Human Rights, the Rule of Law, and Development in Africa

Human Rights, the Rule of Law, and Development in Africa

Author: Paul Tiyambe Zeleza

Publisher: University of Pennsylvania Press

Published: 2011-06-07

Total Pages: 309

ISBN-13: 0812204514

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Changes in human rights environments in Africa over the past decade have been facilitated by astounding political transformations: the rise of mass movements and revolts driven by democratic and developmentalist ideals, as well as mass murder and poverty perpetuated by desperate regimes and discredited global agencies. Human Rights, the Rule of Law, and Development in Africa seeks to make sense of human rights in Africa through the lens of its triumphs and tragedies, its uneven developments and complex demands. The volume makes a significant contribution to the debate about the connections between the protection of human rights and the pursuit of economic development by interrogating the paradigms, politics, and practices of human rights in Africa. Throughout, the essays emphasize that democratic and human rights regimes are products of concrete social struggles, not simply textual or legal discourses. Including some of Africa's leading scholars, jurists, and human rights activists, contributors to the volume diverge from Western theories of African democratization by rejecting the continental view of an Africa blighted by failure, disease, and economic malaise. It argues instead that Africa has strengthened and shaped international law, such as the right to self-determination, inspired by the process of decolonization, and the definition of the refugee. Insisting on the holistic view that human rights are as much about economic and social rights as they are about civil and political rights, the contributors offer novel analyses of African conceptions, experiences, and aspirations of human rights which manifest themselves in complex global, regional, and local idioms. Further, they explore the varied constructions of human rights in African and Western discourses and the roles played by states and NGOs in promoting or subverting human rights. Combining academic analysis with social concern, intellectual discourse with civic engagement, and scholarly research with institution building, this is a compelling and original approach to the question whether externally inspired solutions to African human rights issues have validity in a postcolonial world.


Human Rights and the Environment under African Union Law

Human Rights and the Environment under African Union Law

Author: Michael Addaney

Publisher: Springer Nature

Published: 2020-08-21

Total Pages: 477

ISBN-13: 3030465233

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This book brings together original and novel perspectives on major developments in human rights law and the environment in Africa. Focusing on African Union law, the book explores the core concepts and principles, theory and practice, accountability mechanisms and key issues challenging human rights law in the era of global environmental change. It, thus, extend the frontier of understanding in this fundamental area by building on existing scholarship on African human rights law and the protection of the environment, divulging concerns on redressing environmental and human rights protection issues in the context of economic growth and sustainable development. It further offers unique insight into the development, domestication and implementation challenges relating to human rights law and environmental governance in Africa. This long overdue interdisciplinary exploration of human rights law and the environment from an African perspective will be an indispensable reference point for academics, policymakers, practitioners and advocates of international human rights and environmental law in particular and international law, environmental politics and philosophy, and African studies in general. It is clear that there is much to do, study and share on this timely subject in the African context.


Human Rights Under African Constitutions

Human Rights Under African Constitutions

Author: Abdullahi Ahmed An-Na'im

Publisher: University of Pennsylvania Press

Published: 2013-10-09

Total Pages: 446

ISBN-13: 0812201108

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Some of the most massive and persistent violations of human rights occur in African nations. In Human Rights Under African Constitutions: Realizing the Promise for Ourselves, scholars from a wide range of fields present a sober, systematic assessment of the prospects for legal protection of human rights in Africa. In a series of detailed and highly contextual studies of Ethiopia, Ghana, Guinea, Morocco, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Sudan, and Uganda, experts seek to balance the socioeconomic and political diversity of these nations while using the same theoretical framework of legal analysis for each case study. Standards for human rights protection can be realized only through direct and strong support from a nation's legal and political institutions. The contributors to this volume uniformly conclude that a well-informed and motivated citizenry is the most powerful force for creating the political will necessary to effect change at the national level. In addition to a critical evaluation of the current state of human rights protection in each of these African nations, the contributors outline existing national resources available for protecting human rights and provide recommendations for more effective and practical use of these resources.


Natural Resource Sovereignty and the Right to Development in Africa

Natural Resource Sovereignty and the Right to Development in Africa

Author: Carol Chi Ngang

Publisher: Routledge

Published: 2021-08-25

Total Pages: 247

ISBN-13: 100043379X

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This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.


Law and the New Urban Agenda

Law and the New Urban Agenda

Author: Nestor M. Davidson

Publisher: Routledge

Published: 2020-04-23

Total Pages: 207

ISBN-13: 042958282X

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The New Urban Agenda (NUA), adopted in 2016 at the United Nations Conference on Housing and Sustainable Urban Development (Habitat III) in Quito, Ecuador, represents a globally shared understanding of the vital link between urbanization and a sustainable future. At the heart of this new vision stand a myriad of legal challenges – and opportunities – that must be confronted for the world to make good on the NUA’s promise. In response, this book, which complements and expands on the editors’ previous volumes on urban law in this series, offers a constructive and critical evaluation of the legal dimensions of the NUA. As the volume’s authors make clear, from natural disasters and resulting urban migration in Honshu and Tacloban, to innovative collaborative governance in Barcelona and Turin, to accessibility of public space for informal workers in New Delhi and Accra, and power scales among Brazil’s metropolitan regions, there is a deep urgency for thoughtful research to understand how law can be harnessed to advance the NUA’s global mission of sustainable urbanism. It thus creates a provocative and academic dialogue about the legal effects of the NUA, which will be of interest to academics and researchers with an interest in urban studies.


Realizing the Right to Development

Realizing the Right to Development

Author: United Nations. Office of the High Commissioner for Human Rights

Publisher:

Published: 2013

Total Pages: 584

ISBN-13:

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This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.


The Right to Development in International Law

The Right to Development in International Law

Author: Subrata Roy Chowdhury

Publisher: BRILL

Published: 2023-11-27

Total Pages: 441

ISBN-13: 9004637680

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The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume.


Promoting the Rule of Law Abroad

Promoting the Rule of Law Abroad

Author: Thomas Carothers

Publisher:

Published: 2006

Total Pages: 363

ISBN-13: 9780870032196

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"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."--SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience--in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa--to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field.Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-H�l�ne Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).


Tracing the Roles of Soft Law in Human Rights

Tracing the Roles of Soft Law in Human Rights

Author: Stéphanie Lagoutte

Publisher: Oxford University Press

Published: 2016

Total Pages: 353

ISBN-13: 0198791402

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Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes.


A Theory of African Constitutionalism

A Theory of African Constitutionalism

Author: Berihun Adugna Gebeye

Publisher: Oxford University Press

Published: 2021-07-08

Total Pages: 272

ISBN-13: 0192646141

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A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.