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Africans and the 1965 U.S. Immigration lawHawk, Beverly Gale. January 1900 (has links)
Thesis (Ph. D.)--University of Wisconsin--Madison, 1988. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 298-313).
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The establishment of an African criminal court: strengths and weaknessesPhilimon, Levina Kiiza January 2012 (has links)
This treatise addresses the possible creation of an African criminal court for individual criminal responsibility for crime of genocide, crimes against humanity, and war crimes. It does so by critically analysing the Statutes of Special Court of Sierra Leone, International Criminal Tribunal for Rwanda, and Rome Statute of the International Criminal Court in relation to the provisions addressing the principle of individual criminal responsibility, jurisdiction, amnesty and immunity. Another aim is to indicate the strength and weaknesses of the cited statutes in relation to the above provisions. Finally a further aim is to provide an analysis of the statutes, and any other international law applicable and determine whether Africa needs a separate criminal court. The principle conclusion is that statutes are facing challenges in relations to the provisions above. It is established that Africa does not have a regional criminal court and the African Union has attempted to extend jurisdiction of the African Court of Justice and Human Rights to criminal jurisdiction but the process has amounted to heavy criticism and unforeseen legal implications. It is eventually concluded that Africa may consider the creation of a separate criminal court for the future and such a court is currently not needed. Support should be given to the ICC.
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African customary law and gender justice in a prograssive democracyOzoemena, Rita Nkiruka January 2007 (has links)
The constant clash of African culture and traditions with human rights continue to militate against the adequate protection of women’s rights. Thus, African women constantly face challenges resulting from restrictions under customary laws of succession and inheritance, witchcraft violence, degrading treatment to widows, domestic violence; women killed by their partners, rape of women and children under all kinds of circumstances. This thesis was prompted by the issues raised in the Bhe case of the Constitutional Court of South Africa. In this landmark judgment, Ngcobo J dealt with the development of customary law, and how it must be approached by the courts in a manner that would have due regard to the rights of women on one hand and, on the other, would also accord customary law of its proper place, purpose and values within the African context. Against this background, the thesis focused on South Africa, Nigeria and Lesotho as excellent models of the broader challenges for women as well as governments; despite certain legislative measures put in place by the latter, the battle continues unabated for the balance of traditions and culture with women’s rights issues. Although South Africa is more progressive in terms of Constitution and practice than Nigeria and Lesotho, a lot still needs to be done particularly in the area of harmonization of laws. Regrettably, in Nigeria and Lesotho respect for the Constitution is superficial and lacks substantive policies that would promote women’s rights. To this extent, the balance of democratic values and promotion of women’s rights issues within the continent lie in women being partners in development rather than unduly suffering under intense burden of culture, tradition and societal stereotypes.
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Constitutionalism and judicial appointment as a means of safeguarding judicial independence in selected African jurisdictionsMakama, Saul Porsche 11 1900 (has links)
The beginning of the 1990s saw many African countries embarking on the process of drafting
new constitutions as they abandoned independence constitutions. Most of the independence
constitutions were perceived as constitutions without constitutionalism and they were
generally blamed for failure of democracy and the rule of law in Africa.
The study analyses the state of democracy and constitutionalism and the impact that
colonialism had on the African continent. Apart from the spurt of new constitutions adopted,
democracy is growing very slowly in most African states with widespread human rights
violations and disregard for the rule of law and the principle of separation of powers, still
holding the centre stage.
Judicial independence is an important component of democracy in the modern state. The
study therefore scrutinizes how the principle of judicial independence can be promoted and
protected to enhance democracy. One important mechanism which plays a crucial role in
safeguarding judicial independence is the way judicial officers are appointed. The study
selects four countries – Swaziland, Kenya, Zimbabwe and South Africa and analyses how
judicial officers are appointed in these countries in an effort to find an effective and optimal
approach.The premise of the study is centred on the role of constitutionalism and the process of
appointing judges as a means of promoting and safeguarding democracy in these selected
countries. / Public, Constitutional, & International Law / LLM
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The European Union and the Organization for the Harmonization of Business Law in Africa : comparative perspectives on their institutional frameworks and legal ordersMadaleno, Jose Miguel Ferreira January 2011 (has links)
University of Macau / Faculty of Law
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Constitutionalism and judicial appointment as a means of safeguarding judicial independence in selected African jurisdictionsMakama, Saul Porsche 11 1900 (has links)
The beginning of the 1990s saw many African countries embarking on the process of drafting
new constitutions as they abandoned independence constitutions. Most of the independence
constitutions were perceived as constitutions without constitutionalism and they were
generally blamed for failure of democracy and the rule of law in Africa.
The study analyses the state of democracy and constitutionalism and the impact that
colonialism had on the African continent. Apart from the spurt of new constitutions adopted,
democracy is growing very slowly in most African states with widespread human rights
violations and disregard for the rule of law and the principle of separation of powers, still
holding the centre stage.
Judicial independence is an important component of democracy in the modern state. The
study therefore scrutinizes how the principle of judicial independence can be promoted and
protected to enhance democracy. One important mechanism which plays a crucial role in
safeguarding judicial independence is the way judicial officers are appointed. The study
selects four countries – Swaziland, Kenya, Zimbabwe and South Africa and analyses how
judicial officers are appointed in these countries in an effort to find an effective and optimal
approach.The premise of the study is centred on the role of constitutionalism and the process of
appointing judges as a means of promoting and safeguarding democracy in these selected
countries. / Public, Constitutional, and International Law / LLM
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Concepts of law and justice and the rule of law in the African contextMotshekga, Mathole 01 1900 (has links)
The study makes a descriptive and analytical study of the development of the dynamic
concept of the rule of law with special reference to the African contribution.
First, the study shows that the Diceyan concept of the rule of law was narrow and
peculiar to the Western liberal legal culture, and that more specifically, the substantive
content of the concept of the rule of law was limited to the first generation of human
rights. In its international and African context the concept was expanded to include
all three generations of human rights and also identified with the concepts of
democracy and the right of peoples and nations to self-determination. The expanded
concept came to be known as the Dynamic Concept of the rule of law.
Secondly, the study traces the origins and development of the principle of equal rights
and self-determination and their extension to all peoples and nations and shows that
these rights are universal, not relative, as they derive from the inherent worth and
dignity of the individual. Also, the study shows that in the African context the three
generations of human rights have been interlinked, made inter-dependent, and then
identified with the rule of law, human rights and the right of self-determination
(perceived as a right to democratic self-governance). Hence, the worth and dignity of
the human personality has been made the fountainhead of human rights and have been
elevated to the substantive elements of the Dynamic Concept of the rule of law and the
basis of the modern African Constitutional State.
Under the Colonial Rule both the Diceyan and the dynamic concept of the rule of law
were not recognised. Instead, Colonial and racist regimes tried to create alternative
institutions of government which denied the oppressed peoples the right to democratic
self-governance and independence. However, Colonial and oppressed peoples relied on
the dynamic concept of the rule of law in their freedom struggles and in the
elaboration of their policies. Hence, the constitutions of all the former colonies in
southern Africa under discussion were to different degrees informed by the Dynamic
Concept of the rule of law. / Constitutional, International & Indigenous Law / LL.D
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Re-defining legitimacy : international law, multilateral institutions and the problem of socio-cultural fragmentation within established African statesOkafor, Obiora Chinedu 11 1900 (has links)
This thesis has been pre-occupied with four major interconnected projects. The first
of these was a search for an understanding of the nature of the crisis of structural legitimacy
that currently afflicts the fragmented post-colonial African state, an enquiry that examines
the nature of the very phenomena that the law has sought to regulate. The second was to
understand the nature, and social effects, of the various doctrinal attitudes historically
exhibited by international law and institutions toward the phenomenon of "socio-cultural
fragmentation within established states". In this respect, I have sought to understand the ways
in which certain doctrines of international law and institutions have provided powerful
arguments, justifications or excuses for those states that have deemed it necessary to attempt
to forge coercively, both a sense of common citizenship, and an ethos of national coherence,
among their various component sub-state groups. The third was to chart the ongoing
normative and factual transformation of the traditional approaches that international law and
institutions have adopted toward that problem, and thereby map the extent to which these
institutions have taken advantage of such innovations, enabling them to actually contribute
to the effort to prevent and/or reduce the incidence of internecine strife in specific African
contexts. And the last was to recommend a way forward that is guided by the conclusions
of the thesis: a way in which these institution-driven transformations can be encouraged and
consolidated in the specific context of African states. For purposes of brevity and the
imperative need for focus, these enquiries have been conducted in the specific but somewhat
allegorical context of Africa. It is hoped, however, that even this largely Africa-specific
analysis has contributed to the advancement of knowledge regarding the general question of
the relationship among the doctrines of international law, the activities of multilateral
institutions, and the management of the problems of socio-cultural fragmentation and
internecine strife within established states.
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An analysis of codified legal systems in the United States and unwritten legal systems in tribal AfricaBogard, Donald P. January 1989 (has links)
This study was a comparative analysis of the highly structured legal systems of the state of Indiana and the United States of America and the unwritten legal systems of the Ashanti, Barotse, Buganda, and Nuer tribes of Africa. The purpose was to review the similarities and differences in the way in which those legal systems are structured, the way they function, and the scope of their impact on their respective societies.Complex societies have governmental entities which perform different functions in the legal system, but tribal societies tend to have people who perform multifunctional roles. The key is to observe the system to see what functions are being performed, and not to observe the system only to see if the same types of entities are performing the functions in simple societies as in complex societies.The “law is whatever is needed in a particular society. Dispute resolution must be accomplished, but the absence of a formal system does not mean the there is absence of law. / Department of Anthropology
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The combined exclusive maritime zone of AfricaDu Plooy, Inalize January 2017 (has links)
The AIMS is Africa’s first comprehensive maritime strategy. Adopted in 2014, the AIMS proposes unique objectives to address the common maritime challenges faced by African States. One of these objectives is the establishment of the Combined Exclusive Maritime Zone of Africa (CEMZA). The AIMS states that CEMZA, “will grant Africa enormous crosscutting geostrategic, economic, and political, security and social benefits, as well as minimize the risks of all transnational threats including organized crime and terrorism in Africa”. This dissertation, consequently, aims to provide an overview of the impact which the successful establishment of the CEMZA would have on the African Maritime Domain (AMD) with a focus on sectors such as intra-African trade, vessel-source marine pollution, maritime security and fisheries. This study, furthermore, aims to determine the advantages of the CEMZA as well as the steps which would have to be taken to ensure the success of the CEMZA from a legal point of view. Established within this dissertation is the view that the CEMZA would have to be accompanied by various intermediate steps and would function as if the borders between African countries were deemed not to exist for administrative purposes. This would, however, not entail that African States sacrifice their sovereignty regarding resources within their jurisdiction by sharing it with all African States. The resources of each State, therefore, would remain its sovereign property, and the pooling of resources within the CEMZA would be absent. This dissertation concludes by stating that the CEMZA is feasible in the long term. Owing to the political and legal challenges, reinforced by a lack of capacity as well as human and fiscal resources, it is, however, not achievable in the short-to-medium term.
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