seen as part of a growing desire for a more equal global order; a trend that not only has huge implications for Africa’s international relations, but that could potentially change the entire practice of international law.

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Genre : Political Science
Author : Peter Brett
Publisher : Zed Books Ltd.
Release : 2020-07-23
File : 285 Pages
ISBN-13 : 9781786993007


Africa And The Backlash Against International Courts

eBook Download

BOOK EXCERPT:

At the start of the twenty-first century the story of Africa's engagement with international law was one of marked commitment and meaningful contributions. Africa pioneered new areas of law and legal remedies, such as international criminal law and universal jurisdiction, and gave human rights jurisdiction to a number of new international courts. However, in recent years, African states have mobilised politically and collectively against the regional courts and the International Criminal Court, contesting these institutions' authority and legitimacy at national, regional and international levels. Africa and the Backlash Against International Courts provides the first comprehensive account of this important phenomenon, bringing together original fieldwork, empirical analysis and a critical overview of the diverse scholarship on both international and African regional courts. Moving beyond conventional explanations, Brett and Gissel use this remarkable research to show how the actions of African states should instead be seen as part of a growing desire for a more equal global order; a trend that not only has huge implications for Africa's international relations, but that could potentially change the entire practice of international law.

Product Details :

Genre : Political Science
Author : Peter Brett
Publisher : Bloomsbury Publishing
Release : 2020-07-23
File : 288 Pages
ISBN-13 : 9781786992994


Human Rights Adjudication In Africa Challenges And Opportunities Within The African Union And Sub Regional Human Rights Systems

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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.

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Genre : Law
Author : Alejandro Fuentes
Publisher : Pretoria University Law Press
Release : 2024-02-26
File : 315 Pages
ISBN-13 :


Yearbook On The African Union Volume 1 2020

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This is the first edition of the Yearbook on the African Union. It is first and foremost an academic project that will provide an in-depth evaluation and analysis of the institution, its processes, and its engagements. Despite the increased agency in recent years of the African Union in general, and the AU Commission in particular, little is known – outside expert policy or niche academic circles – about the Union’s activities. This is the gap the Yearbook on the African Union wants to systematically bridge. It seeks to be a reference point for in-depth research, evidence-based policy-making and decision-making. Contributors are: Adekeye Adebajo, Habibu Yaya Bappah, Bruce Byiers, Annie Barbara Hazviyemurwi Chikwanha, Dawit Yohannes Wondemagegnehu, Katharina P.W. Döring, Jens Herpolsheimer, Jacob Lisakafu, Frank Mattheis, Henning Melber, Alphonse Muleefu, John N. Nkengasong, Edefe Ojomo, Awino Okech, Jamie Pring, Elizabeth Sidiropoulos, Tim Zajontz.

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Genre : Political Science
Author :
Publisher : BRILL
Release : 2021-10-25
File : 295 Pages
ISBN-13 : 9789004498914


By Peaceful Means

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Distinguished scholars and practitioners commemorate and expand upon the work of international judge, arbitrator, and professor, David D. Caron (1952-2018). By Peaceful Means is an insightful examination of how international dispute resolution seeks to avert disaster and mitigate discord, and how it might continue to do so in our uncertain future.

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Genre : Law
Author : Charles N. Brower
Publisher : Oxford University Press
Release : 2024-01-18
File : 625 Pages
ISBN-13 : 9780192848086


Post Backlash Human Rights Law

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Post-Backlash Human Rights Law explores a battle of narratives before the emergence of “post-backlash human rights law” – rules generated by the international human rights community and opposing states in reaction to the backlash.

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Genre : Law
Author : Sanja Dragić
Publisher : BRILL
Release : 2022-10-24
File : 252 Pages
ISBN-13 : 9789004514799


Transplanting International Courts

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Transplanting International Courts provides a deep, systematic investigation of the most active and successful transplant of the European Court of Justice. The Andean Tribunal is effective by any plausible definition of the term, but only in the domain of intellectual property law. Alter and Helfer explain how the Andean Tribunal established its legal authority within and beyond this intellectual property island, and how Andean judges have navigated moments of both transnational political consensus and political contestation over the goals and objectives of regional economic integration. By letting member states set the pace and scope of Andean integration, by condemning unequivocal violations of Andean rules, and by allowing for the coexistence of national legislation and supranational authority, the Tribunal has retained its fidelity to Andean law while building relationships with nationally-based administrative agencies, lawyers, and judges. Yet the Tribunal's circumspect and formalist approach means that, unlike in Europe, Community law is not an engine of integration. The Tribunal's strategy has also limited its influence within the Andean legal system. Transplanting International Courts also revists the authors' path-breaking scholarship on the effectiveness of international adjudication. Alter and Helfer argue that the European Court of Justice benefitted in underappreciated ways from the support of jurist advocacy movements that are absent or poorly organized in the Andes and elsewhere in the world. The Andean Tribunal's longevity despite these and other challenges offers guidance for international courts in other developing country contexts. Moreover, given that the Andean Community has weathered member state withdrawals and threats of exit, major economic and political crises, and the retrenchment of core policies such as the common external tariff, the Andean experience offers timely and important lessons for Europe's international courts.

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Genre : Law
Author : Karen J. Alter
Publisher : Oxford University Press
Release : 2017-04-06
File : 346 Pages
ISBN-13 : 9780191502132


Making Kampala Count

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Key recommendatiuons -- Cooperation -- Complementarity -- Impact of the Rome Statute system on victims and affected communities -- Peace and justice -- The crime of aggression.

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Genre : Law
Author : Param-Preet Singh
Publisher :
Release : 2010
File : 118 Pages
ISBN-13 : STANFORD:36105133305214


International Law International Judicial Law

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Genre : International courts
Author : Georg Schwarzenberger
Publisher :
Release : 1957
File : 1004 Pages
ISBN-13 : UOM:39015076227944


The World Bank Inspection Panel And Quasi Judicial Oversight

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This book conceptualizes the World Bank Inspection Panel as a mechanism of quasi-judicial review or oversight, aimed at enhancing the accountability and legitimacy of the World Bank, which is conceived as an international institution exercising public power. The author engages in comparative constitutional law analysis, looking towards three non-international constitutional systems - the United States, the European Union, and post-Apartheid South Africa - to construct a conceptual model of judicial oversight that reflects the concept's nature, effect, and dynamics. The author employs this model to analyze the institutional history and practice of the World Bank Inspection Panel, covering the Panel's entire institutional lifespan. The author concludes that the nature, effect, and dynamics of judicial oversight - indeed, the "judicial spirit" - is more alive in this area of public international law than what might be expected. This book will be of interest to both constitutional and international lawyers, as well as legal practitioners and members of international civil society frequently engaging with international financial institutions such as the World Bank.

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Genre : Business & Economics
Author : Andria Naudé Fourie
Publisher :
Release : 2009
File : 400 Pages
ISBN-13 : STANFORD:36105134499388