The African Commission on Human and People's Rights and international law / Rachel Murray.
2000
JX4263.P3 M966 2000 (Map It)
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Items
Details
Author
Title
The African Commission on Human and People's Rights and international law / Rachel Murray.
Published
Oxford ; Portland, Ore : Hart Pub., 2000.
Call Number
JX4263.P3 M966 2000
ISBN
1841131229
Description
288 pages ; 24 cm
System Control No.
(OCoLC)264741677
Bibliography, etc. Note
Includes bibliographical references (pages [281]-307) and index.
Record Appears in
Table of Contents
Acknowledgements
Abbreviations
Table of Cases
1
Theoretical Issues
1
Restraints of the Present Discourse
2
Opposing Dichotomies
2
The Scope of this Study
4
2
Evolution of the African Charter and Status of Ratification
9
Contents of the African Charter
10
The Role of the African Commission
11
Functions of the African Commission
14
An African Court on Human and Peoples' Rights
27
3
The Notion of the State
33
Relevance of Notion of the State
33
The Differences between Traditional and Western Structures
33
The African State as a Mixture of Pre-colonial and Western Structures
35
Impact of the Notion of the State on the Relationship between State and Individual
36
4
The Issue of Personality
49
Preliminary Considerations
49
The State
51
The Individual in the African System
67
The Role of Non-governmental Organisations in the African System
87
Peoples in the African System
103
The International Community
113
Conclusion to the Issue of Personality
119
5
The Dichotomy of Laws Applicable in Times of War and Peace
123
Introduction to the Approach of the African Commission
123
The Lacuna in Internal Conflicts
127
The Utility of a Closer Integration of Humanitarian and Human Rights Laws
131
The Respective Protection Offered by Humanitarian and Human Rights Laws
135
Enforcement Dependant on the Will of States or Community Action
137
Enforcement of the Two Sets of Laws
142
Reservations
146
The Maintenance of an International Order
148
6
The Amicable/Judicial Dichotomy
153
Settlement of Disputes in Other International Bodies
153
The Features of Amicable and Judicial Approaches
155
Effectiveness
184
The Relationship between Amicable and Judicial: Opposing Dichotomies
189
7
Conclusion
199
Appendixes
203
Bibliography
281
Index
309