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Extraterritorial Human Rights Obligations from An African
Perspective addresses the often neglected question of whether
African regional human rights instruments impose extraterritorial
obligations on State parties, and if so, the extent and scope of
these obligations.The prevalence of extraterritorial violations of
human and peoples' rights in the African system, due to the actions
or omissions of African as well as non-African states, has not gone
unnoticed. Strengthening extraterritorial obligations in Africa is
an urgent necessity to ensure a rights-based African regional order
that seeks to address, among other issues, challenges stemming from
globalisation, accountability for human rights violations in Africa
where a third state or entity (as well as an intergovernmental
organisation) is involved, and to ensure respect and protection of
the human rights of future generations. With the increasing
quasi-judicial and judicial scrutiny of the extraterritorial reach
of human rights and states duties, at both international and
regional levels, including from the African Commission, the African
region is ripe for extraterritorial analysis.Extraterritoriality is
an emerging concept in the context of international human rights
law, and has generally not been the focus of many books, and less
so in the African context. This book is therefore among the first
book of its kind providing the reader with a unique perspective on
this important topic.
International human rights law has only recently concerned itself
with water. Instead, international water law has regulated the use
of shared rivers, and only states qua states could claim rights and
bear duties towards each other. International human rights law has
focused on its principal mission of taming the powers of a state
acting territorially. Takele Soboka Bulto challenges the
established analytic boundaries of international water law and
international human rights law. By demonstrating the potential
complementarity between the two legal regimes and the ensuing
utility of regime coordination for the establishment of the human
right to water and its extraterritorial application, he also shows
that human rights law and the international law of watercourses can
apply in tandem with the purpose of protecting non-national
non-residents in Africa and beyond.
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