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Building upon the growing body of scholarship on the factors and
actors that influence the extent to which states implement human
rights law, this cutting-edge Research Handbook takes an
interdisciplinary approach to exploring the roles of actors within
supranational human rights bodies, the decisions and judgements
they make, and the tools they use to facilitate human rights
implementation. Eminent scholars and practitioners in the field
reflect on why states implement, or fail to implement, obligations
and decisions from the supranational level. The Research Handbook
reviews the relevant terminology, recent trends, and the
theoretical and methodological perspectives and strategies, before
rethinking these explanations and offering original scholarship on
human rights implementation. Chapters then consider the roles and
interplay of various domestic and international actors involved in
human rights implementation, including parliaments, national
courts, civil society and treaty bodies. The Research Handbook
concludes by assessing tools of implementation, including
monitoring systems, the role of negotiations and diplomacy,
compliance hearings, and the use of IT for compliance. Exploring
the entire process of human rights law implementation from
recommendation to execution to follow up, this comprehensive
Research Handbook will be an invaluable resource to students,
scholars and practitioners interested in the decisions and
judgements behind the implementation of human rights law.
This book examines the concepts of corporate social responsibility
(CSR) in the context of globalisation and its many challenges,
focusing on different legal perspectives that arise. Particular
problems presented include the varied definitions of CSR and the
related dilemmas of opting for a self-regulatory approach or a
greater level of external regulatory control. The roles of the
state and the market and how they interrelate are considered in
this book against a background of increased intervention by
international institutions. The potential contribution of
individual citizens and non-governmental organisations towards
achieving a socially and environmentally responsible business
behaviour is also given attention. These issues are of special
concern in an era that calls for different political and regulatory
activities than have been exploited traditionally. Highlighting the
central importance of law, legal systems and the role of lawyers to
the debate on CSR, this book will be of great interest to academics
and policymakers. It will also appeal to students in law,
especially company law, commercial law, and international law.
Argues for the importance of insects to modernism's formal
innovations Uses the idea of the insect as a key to modernist
writers' engagement with questions of politics, psychology, life,
and literary form Provides in-depth analysis of lesser-known
modernist narratives, such as H.D.'s Asphodel and Lewis's Snooty
Baronet, as well as new readings of canonical texts - including D.
H. Lawrence's Lady Chatterley's Lover and Samuel Beckett's Trilogy
Explores the influence of popular scientific writing on modernist
aesthetics Reveals the attentiveness of modernist writers to
nonhuman life, thus forging new lines of connection between
modernism and literary animal studies Focusing on the writing of
Wyndham Lewis, D. H. Lawrence, H.D. and Samuel Beckett, this book
uncovers a shared fascination with the aesthetic possibilities of
the insect body - its adaptive powers, distinct stages of growth
and swarming formations. Through a series of close readings, it
proposes that the figure of the exoskeleton, which functions both
as a protective outer layer and as a site of encounter, can enhance
our understanding of modernism's engagement with nonhuman life, as
well as its questioning of the boundaries of the human.
Focusing on the writing of Wyndham Lewis, D. H. Lawrence, H.D. and
Samuel Beckett, this book uncovers a shared fascination with the
aesthetic possibilities of the insect body its adaptive powers,
distinct stages of growth and swarming formations. Through a series
of close readings, it proposes that the figure of the exoskeleton,
which functions both as a protective outer layer and as a site of
encounter, can enhance our understanding of modernism's engagement
with nonhuman life, as well as its questioning of the boundaries of
the human.
This is the second volume of Documents of the African Commission on
Human and Peoples' Rights published by Hart Publishing (Volume I,
1999, ISBN:9781841130927). The second volume includes the key
documents published between 1998 and 2007. Once again the aim of
the work is to provide not only the basic documents, but also the
less well known material related to the jurisprudence emanating
from the consideration of communications. This volume therefore
includes, amongst other material, the most recent activity reports
adopted by the Commission, resolutions, and final communiques from
the sessions. Together with Volume I this is the most comprehensive
available set of documents on the African Commission, and will be
an essential reference for academics, students, and practitioners.
Fourteen years since its establishment,the work of the African
Commission on Human and Peoples' Rights has not received the
attention that should have been paid to its important contributions
towards the promotion and protection of human rights in Africa. The
aim of this publication is to provide not only the basic documents,
but also the less well known material related to the jurisprudence
emanating from the consideration of communications. This volume
therefore includes, amongst other material, the twelve activity
reports adopted by the Commission, resolutions, and final
communiques from the sessions. This is the first attempt to
reproduce comprehensively the many documents of the Commission
adopted since its inception in 1987. It will be an essential
reference for academics, students, and practitioners. The
publication is produced in collaboration with the African Society
for International and Comparative Law, the Centre for Human Rights
at the University of Pretoria and Interights in London.
An 'implementation crisis' has been identified in the enforcement
of rulings of UN and regional human rights bodies, and fundamental
but crucial questions remain unanswered: what exactly does it mean
to implement and comply with international and regional human
rights decisions, and what factors influence whether a state
implements and complies or not? Much more is now known about the
work of the African Commission on Human and Peoples' Rights, but a
gap still exists in the literature on the implementation of the
findings of the Commission. This book draws upon the data and
evaluation from a four-year research project, analysing the range
of pronouncements of the African Commission, including its
decisions on individual communications, provisional measures,
resolutions, and promotional and protective mission reports. It
investigates the extent to which states implement these findings
and examines how that implementation is monitored by others.
National Human Rights Institutions (NHRIs), defined by the UN as
bodies established to promote and protect human rights, have
increased in number since the General Assembly adopted principles
governing their effectiveness in 1993. The UN and others have
encouraged states to set up such institutions as an indication of
their commitment to human rights, and now over 20 such institutions
exist in Africa and many more will follow. These institutions have
taken various forms including ombudsmen, commissions, or a
combination of the two. They differ in terms of how they are
established; some by constitution, some by legislation and some by
decree. These NHRIs have varying functions, usually both
promotional and protective, such as giving advice to government,
parliament, and others, making recommendations on compliance with
human rights standards, awareness raising, and analysis of law and
policy. Despite the considerable variations in the method of their
creation, powers and composition, most of these institutions have
chosen or indeed been mandated, to become involved in international
and regional fora. This book examines these institutions in the
African region, the way in which they use the international and
regional fora, the effectiveness of their contributions and how
they are able to participate.
The Principles relating to the Status of National Institutions (the
Paris Principles) were adopted by National Human Rights
Institutions (NHRIs) and endorsed by both the UN General Assembly
and Human Rights Commission. Since their adoption, they have become
the standards applicable to these institutions with a mandate to
promote and protect human rights. This book offers a complete study
of the Paris Principles, which includes an appraisal of their
establishment, evolution and potential for the future; a
comprehensive commentary on each provision; and a practical guide
to their interpretation, including the implications they have for
the implementation of the competencies of NHRIs. This is the first
book to thoroughly analyse the Paris Principles and will be
essential reading for a global audience of both practitioners
working for NHRIs and the UN as well as human rights scholars.
An 'implementation crisis' has been identified in the enforcement
of rulings of UN and regional human rights bodies, and fundamental
but crucial questions remain unanswered: what exactly does it mean
to implement and comply with international and regional human
rights decisions, and what factors influence whether a state
implements and complies or not? Much more is now known about the
work of the African Commission on Human and Peoples' Rights, but a
gap still exists in the literature on the implementation of the
findings of the Commission. This book draws upon the data and
evaluation from a four-year research project, analysing the range
of pronouncements of the African Commission, including its
decisions on individual communications, provisional measures,
resolutions, and promotional and protective mission reports. It
investigates the extent to which states implement these findings
and examines how that implementation is monitored by others.
The African Charter of Human and Peoples' Rights came into force in
1986, and is unique in that it lacks a precedent. However, little
scholarship exists analysing it as an operational system in
practice. The success of the first edition of this book led to this
updated 2008 second edition. Contributors include experts who have
been actively involved in the implementation of the Charter -
commissioners, NGOs and academics. Offering a detailed evaluation
of the Charter as a mechanism for the promotion and protection of
human rights in Africa, the contributions cover the Charter's
reporting system, the interpretation of different rights by the
Commission, the prospects for the African Court on Human and
Peoples' Rights and the role of NGOs. This authoritative and
comprehensive volume will interest lawyers acting for government
and non-governmental organisations, as well as academics and
postgraduates.
The African Charter of Human and Peoples' Rights came into force in
1986, and is unique in that it lacks a precedent. However, little
scholarship exists analysing it as an operational system in
practice. The success of the first edition of this book has led to
this updated second edition. Contributors include experts who have
been actively involved in the implementation of the Charter -
commissioners, NGOs and academics. Offering a detailed evaluation
of the Charter as a mechanism for the promotion and protection of
human rights in Africa, the contributions cover the Charter's
reporting system, the interpretation of different rights by the
Commission, the prospects for the African Court on Human and
Peoples' Rights and the role of NGOs. This authoritative and
comprehensive volume will interest lawyers acting for government
and non-governmental organisations, as well as academics and
postgraduates.
This work examines the role of the Organization of African Unity,
now the African Union, and how it has dealt with human rights since
its inception in 1963. It considers the role of its main
institutions both under the OAU and its transformation recently
into the African Union. The book is divided into chapters examining
various themes including the rights of women, the rights of the
child, the concept of democracy and the right to development.
Written by a leading human rights scholar, this book is essential
reading for lawyers acting for African states, and for foreign
governments and NGOs active in Africa, as well as being of interest
to international and comparative human rights scholars.
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 amicable
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. In addition to making an important contribution to legal
scholarship on the subject of the Commission this book will serve
as a reference work, a textbook and an invaluable practitioners
tool. "Dr Murray shows a depth of knowledge, a sensitivity in
understanding and a passion for the advancement of human rights in
Africa. The book makes a contribution to scholarship on the work of
the African Commission which has not been widely acknowledged". N
Barney Pityana, Member African Commission on Human and Peoples'
Rights TABLE OF CONTENTS 1 Theoretical Issues 2 Evolution of the
African Charter and status of Ratification 3 The Notion of the
State 4 The Issue of Personality 5 The Dichotomy of Laws Applicable
in Times of War and Peace 6 The Amicable/Judicial Dichotomy 7
Conclusion Appendices I - VIII
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