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The African Commission on Human and Peoples' Rights and International Law - Rachel Murray

The African Commission on Human and Peoples' Rights and International Law

Hardcover

Published: 18th August 2000
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The African Commission on Human and Peoples' Rights, established in 1987, was the third regional instrument, after the European and American systems, for the promotion and protection of human rights. This book, drawing on the jurisprudence and practice of the Commission, challenges the applicability of international law to the African situation. Following an examination of the evolution of the African Charter and the status of ratification, Murray questions the opposing dichotomy approach of international law. Her critical analysis covers the notion of the state, the issue of personality and the application of the international law distinctions between war and peace and judicial and amicable disputes. The experience and approach of the African Commission is compared with that of other regional and international bodies, leading to the conclusion that a more holistic approach to international law is required if human rights are to be adequately protected. In addition to making an important contribution to legal scholarship on the subject of the Commission this book will serve as a reference work, a textbook and an invaluable practitioners tool. "Dr Murray shows a depth of knowledge, a sensitivity in understanding and a passion for the advancement of human rights in Africa. The book makes a contribution to scholarship on the work of the African Commission which has not been widely acknowledged". N Barney Pityana, Member African Commission on Human and Peoples' Rights TABLE OF CONTENTS 1 Theoretical Issues 2 Evolution of the African Charter and status of Ratification 3 The Notion of the State 4 The Issue of Personality 5 The Dichotomy of Laws Applicable in Times of War and Peace 6 The Amicable/Judicial Dichotomy 7 Conclusion Appendices I - VIII

The book is an important contribution not only to a better understanding of the African human rights system but perhaps a pace-setter for the possible harmonisation of the practices of both the UN and regional systems on some important concepts of international law. Mashwood A. Baderin, Lecturer in Law, University of West England The Human Rights Law Review March 2005

Acknowledgements
Abbreviations
Table of Cases
Theoretical Issuesp. 1
Restraints of the Present Discoursep. 2
Opposing Dichotomiesp. 2
The Scope of this Studyp. 4
Evolution of the African Charter and Status of Ratificationp. 9
Contents of the African Charterp. 10
The Role of the African Commissionp. 11
Functions of the African Commissionp. 14
An African Court on Human and Peoples' Rightsp. 27
The Notion of the Statep. 33
Relevance of Notion of the Statep. 33
The Differences between Traditional and Western Structuresp. 33
The African State as a Mixture of Pre-colonial and Western Structuresp. 35
Impact of the Notion of the State on the Relationship between State and Individualp. 36
The Issue of Personalityp. 49
Preliminary Considerationsp. 49
The Statep. 51
The Individual in the African Systemp. 67
The Role of Non-governmental Organisations in the African Systemp. 87
Peoples in the African Systemp. 103
The International Communityp. 113
Conclusion to the Issue of Personalityp. 119
The Dichotomy of Laws Applicable in Times of War and Peacep. 123
Introduction to the Approach of the African Commissionp. 123
The Lacuna in Internal Conflictsp. 127
The Utility of a Closer Integration of Humanitarian and Human Rights Lawsp. 131
The Respective Protection Offered by Humanitarian and Human Rights Lawsp. 135
Enforcement Dependant on the Will of States or Community Actionp. 137
Enforcement of the Two Sets of Lawsp. 142
Reservationsp. 146
The Maintenance of an International Orderp. 148
The Amicable/Judicial Dichotomyp. 153
Settlement of Disputes in Other International Bodiesp. 153
The Features of Amicable and Judicial Approachesp. 155
Effectivenessp. 184
The Relationship between Amicable and Judicial: Opposing Dichotomiesp. 189
Conclusionp. 199
Appendixesp. 203
Bibliographyp. 281
Indexp. 309
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841131221
ISBN-10: 1841131229
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 352
Published: 18th August 2000
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.5 x 16.51  x 2.54
Weight (kg): 0.68
Edition Number: 1