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Vol 22 No 7 July/August 2017

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National Law and International Human Rights Law

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Onkemetse TshosaUniversity of Botswana, Botswana

ISBN13: 9780754621751
ISBN: 0754621758
Published: February 2002
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print

This text critically examines the role and relevance of international human rights law in the process of protection, especially in the cases of Botswana, Namibia and Zimbabwe. It argues that international human rights law does have a role to play in the protection and, indeed the enforcement of human rights in these countries and that there is an emerging trend to that effect.

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Introduction: theoretical issues - monism and dualism. Colonial period: legal legacy of colonialism; colonial legacy; sacred trust of civilization; south west Africa; self-governing colony; southern Rhodesia; protectorate - Bechuanaland. Independence - new departures: colonial heritage retained - Zimbabwe and Botswana; Zimbabwe; Botswana. A monist experiment - Namibia: automatic incorporation; exceptions to automatic incorporation. Post-independence practice: Namibia - monism compromized; limitations on the monist theory. Botswana - dualism reinforced: judicial practice. Zimbabwe - dualism challenged: judicial practice.