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11. (Re)Invigorating the World Health Organization's Governance of Health Rights: Repositing an Evolving Legal Mandate, Challenges and Prospects

Author:
William Onzivu
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
State centred discourse on international law and human rights often diminishes the obligations of global health institutions in international law to advance health related human rights and as sites for the progressive development and implementation of health rights. The constitution of the World Health Organization (WHO) provides an expansive role for human rights protection and promotion in realizing public health, but WHO has faced hurdles in effectively carrying out this role. Current scholarship continues to underscore the normative challenges facing WHO concerning its limited use of international law including human rights to promote health. This article goes a step further and explores the evolving international legal and institutional basis for WHO's future direction in strengthening the governance of human rights. It revisits WHO's evolving and expanding human rights mandate, challenges and prospects within WHO law, the broader United Nations law, policy and practice as well as general international law. Despite the limitations, WHO has evolving institutional mechanisms rooted in international law that comprise a pivotal site for human rights normative and operational work at the global, regional and domestic levels. The article examines these mechanisms and suggests concrete ways and options in which WHO can advance health rights.
Topic:
Human Rights, International Law, United Nations, and World Trade Organization

12. From Sympathy to Reparation for Female Victims of Sexual Violence in Armed Conflicts

Author:
Chile Eboe-Osuji
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
There is a newfound momentum in international law for reparation for the victims of gross violations of human rights. This momentum has been largely hortative in resonance than actual. The slow progress in translating that desire into tangible, effective reparation programmes is partly attributable to the absence of coherent theoretical bases – especially palatable ones – for reparation in particular cases. It is submitted, however, that in canvassing the theories of reparation, the driving consideration must always remain the interests of victims and not the intellectual satisfaction of knowledgeable and well-meaning experts. The most erudite rationalization of the idea of reparation will be of no consequence if it does not, in practice, assist in improving the lives of the victims. While, it is important always to keep in view the fault-based theories of reparation, it is also advisable to consider the utility of employing the no-fault-based rationale for achieving the aim of reparation when the party at fault is either unavailable or unable to make reparation at all or in full. Hence, guidance might be had to the gratis model of reparation employed in many domestic jurisdictions to make some compensation to victims of violent crimes.
Topic:
Human Rights and International Law

13. Muslim Family Law in Sub-Saharan Africa: Colonial Legacies and Post-colonial Challenges

Author:
Muhammed Haron
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
Shamil Jeppie, Ebrahim Moosa and Richard Roberts (Eds.), Muslim Personal Law in Sub-Saharan Africa: Colonial Legacies and Post-Colonial Challenges. Amsterdam: Amsterdam University Press, 2010. ISBN: 978 90 8964 172 4, 388 pp.
Topic:
Islam and Law
Political Geography:
Africa

14. Amending the Constitution of the Federal Republic of Nigeria 1999

Author:
Nat Ofo
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
The amendment of the Constitution of the Federal Republic of Nigeria 1999 has not been free of controversies. The latest controversy dogging the amendment relates to whether or not it is necessary for the President to assent to the Bill of the National Assembly amending the Constitution, even after the amendment has been ratified by at least two-thirds of the Houses of Assembly of the States of the Federation. There are two schools of thought on this issue; each with sound arguments in support of their respective position. A dispassionate and realistic consideration of the issue has been undertaken in this article. The conclusion is reached that the provision of the constitution dealing with its amendment is not free from ambiguity. Its lack of clarity on its amendment procedure has made it obviously in dire need of amendment. Consequently, necessary suggestions on how to resolve the issues, including the amendment of the amendment-provision of the constitution have been proffered.
Political Geography:
Nigeria

15. Minorities in Postcolonial Transitions: The Ndebele in Zimbabwe

Author:
Khanyisela Moyo
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
This article argues that there is a legal and political basis for attending to concerns of ethnic minorities in postcolonial transitions. If left unattended, this issue may prompt members of minority groups to resort to preservative measures, including violence to the detriment of the security which is a fundamental objective of the transition. This reaction is often generated by an axiomatic fear of assimilation. The case of the Ndebele of Zimbabwe illustrates this. The article's position is confirmed by post-colonial state practice that implements minority rights and accords affected groups a right to self-determination or autonomy in tandem with liberal democratic reforms.
Topic:
Security and Reform
Political Geography:
Zimbabwe

16. Corruption and the Rule of Law in Sub-Saharan Africa

Author:
Stuart S. Yeh
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
The World Bank and IMF attribute underdevelopment in sub-Saharan Africa to the practice of directing economic activity through centralized planning. They prescribe privatization and economic liberalization to restructure African economies, promote competition, reduce the scope for corruption, and promote good governance. However, inadequate checks on political power permit African elites to subvert these reforms. This article reviews the political economy of sub-Saharan countries as well as a case study of Sierra Leone to illustrate the problem. The analysis suggests the need for an international agency such as the UN to provide the capacity to investigate, expose and check corruption by employing UN inspectors who are immune to pressure from powerful African elites. This type of check on corruption is necessary to promote the rule of law in sub-Saharan Africa.
Topic:
Economics, United Nations, and Law
Political Geography:
Africa

17. Preventing and Responding to Atrocity Crimes in Africa: Interrogating the African Response in Darfur

Author:
Vincent O. Nmehielle
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
There has been much scholarly and public debate regarding whether the ongoing atrocities in Darfur constitute “genocide”. This article posits that, irrespective of the description given to the mass atrocities taking place in the Sudan, there needs to be a more formidable response and intervention by the world community. As part of this, the author examines the African Union (AU) engagement with the Darfur crisis, within the context of Sudan's membership in the AU. Contending that Darfur is the first litmus test of how the AU is different from its predecessor, the Organization of African Unity, he argues that Darfuris would only realize the benefits of the new regional body if perpetrators of egregious human rights violations are brought to justice.
Political Geography:
Africa and Sudan

18. Publisher's Note

Publication Date:
01-2011
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
We are pleased to announce that as of Volume 4, Issue 1, 2011, the African Journal of Legal Studies (AJLS), will be published by Martinus Nijhoff. AJLS, a peer-reviewed and interdisciplinary journal, began in 2004 as an online publication under the auspices of The Africa Law Institute, and the editorship of its president, Charles Jalloh. the six issues which comprise the back volumes of the Journal, (Vols. 1-3) are now available online and free of charge at: brill.nl/ajls. Subscribers wishing to receive these issue in print should contact the Publisher; a fee will be charged for this service. AJLS accepts online submission only, using Editorial Manager (EM), an online submission and peer review tracking system which is currently used worldwide by over 3000 journals. Editorial Manger allows authors to track the progress of their submission online. Via the EM website for the Journal, authors are guided step-by-step through the submission process. The system automatically converts all source files of the article to a single pdf that is then used in the peer-review process. All correspondence between editors, authors and reviewers proceeds via e-mail. We are confident that this will greatly facilitate the process of submission, peer review and final publication and kindly invite you to register online at: editorialmanager.com/ajls.
Topic:
Law

19. Editorial

Author:
Charles C. Jalloh
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
On behalf of the Editorial Board, I am pleased to present issue 4.1 of the African JournalofLegal Studies (AJLS) under a new and exciting partnership with Martinus Nijhoff, the renowned Dutch publisher. On the occasion of our first print edition, I would like to express my most sincere gratitude to all the authors who have submitted manuscripts to A]LS for publication consideration. This special issue on international criminal law aims to contribute to, and to further stimulate, the growing debate on the place and nature of international criminal accountability for all those bearing the greatest responsibility for international crimes in Africa's numerous contemporary conflicts. While unable to accept every submission, the three peer-reviewed articles selected for this first print issue of the journal confirm the original thinking and high quality we are confident will continue to be this journal's hallmark. Consistent with our new partnership, the journal is pleased to announce that we will publish three issues. We also inaugurate a new look both in our electronic and print formats. Electronically, arrangements are now in place for all the journal's back issues as well as our new content to be available on our new website at brill.nl/ajls. We hope that the many databases associated with Martinus Nijhoff will give our published contents and authors truly global circulation in this age of Internet, Facebook and Twitter.
Topic:
Law
Political Geography:
Africa

20. Assessing the African Union Concerns about Article 16 of the Rome Statute of the International Criminal Court

Author:
Dapo Akande, Charles C. Jalloh, and Max du Plessis
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
This article assesses the African Union's (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU's repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The Council's failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and surrender of the Sudanese leader. Given the AU's continued concerns, and the current impasse, fundamental questions have arisen about the Council's authority to exercise, or not exercise, its deferral power. This culminated into a November 2009 African proposal for an amendment to the Rome Statute to empower the UN General Assembly to act should the UNSC fail to act on a deferral request after six months. Although ICC States Parties have so far shown limited public support for the AU's proposed amendment to the deferral provision, this article examines its merits because a failure to engage the “Article 16 problem” could impact international accountability efforts in the Sudan, and further damage the ICC's credibility in Africa. This unresolved issue also has wider significance given that the matters underlying the tension ‐ how ICC prosecutions may be reconciled with peacemaking initiatives and the role and power of the Council in ICC business ‐ will likely arise in future situations from around the world.
Topic:
United Nations
Political Geography:
Africa and Sudan