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The African Commission on Human Rights and Peoples' Rights and International Law

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ISBN13: 9781841131221
ISBN: 1841131229
Published: August 2000
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £79.00



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The African Commission on Human and Peoples' Rights, established in 1987, was the third regional instrument, after the European and American systems, for the promotion and protection of human rights. This book, drawing on the jurisprudence and practice of the Commission, challenges the applicability of international law to the African situation.

Following an examination of the evolution of the African Charter and the status of ratification, Murray questions the opposing dichotomy approach of international law. Her critical analysis covers the notion of the state, the issue of personality, and the application of the international law distinctions between war and peace and judicial and amiable disputes.

The experience and approach of the African Commission is compared with that of other regional and international bodies, leading to the conclusion that a more holistic approach to international law is required if human rights are to be adequately protected.

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Subjects:
Human Rights and Civil Liberties
Contents:
Theoretical issues: introduction
restraints of the present discourse
opposing dichotomies
the scope of this study
conclusion
brief note on material. Evolution of the African charter and status of ratification: introduction
contents of the African charter
the role of the African Commission
functions of the African Commission
an African court on human and peoples' rights. The notion of the state: introduction
relevance of notion of the state
the differences between traditional and Western structures
the African state as a mixture of pre-colonial and Western structures
impact of the notion of the state on the relationship between state and individual
conclusion. The issue of personality: preliminary considerations
the state
the individual in the African system
the role of non-governmental organisations in the African system
peoples in the African system
the international community
conclusion to the issue of personality. The dichotomy of laws applicable in times of war and peace: introduction to the approach of the African Commission
the lacuna in internal conflicts
the utility of a closer integration of humanitarian and human rights laws
the respective protection offered by humanitarian and human rights laws
enforcement dependant on the will of states or community action
enforcement of the two sets of laws
reservations
the maintenance of an international order
conclusion. The amicable/judicial dichotomy: introduction
settlement of disputes in other international bodies
the features of amicable and judicial dichotomy
effectiveness
the relationship between amicable and judicial - opposing dichotomies. Conclusion. Appendices.