Books and Chapters from ICLA members

The following are among the books and chapters produced by ICLA members. Articles are not reflected here.

 

Self-Defence against Non-State Actors Volume 1 (Forthcoming)

 

self-defence-against-non-state-actors
by Mary Ellen O'Connell, Christian J. Tams & Dire Tladi

2019
Hardback: 978-1-107-19074-0
Paperback:
978-1-316-64112-5

ICLA contribution: Edited by Dire Tladi

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The Treaty on the Prohibition of Nuclear Weapons: A Commentary

 

treaty-on-prohibition-nuclear-weapons
by Stuart Casey-Maslen

2019
ISBN: 9780198830368

ICLA contribution: Edited by Stuart Casey-Maslen

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The Oxford Handbook of Gender and Conflict

 

oxford handbook gender conflict
Edited by Fionnuala Ní Aoláin, Naomi Cahn, Dina Francesca & Nahla Valji

2018
ISBN: 9780199300983

ICLA contribution: Chapter on ‘Unmanned Weapons: Looking for the Gender Dimension’ by Christof Heyns with Tess Borden

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Arcs of Global Justice: Essays in Honour of William A. Schabas

 

Arcs-of-Global-Justice
by Margaret M. deGuzman & Diane Marie Amann

2018
ISBN: 9780190272654

ICLA contribution: Chapter on ‘The right to life and the progressive abolition of the death penalty’ by Christof Heyns, Thomas Probert with Tess Borden

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Hague Law Interpreted: The Conduct of Hostilities under the Law of Armed Conflict

 

Hague-Law-Interpreted
Edited by Stuart Casey-Maslen & Steven Haines

2018
ISBN: 9781509921225

ICLA contribution: Edited by Stuart Casey-Maslen

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International Human Rights Law

 

international human rights law
Edited by Daniel Moeckli, Sangeeta Shah, and Sandesh Sivakumaran

2017
ISBN: 9780198767237

ICLA contribution: Chapter on ‘Protection: Africa’ by Christof Heyns with Magnus Killander

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Protocolo de Minnesota sobre la Investigación de Muertes Potencialmente Ilícitas

 

minnesota protocol-cover
Versión revisada del Manual de las Naciones Unidas sobre la Prevención e Investigación Eficaces de las Ejecuciones Extralegales, Arbitrarias o Sumarias

2017
ISBN: 978-92-1-354133-3

Colaborador de ICLA: Christof Heyns (El investigador principal)

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The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016)

 

minnesota protocol-cover
The Revised United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions

*Additional official UN translations in Arabic, Chinese, French and Russian will soon follow.

2017
ISBN: 978-92-1-154220-2

ICLA contribution: Lead researcher Christof Heyns

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Arabic Translation of The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016)

 

MinnesotaProtocol AR
The Revised United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions

*Additional official UN translations in Chinese, French and Russian will soon follow.

2017
ISBN: 978-92-1-654031-9
eISBN:  978-92-1-060585-4

ICLA contribution: Lead researcher Christof Heyns

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Police Use of Force under International Law

 

Police-Use-of-Force-under-International-Law
Edited by Stuart Casey-Maslen & Sean Connolly

2017
ISBN: 9781108186575

ICLA contribution: Written by Stuart Casey-Maslen

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The Pursuit of a Brave New World in International Law

Essays in Honour of John Dugard

 

The-Pursuit-of-a-Brave-New-World-in-International-Law
Edited by Tiyanjana Maluwa, Max du Plessis, and Dire Tladi

2017
ISBN: 9789004326187

ICLA contribution: Edited by Dire Tladi
Chapter on ‘Casting fresh light on the supreme right: The African Commission’s General Comment 3 on the right to life’ by Christof Heyns & Thomas Probert

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The United Nations Special Procedures System

 

The-United-Nations-Special-Procedures-System
Edited by Aoife Nolan, Rosa Freedman & Thérèse Murphy

2017
ISBN: 9789004304697

ICLA contribution: Chapter on ‘Special Procedures in the Digital Age’ by Thomas Probert with Ella McPherson

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Constitutional Adjudication in Africa

 

Constitutional-Adjudication-in-Africa
Edited by Charles M Fombad

2017
ISBN: 9780198810216

ICLA contribution: Edited by Charles M Fombad

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Democracy, Constitutionalism, and Politics in Africa

Historical Contexts, Developments, and Dilemmas

 

Democracy-Constitutionalism-and-Politics-in-Africa
by Eunice N. Sahle

2017
ISBN: 978-1-137-55592-2

ICLA contribution: Chapter on ‘Some Perspectives on Durability and Change Under Modern African Constitutions’ by Charles M Fombad

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The Arms Trade Treaty: A Commentary

 

the-arms-trade-treaty
by Andrew Clapham, Stuart Casey-Maslen, Gilles Giacca, and Sarah Parker

2016
ISBN: 9780198723523

ICLA contribution: Written by Stuart Casey-Maslen

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Compendium of key human rights documents of the African Union - Sixth Edition

 

2016 compendium key human rigths documents african union
Edited by Christof Heyns and Magnus Killander

2016
ISBN: 9780198759799

ICLA contribution: Edited by Christof Heyns with Magnus Killander

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The Separation of Powers in African Constitutionalism

 

Separation-of-Powers-in-African-Constitutionalism
Edited by Charles M. Fombad

2016
ISBN: 9780198759799

ICLA contribution: Edited by Charles M. Fombad

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The implementation of modern African Constitutions: Challenges and prospects

 

2016 implementation modern african constitutions challenges prospects
Edited by Charles M. Fombad

2016
ISBN:  978-1-920538-65-1

ICLA contribution: Edited by Charles M. Fombad

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Building the Constitution

The Practice of Constitutional Interpretation in Post-Apartheid South Africa

 

Building-the-Constitution
by James Fowkes

2016
ISBN: 9781316403853

ICLA contribution: Edited by James Fowkes

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Growing Democracy in Africa: Elections, Accountable Governance, and Political Economy

 

Growing-Democracy-in-Africa
Edited by Muna Ndulo & Mamoudou Gazibo

2016
ISBN:  978-1-4438-8547-8

ICLA contribution: Chapter on ‘The Expansion of Judicial Power in Africa and Democratic Consolidation: Opportunities, Challenges and Future Prospects’ by Charles Manga Fombad

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The War Report: Armed Conflict in 2013

 

the war-report
Edited by Stuart Casey-Maslen

2015
ISBN: 9780198724681

ICLA contribution: Edited by Stuart Casey-Maslen

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Weapons Under International Human Rights Law

 

Weapons-Under-International-Human-Rights-Law
Edited by Professor Gro Nystuen, Stuart Casey-Maslen & Annie Golden Bersagel

2015
ISBN: 978-1107538061

ICLA contribution: Edited by Stuart Casey-Maslen

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The War Report: 2012

 

the war-report-2012
Edited by Stuart Casey-Maslen

2014
ISBN: 9780199689088

ICLA contribution: Edited by Stuart Casey-Maslen

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Moving away from the death penalty: arguments, trends and perspectives

 

Moving-Away-from-the-Death-Penalty
United Nations

2014
ISBN: 9789210575898

ICLA contribution: Chapter on ‘The right to life and the progressive abolition of the death penalty’ by Christof Heyns & Thomas Probert

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Nuclear Weapons under International Law

 

nuclear weapons
Edited by Professor Gro Nystuen, Stuart Casey-Maslen & Annie Golden Bersagel

2014
ISBN: 978-1107042742

ICLA contribution: Edited by Stuart Casey-Maslen

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The Botswana Legal System

 

the-botswana-legal-system charles fombad
by Charles Manga Fombad

2013
ISBN: 9780409112849

ICLA contribution: Written by Charles manga Fombad

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Media Law in Botswana

 

Media-Law-in-Botswana -Charles-Manga-Fombad
by Charles Manga Fombad

2011
ISBN:  978-9041134448

ICLA contribution: Written by Charles Manga Fombad

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Books by ICLA

 

2018

The Oxford Handbook of Gender and Conflict

Edited by Fionnuala Ní Aoláin, Naomi Cahn, Dina Francesca & Nahla Valji

Chapter contribution: Christof Heyns and Tess Borden ‘Unmanned Weapons: Looking for the Gender Dimension’

2018
ISBN: 9780199300983
oxford handbook gender conflict

About the publication

Traditionally, much of the work studying war and conflict has focused on men. Men commonly appear as soldiers, commanders, casualties, and civilians. Women, by contrast, are invisible as combatants, and, when seen, are typically pictured as victims. The field of war and conflict studies is changing: more recently, scholars of war and conflict have paid increasing notice to men as a gendered category and given sizeable attention to women's multiple roles in conflict and post-conflict settings.

The Oxford Handbook of Gender and Conflict focuses on the multidimensionality of gender in conflict, yet it also prioritizes the experience of women, given both the changing nature of war and the historical de-emphasis on women's experiences. Today's wars are not staged encounters involving formal armies, but societal wars that operate at all levels, from house to village to city. Women are necessarily involved at each level. Operating from this basic intellectual foundation, the editors have arranged the volume into seven core sections: the theoretical foundations of the role of gender in violent conflicts; the sources for studying contemporary conflict; the conflicts themselves; the post-conflict process; institutions and actors; the challenges presented by the evolving nature of war; and, finally, a substantial set of case studies from across the globe. Genuinely comprehensive, this Handbook will not only serve as an authoritative overview of this massive topic, it will set the research agenda for years to come.

 

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Hague Law Interpreted

The Conduct of Hostilities under the Law of Armed Conflict

by Stuart Casey-Maslen, Steven Haines

2018
ISBN: 9781509921225
e-ISBN: 1509921222

Hague-Law-Interpreted

About the publication

Given the centrality of Hague Law to the prosecution and impact of armed conflict, the relative paucity of dedicated works is surprising. The general formulation of Hague Law rules is largely uncontroversial, but this clarity stands in stark contrast to their interpretation and practical application. How precisely, for instance, the fundamental rules of distinction and proportionality in attack are to dictate and constrain the planning and practice of warfare continues to be highly uncertain. This important new publication fills the gap in the literature. Offering a comprehensive survey of the Hague Law, it explores general questions of definitions and accountability, to the substantive rules and their application to different types of warfare.

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Arcs of Global Justice

Essays in Honour of William A. Schabas

by Margaret M. deGuzman & Diane Marie Amann

Chapter contribution: Christof Heyns, Thomas Probert & Tess Borden ‘The right to life and the progressive abolition of the death penalty’

2018
ISBN: 9780190272654

Police-Use-of-Force-under-International-Law

About the publication

Martin Luther King, Jr. once said 'the arc of the moral universe is long, but it bends toward justice.' Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century, from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape this half-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor.

This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment.

 

 

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2017

International Human Rights Law

Third Edition

Edited by Daniel Moeckli, Sangeeta Shah, and Sandesh Sivakumaran
Consultant Editor David Harris

2017
ISBN: 9780198767237

international human rights law

About the publication

Written by leading experts in the field, this compelling textbook explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making International Human Rights Law the ideal companion for students of human rights.

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The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016)

The Revised United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions

2017
ISBN: 978-92-1-154220-2 
eISBN: 978-92-1-060582-3

Police-Use-of-Force-under-International-Law

About the publication

The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016) is a set of international guidelines for the investigation of suspicious deaths, particularly those in which the responsibility of a State is suspected (either as a result of act or omission).

The original version of the Protocol, from 1991, was entitled the Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions. It was designed to support the implementation of the UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, which were endorsed by the United Nations in 1989. The Manual became known as the Minnesota Protocol because of the central role played by the Minnesota Lawyers International Human Rights Committee in its development. The use of the term ‘Protocol’ reflects the forensic medicine element of the document rather than its legal status. In 2016, after a two-year process of revision, the new version of Minnesota Protocol was finalized by an international group of experts convened by the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Office of the United Nations High Commissioner for Human Rights (OHCHR). The revised version was published by the OHCHR in 2017.

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Police Use of Force under International Law

by Stuart Casey-Maslen & Sean Connolly

2017
Online ISBN: 9781108186575
https://doi.org/10.1017/9781108186575

Police-Use-of-Force-under-International-Law

 About the publication

This work describes the international rules and standards governing the use of force by law enforcement agencies in a range of scenarios: against detainees, during protests, in counterterrorism and counterpiracy operations, as well as during everyday policing. Key trends, such as the growing use of private security services, are also considered. This book provides a human rights framework for police weaponry and protection of at-risk groups based on critical jurisprudence
from the last twenty years.

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The Pursuit of a Brave New World in International Law

Essays in Honour of John Dugard

by Tiyanjana Maluwa, Max du Plessis, and Dire Tladi

Chapter contribution: Christof Heyns & Thomas Probert ‘Casting fresh light on the supreme right: The African Commission’s General Comment 3 on the right to life’

2017
ISBN: 
9789004326187
eISBN:
9789004340077

 About the publication


The Pursuit of a Brave New World in International Law presents critical perspectives on various inter-related themes in the areas of human rights, international law, terrorism and international criminal justice. The discussions reflect the wide-ranging subjects that John Dugard has engaged with over the last five decades as an international law scholar, teacher and judge. The essays pay homage to Professor Dugard’s impressive body of work as both a theorist and practitioner of international law and international human rights law. While some of the discussions in the volume critically examine his views, as expressed in his academic writings, judicial opinions and official United Nations reports, others deal with subjects that have been inspired by or are related to Dugard’s work.

Contributors are: Neil Boister, Trevor P. Chimimba, James Crawford, David Dyzenhaus, Christopher Greenwood, Larissa van den Herik, Christof Heyns, Maurice Kamto, Tiyanjana Maluwa, Max du Plessis, Thomas Probert, Arnold Pronto, Philippe Sands, William A. Schabas, Ivan Shearer, Hennie Strydom, Mia Swart, Dire Tladi, Annemarieke Vermeer-Künzli and Abdulqawi Yusuf.

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The United Nations Special Procedures System

by Aoife Nolan, Rosa Freedman & Thérèse Murphy

Chapter contribution: Thomas Probert & Ella McPherson ‘Special Procedures in the Digital Age’

2017
ISBN:
9789004304697
eISBN:
9789004304703

 About the publication

The United Nations Special Procedures system is a key element of the evolving international framework for human rights protection and promotion. However, despite the system’s expansion, the range of roles and functions performed by mandate holders, and the mounting evidence of its strengths and limitations, there has been very little academic interrogation or analysis of Special Procedures. This lacuna is ever-more problematic given the growing profile and effectiveness of the Special Procedures’ work, as well as the increasing attention and challenges that they face, both externally from States and internally from within the UN system. Given the current ‘state of play’ of Special Procedures, it is essential that scholarly attention be focussed upon the system. How does it contribute to international human rights protection? How, when and why does it fail to do so? What steps can and should be taken to address shortcomings both within the system and in terms of the legal and political context within which it operates? Featuring expert contributions from key players within, and expert commentators on, the Special Procedures system, this volume addresses these questions in an in-depth and rigorous scholarly manner.

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Constitutional Adjudication in Africa

by Charles M Fombad

2017
ISBN: 
9780198810216

Constitutional Adjudication in Africa

About the publication

Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction, reconstruction, and maintenance. These developments appear, at least from the texts of the revised or new constitutions, to have resulted in fundamental changes in the nature and role of courts exercising jurisdiction in constitutional matters. The chapters in this second volume of the Stellenbosch Handbooks in African Constitutional Law series are the first to undertake a critical and comparative examination of the interplay of the diverse forms of constitutional review models on the continent.

Comparative analysis is particularly important given the fact that over the last two decades, constitutional courts in Africa have been asked to decide a litany of hotly-contested and often sensitive disputes of a social, political, and economic nature. As the list of areas in which these courts have intervened has grown, so too have their powers, actual or potential. By identifying and examining the different models of constitutional review adopted, these chapters consider the extent to which these courts are contributing to enhancing constitutionalism and respect for the rule of law on the continent. The chapters show how the long-standing negative image of African courts is slowly changing. The courts have in responded in different ways to the variety of constraints, incentives, and opportunities that have been provided by the constitutional reforms of the last two decades to act as the bulwark against authoritarianism, and this provides a rich field for analysis, filling an important gap in the literature of contemporary comparative constitutional adjudication.

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Democracy, Constitutionalism, and Politics in Africa

Historical Contexts, Developments, and Dilemmas

by Eunice N. Sahle

Chapter contribution: Charles M Fombad ‘Some Perspectives on Durability and Change Under Modern African Constitutions’

2017
ISBN: 978-1-137-55592-2

Democracy-Constitutionalism-and-Politics-in-Africa

About the publication

This volume explores contemporary political developments in various parts of Africa in the age of democracy, constitutionalism, the securitization of development, and global terrorism. The contributions by leading observers of constitutionalism and African politics in the context of a global political and economic system provide a nuanced understanding of important themes in contemporary African politics: constitutionalism, democratic politics and governance, women’s rights, the African Union, securitization of development, civil society, and debates concerning global terrorism and the war on terror. As such, it will be of great interest to scholars, civil society organizations, and public policy makers interested in contemporary African politics.

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2016

The Arms Trade Treaty

A Commentary

by Andrew Clapham, Stuart Casey-Maslen, Gilles Giacca, and Sarah Parker

2016
ISBN: 9780198723523

the-arms-trade-treaty

About the publication

The United Nations Arms Trade Treaty became binding international law in late 2014, and although the text of the treaty is a relatively concise framework for assessing whether to authorize or deny proposed conventional weapons transfers by States Parties, there exists controversy as to the meaning of certain key provisions. Furthermore, the treaty requires a national regulatory body to authorize proposed transfers of conventional weapons covered by the treaty, but does not detail how such a body should be established and how it should effectively function. The Arms Trade Treaty: A Commentary explains in detail each of the treaty provisions, the parameters for prohibitions or the denial of transfers, international cooperation and assistance, and implementation obligations and mechanisms. As states ratify and implement the Treaty over the next few years, the commentary provides invaluable guidance to government officials, commentators, and scholars on the meaning of its contentious provisions. This volume describes in detail which weapons are covered by the treaty and explains the different forms of transfer that the Arms Trade Treaty regulates. It covers international human rights, trade, disarmament, humanitarian law, criminal law, and state-to-state use of force, as well as the application of the treaty to non-state actors.

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2016

Compendium of key human rights documents of the African Union - Sixth Edition

Edited by Christof Heyns and Magnus Killander

2016
ISBN: 978-1-920538-55-2

2016 compendium key human rigths documents african union

About the publication

This is the sixth edition of the Compendium of key human rights documents of the African Union updated to August 2016. This compendium contains documents on human rights adopted under the auspices of the African Union (AU) and its predecessor, the Organization of African Unity (OAU), including documents adopted by the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights and the African Committee on the Rights and Welfare of the Child.

Due to space constraints only extracts are reprinted of many of the documents. This compendium is by no means comprehensive but includes some key documents of relevance for students of the African human rights system and others interested in its functioning. Extracts from documents related to the New Partnership for Africa’s Development (NEPAD) and the African Peer Review Mechanism (APRM) reprinted in previous editions of this compendium have been left out of this edition. 

For comprehensive coverage of human rights law in Africa, see www.chr.up.ac.za and the web sites listed at the end of this compendium. The assistance of Frans Viljoen and Lizette Hermann in preparing this edition of the compendium and the financial support of the Norwegian government for its printing is gratefully acknowledged. 

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La justice constitutionnelle

Actes du colloque international de l'ANDL

Sous la direction de Oumarou Narey

2016
ISBN: 978-2-343-09184-6

Democracy-Constitutionalism-and-Politics-in-Africa

A propos de la publication

Le thème de "La justice constitutionnelle" comporte plusieurs ramifications, notamment celles liées à la notion et ses différentes conceptions, à l'organisation concrète, au contexte et aux conditions de sa mise en œuvre et, d'un point de vue substantiel, à la qualité du corpus jurisprudentiel issu de l'intervention du juge. La variété des questions traitées au cours des sept sessions d'échanges et l'approche progressive du sujet traduisent la richesse du thème.

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Separation of Powers in African Constitutionalism

by Charles M Fombad

2016
ISBN: 
9780198759799

Separation-of-Powers-in-African-Constitutionalism

About the publication

The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent.

Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

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The implementation of modern African Constitutions: Challenges and prospects

by Charles Manga Fombad

2016
ISBN: 978-1-920538-65-1

PThe implementation of modern African Constitutions: Challenges and prospects

About the publication

In “The implementation of modern African Constitutions: challenges and prospects”, the authors try to identify obstacles to constitutional implementation in Africa and, on the basis of good practice, assess how this could be overcome. A single volume like this cannot unravel the complexity of the causes and effects of, and solutions to, the problem of non-implementation of constitutions in Africa: the subject is far too intricate. Nevertheless, this study, represents a first attempt to draw attention to the issue, and hopes to open a serious debate about it and pave the way for making this issue an integral consideration in constitution-building in the future. The variety of perspectives provided in analysing the challenges to constitution-implementation in this volume should make it to appeal to academics, practitioners, policy makers and postgraduate research students interested in the intricacies of comparative African constitutional law.

 

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Growing Democracy in Africa: Elections, Accountable Governance, and Political Economy

by Muna Ndulo & Mamoudou Gazibo

Chapter contribution: Charles M. Fombad ‘The Expansion of Judicial Power in Africa and Democratic Consolidation: Opportunities, Challenges and Future Prospects’

2016

ISBN:  978-1-4438-8547-8
eISBN:  
1-4438-8547-9

Growing-Democracy-in-Africa

About the publication

What is the state of governance in sub-Saharan Africa? Is it possible to identify the best practices and approaches to establishing political systems that promote accountability, transparency, peace, and civic space for all? These are the questions addressed in this book.

While the concept of governance is considered to be central to political science, our understanding of it is still imprecise, with extant studies focused primarily either on think-tank indicators, economic management, or political studies of democratization. This book critically examines the record on democratization in Africa thus far, and seeks a new, integrated, focused approach to the study of governance.

Such an approach requires revisiting the concept of governance itself, with emphasis on certain decisive components and critical issues. Considered in a democratic framework, the concept of governance can be employed to cast light on accountability issues in several arenas, four of which are considered in detail in this volume: institutions and the rule of law; constitution-making, elections, and political conflict settlement; distribution of power and citizenship; and political economy and corruption. Each contribution offers particular insights in one of these arenas.

With a huge and varied continent in rapid flux to study, the sheer amount and variety of interesting new research is enormous. It is expected that the discussions contained herein and the various challenges, achievements, and lessons outlined will contribute to research, inform teaching, and lead to a greater understanding of the issues of democratic consolidation and economic development in Africa.

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2015

The War Report

Armed Conflict in 2013

Edited by Stuart Casey-Maslen

2015
ISBN: 9780198724681

the war-report

 About the publication

This War Report provides detailed information on every armed conflict which took place during 2013, offering an unprecedented overview of the nature, range, and impact of these conflicts and the legal issues they created. 

In Part I, the Report describes its criteria for the identification and classification of armed conflicts under international law, and the legal consequences that flow from this classification. It sets out a list of armed conflicts in 2013, categorizing each as international, non-international, or a military occupation, with estimates of civilian and military casualties. In Part II, each of the 28 conflicts identified in Part I are examined in more detail, with an overview of the belligerents, means and methods of warfare, the applicable treaties and rules, and any prosecutions for, investigations into, or robust allegations of war crimes. 

Part III of the Report provides detailed thematic analysis of key legal developments which arose in the context of these conflicts, allowing for a more in-depth reflection on cross-cutting questions and controversies. The topics under investigation in this Report include US policy on drone strikes, the use of chemical weapons in Syria, the protection of persons with a disability, and national and international war crimes trials.

The Report gives a full and accessible overview of armed conflicts in 2013, making it the perfect first port of call for everyone working in the field.

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Weapons Under International Human Rights Law

Edited by Stuart Casey-Maslen

2015
ISBN: 978-1107538061
e-ISNB: 1107538068

Weapons-Under-International-Human-Rights-Law

 About the publication

International human rights law offers an overarching international legal framework to help determine the legality of the use of any weapon, as well as its lawful supply. It governs acts of States and non-State actors alike. In doing so, human rights law embraces international humanitarian law regulation of the use of weapons in armed conflict and disarmament law, as well as international criminal justice standards. In situations of law enforcement (such as counterpiracy, prisons, ordinary policing, riot control, and many peace operations), human rights law is the primary legal frame of reference above domestic criminal law. This important and timely book draws on all aspects of international weapons law and proposes a new view on international law governing weapons. Also included is a specific discussion on armed drones and cyberattacks, two highly topical issues in international law and international relations.

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2014

Nuclear Weapons under International Law

By Professor Gro Nystuen, Stuart Casey-Maslen & Annie Golden Bersagel

2014
ISBN: 978-1107042742
e-ISBN: 1107042747

nuclear weapons

 About the publication

Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.

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The War Report

2012

Edited by Stuart Casey-Maslen

2014
ISBN: 9780199689088

the war-report-2012

 About the publication

This is a comprehensive Report on every armed conflict which took place during 2012. It is the first of a new series of annual reports on armed conflicts across the globe, offering an unprecedented overview of the nature, range, and impact of these conflicts and the legal issues they create.

In Part I the Report describes its criteria for the identification and classification of armed conflicts under international law, and the legal consequences that flow from this classification. It sets out a list of armed conflicts in 2012, categorising each as international, non-international, or a military occupation, with estimates of civilian and military casualties. In Part II, each of these conflicts are examined in more detail, with an overview of the belligerents, means and methods of warfare, the applicable treaties and rules, and any prosecutions for, investigations into, or robust allegations of war crimes.

Part III of the Report provides detailed thematic analysis of key legal developments which arose in the context of these conflicts, allowing for a more in-depth reflection on cross-cutting questions and controversies. The topics under investigation in this Report include drone strikes, the use of explosive weapons, small arms, forced displacement of civilians, detention at Guantanamo Bay, and the enforcement of international humanitarian and criminal law in both national and international courts.

The Report gives a full and accessible overview of armed conflicts in 2012. It should be the first port of call for everyone working in the field.

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Moving away from the death penalty : arguments, trends and perspectives

United Nations

Chapter contribution: Christof Heyns & Thomas Probert ‘The right to life and the progressive abolition of the death penalty’

2014
ISBN: 9789210575898

the-botswana-legal-system charles fombad

 About the publication

Capital punishment is irrevocable. It prohibits the correction of mistakes by the justice system and leaves no room for human error, with the gravest of consequences. There is no evidence of a deterrent effect of the death penalty. Those sacrificed on the altar of retributive justice are almost always the most vulnerable. This book covers a wide range of topics, from the discriminatory application of the death penalty, wrongful convictions, proven lack of deterrence effect, to legality of the capital punishment under international law and the morality of taking of human life.

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2013

The Botswana Legal System

by CM Fombad & EK Quansah

2013
ISBN: 9780409112849
eISBN: 9780409119121

the-botswana-legal-system charles fombad

 About the publication

This book has grown out of the experiences of years of teaching introductory courses in law, to both law and non-law students here in Botswana and in other countries. Although it builds on EK Quansah's earlier mimeograph, Introduction to the Botswana legal system, this book is specifically written as a comprehensive textbook that targets law and non-law students as well as anyone concerned with the operation of the law.

Structurally, it is divided into five parts. Part I provides a general introduction to the nature and functions of the law as well as a brief outline of the major legal systems that operate in the world today. Part II contains a detailed account on the background to the present legal system in Botswana and then identifies the different sources of law that are applied in the courts in the country. Part III examines the various courts in the country as well as the different categories of legal personnel who are involved in the administration of justice in the country. Part IV deals with the enactment and interpretation of statutes. The final part discusses some of the crucial issues that have troubled students when tackling law examinations and also examines some of the key issues in writing a good legal essay and legal research paper.

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2011

Media Law in Botswana

by Charles Manga Fombad

2011

ISBN:  978-9041134448
eISBN: 
9041134441

Media-Law-in-Botswana -Charles-Manga-Fombad

About the publication

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.

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