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Fundamental Issues And Practical Challenges Of Human Rights In The Context Of The African Union, Moussa Samb Aug 2010

Fundamental Issues And Practical Challenges Of Human Rights In The Context Of The African Union, Moussa Samb

Annual Survey of International & Comparative Law

This paper starts with an overview of the legal issues of the African human rights system. Then, it discusses the main human rights issues and challenges which confront the African system, as democracy, human rights during conflict and development issues. It ends with a brief discussion on a minimal core approach to social and economic rights.


The African Charter On Human And Peoples' Rights: Suggestions For More Effectiveness, U. O. Umozurike Aug 2010

The African Charter On Human And Peoples' Rights: Suggestions For More Effectiveness, U. O. Umozurike

Annual Survey of International & Comparative Law

This paper examines some of the problems of the African Commission, and its shortcomings, all of which gave room for the criticism and, more importantly, suggestions for the greater effectiveness of the Commission. The moderate achievements of the Commission are complicated by what appears to be some doubt about its desirability. The European Commission has been abolished and its functions merged with those of the European Court after it had functioned only long enough to develop human rights standards in Europe. The African Commission has existed for twenty years with inadequate resources and personnel. It is not even mentioned in …


Universal Human Rights: A Generational History, Eric Engle Aug 2010

Universal Human Rights: A Generational History, Eric Engle

Annual Survey of International & Comparative Law

Human rights are universal. Not in the sense of being the same positive laws, at all times and places, but rather as being aspirational goals, at all times and places, and also as containing core values which are indeed universal, such as the right to life (no irrational deprivation of life). Histories of human rights usually propose that the concept has evolved through at least three separate historical waves. This historical account, while roughly accurate, must be clarified as a theoretical construction which corresponds only partially to the historical reality: the rights of women and of non-white persons, in fact, …


The Case For Intervention In The Humanitarian Crisis In The Sudan, Leilani F. Battiste Aug 2010

The Case For Intervention In The Humanitarian Crisis In The Sudan, Leilani F. Battiste

Annual Survey of International & Comparative Law

The humanitarian crisis in Darfur presents one of the greatest challenges to the international community since the coordinated massacre of over 800,000 people in Rwanda in 1994. The mass murder of national, ethnic and tribal groups at the hands of both the Sudanese Government and the pro-Arab, government-backed militias, known as the janjaweed, is deemed responsible for the deaths of tens of thousands of black Sudanese in the region. Despite the unmistakable tragedy that has occurred and continues to occur, the international community has utterly failed to respond. Debate over whether the term "genocide" should be used to describe the …


Human Rights And Sharia'h Justice In Nigeria, M. Ozonnia Ojielo Aug 2010

Human Rights And Sharia'h Justice In Nigeria, M. Ozonnia Ojielo

Annual Survey of International & Comparative Law

This article examines the introduction of Sharia'h law in northern Nigeria, both in regard to the fundamental legal provisions of the Nigeria constitution and also as to the international rights conventions to which Nigeria is a signatory. The relationship between the new Sharia'h laws enacted in all 19 northern Nigerian states and the human rights provisions in the 1999 Constitution will be examined under five parameters: the general constitutional provision, protection of freedom of religion the federal status of Nigeria the Islamic state issue, and the politics of the Sharia'h law debate. The Zarnfara state law will be used as …


Towards An African Court Of Human Rights: Structuring And The Court, Vincent O. Orlu Nmehielle Aug 2010

Towards An African Court Of Human Rights: Structuring And The Court, Vincent O. Orlu Nmehielle

Annual Survey of International & Comparative Law

The purpose of this paper is to argue the need for an African Court of Human Rights if African states truly wish to maintain an African human rights mechanism. In other words, for an effective African regional human rights protection and enforcement mechanism to exist, the African system must be made more effective and supplemented with a court of human rights. The proposal for an African Court of Human Rights will require an amendment of the Charter by a treaty or convention. Recent human rights violations include those that took place in Nigeria, in former Zaire under Mobutu Seseko, and …


Implementation Of International Human Rights Norms In Ukrainian Legislation, Myroslava Antonovych Aug 2010

Implementation Of International Human Rights Norms In Ukrainian Legislation, Myroslava Antonovych

Annual Survey of International & Comparative Law

No abstract provided.


International Human Rights And The Kurds, Dr. Amir A. Majid Aug 2010

International Human Rights And The Kurds, Dr. Amir A. Majid

Annual Survey of International & Comparative Law

This article analyses the Kurdish rebellion for autonomy, the actions of the Iraqi forces against them and the measures taken by the United Nations, the United States and other Coalition States to protect the Kurds in the aftermath of the January/February 1991 Gulf War. The International actions will be assessed in light of the present rules of International Law and, in particular, whether they contravene any provision of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.