National Courts and the International Rule of Law

National Courts and the International Rule of Law

Author: André Nollkaemper

Publisher: Oxford University Press

Published: 2012

Total Pages: 384

ISBN-13: 0191652822

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This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.


Social Movements and Democracy in Africa

Social Movements and Democracy in Africa

Author: Agnes Ngoma Leslie

Publisher: Routledge

Published: 2006-09-13

Total Pages: 234

ISBN-13: 1135521484

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This book examines social movements in Africa, analyzing how they emerge and how they may impact public policy, the legal and political situation, and the society by focusing on the following question: How do women's political and legal rights get extended and institutionalized in a patriarchal democratic society?


Media Law in Botswana

Media Law in Botswana

Author: Charles Manga Fombad

Publisher: Kluwer Law International B.V.

Published: 2018-06-13

Total Pages: 105

ISBN-13: 940350031X

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Botswana surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Botswana will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.


Article 31(3)(c) VCLT and the Principle of Systemic Integration

Article 31(3)(c) VCLT and the Principle of Systemic Integration

Author: Panos Merkouris

Publisher: BRILL

Published: 2015-06-24

Total Pages: 391

ISBN-13: 9004230432

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In Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Plato’s Cave the author tackles a provision on treaty interpretation that has risen in prominence, Article 31(3)(c) VCLT. This article, which enshrines the principle of systemic integration, and its exact scope has become and continues to be a hotly debated subject in academic and judicial circles. Through an examination of both its written and unwritten elements, the author argues that the ‘proximity criterion’ is the optimal way of understanding and utilizing this provision, that conflict resolution principles may be of use within Article 31(3)(c) and finally, that the principle of systemic integration is indispensable not only for interpreting treaty provisions but customary international law as well.


The Un Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol

The Un Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol

Author: Patricia Schulz

Publisher: Oxford University Press

Published: 2023-03-02

Total Pages: 1041

ISBN-13: 0192862812

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This volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention. The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.


Reap what You Have Not Sown

Reap what You Have Not Sown

Author: George Mukuka

Publisher: PULP

Published: 2010

Total Pages: 238

ISBN-13: 0986985740

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"Reap what you have not sown" Indigenous Knowledge Systems and Intellectual Property Laws in South Africaby George Sombe Mukuka2010ISBN: 978-0-9869857-4-4Pages: 236Print version: AvailableElectronic version: Free PDF available.