Exploring African Approaches To International Law Essays In Honour Of Kéba Mbaye

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Exploring African approaches to international law: Essays in honour of Kéba Mbaye

Author : Frans Viljoen,Humphrey Sipalla ,Foluso Adegalu
Publisher : Pretoria University Law Press
Page : 358 pages
File Size : 51,7 Mb
Release : 2022-10-04
Category : Law
ISBN : 8210379456XXX

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Exploring African approaches to international law: Essays in honour of Kéba Mbaye by Frans Viljoen,Humphrey Sipalla ,Foluso Adegalu Pdf

It is unfortunate that the idea that Africa contributes to international law, and has always done so, remains (in 2022) largely a side note, an auxiliary approach, rather than something widely accepted and deeply entrenched. It is cause for pause that this is also true in Africa itself. Exploring African approaches to international law: Essays in honour of Kéba Mbaye is a volume of essays that aims to contribute to a larger effort of imagining what possible approaches to international law Africa has adopted in the decades since the 1960s. It also recognises the legacy of the great Senegalese jurist Kéba Mbaye. Edited by Frans Viljoen, Humphrey Sipalla and Foluso Adegalu, the volume is divided into five broad thematic parts, and comprises eleven chapters. It covers the following themes: ‘Kéba Mbaye in African approaches to international law’, ‘international legal theory’, ‘international human rights law’, ‘international environmental and criminal law’ and ‘teaching of international law’. This publication finds its origins in the 2017 Roundtable on African approaches to international law, held at the Centre for Human Rights, University of Pretoria. The explorations at the Roundtable on the concept of an ‘African approach’ to international law were taken further at the Kéba Mbaye Conference on African approaches to international law, held at the Senate Hall, University of Pretoria, in December 2018. This conference brought together around 80 students, academics, and members of civil society to address the many questions left unanswered by the death of Judge Mbaye, arguably Africa’s greatest international law jurist of his generation. It provided a forum to continue discussions on ‘African approaches to international (human rights) law’, building on but rethinking and ‘vernacularising’ the Third World Approaches to International Law (TWAIL) approach. The contributions to this publication flow from papers presented at the conference. However, the reflections in the book extend beyond Kéba Mbaye as central figure. The result is a broad treatment of various aspects of African approaches to international law by thirteen authors (and co-authors), covering a wide range of generational, geographic and thematic backgrounds and perspectives.

Exploring African Approaches to International Law

Author : Frans Viljoen,Humphrey Sipalla,Foluso Adegalu
Publisher : Unknown
Page : 0 pages
File Size : 41,7 Mb
Release : 2022
Category : International law
ISBN : 1776411692

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Exploring African Approaches to International Law by Frans Viljoen,Humphrey Sipalla,Foluso Adegalu Pdf

It is unfortunate that the idea that Africa contributes to international law, and has always done so, remains (in 2022) largely a side note, an auxiliary approach, rather than something widely accepted and deeply entrenched. It is cause for pause that this is also true in Africa itself. Exploring African approaches to international law: Essays in honour of Kéba Mbaye is a volume of essays that aims to contribute to a larger effort of imagining what possible approaches to international law Africa has adopted in the decades since the 1960s. It also recognises the legacy of the great Senegalese jurist Kéba Mbaye. Edited by Frans Viljoen, Humphrey Sipalla and Foluso Adegalu, the volume is divided into five broad thematic parts, and comprises eleven chapters. It covers the following themes: 'Kéba Mbaye in African approaches to international law', 'international legal theory', 'international human rights law', 'international environmental and criminal law' and 'teaching of international law'. This publication finds its origins in the 2017 Roundtable on African approaches to international law, held at the Centre for Human Rights, University of Pretoria. The explorations at the Roundtable on the concept of an 'African approach' to international law were taken further at the Kéba Mbaye Conference on African approaches to international law, held at the Senate Hall, University of Pretoria, in December 2018. This conference brought together around 80 students, academics, and members of civil society to address the many questions left unanswered by the death of Judge Mbaye, arguably Africa's greatest international law jurist of his generation. It provided a forum to continue discussions on 'African approaches to international (human rights) law', building on but rethinking and 'vernacularising' the Third World Approaches to International Law (TWAIL) approach. The contributions to this publication flow from papers presented at the conference. However, the reflections in the book extend beyond Kéba Mbaye as central figure. The result is a broad treatment of various aspects of African approaches to international law by thirteen authors (and co-authors), covering a wide range of generational, geographic and thematic backgrounds and perspectives.

Exploring African Approaches to International Law

Author : Frans Viljoen,Humphrey Sipalla,Foluso Adegalu
Publisher : Unknown
Page : 0 pages
File Size : 40,8 Mb
Release : 2022
Category : Electronic
ISBN : OCLC:1355952531

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Exploring African Approaches to International Law by Frans Viljoen,Humphrey Sipalla,Foluso Adegalu Pdf

It is unfortunate that the idea that Africa contributes to international law, and has always done so, remains (in 2022) largely a side note, an auxiliary approach, rather than something widely accepted and deeply entrenched. It is cause for pause that this is also true in Africa itself. Exploring African approaches to international law: Essays in honour of Kéba Mbaye is a volume of essays that aims to contribute to a larger effort of imagining what possible approaches to international law Africa has adopted in the decades since the 1960s. It also recognises the legacy of the great Senegalese jurist Kéba Mbaye."

Sustainable Development, International Law, and a Turn to African Legal Cosmologies

Author : Godwin Eli Kwadzo Dzah
Publisher : Unknown
Page : 410 pages
File Size : 55,6 Mb
Release : 2024-02-02
Category : Law
ISBN : 9781009354035

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Sustainable Development, International Law, and a Turn to African Legal Cosmologies by Godwin Eli Kwadzo Dzah Pdf

This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.

Completing Humanity

Author : Umut Özsu
Publisher : Cambridge University Press
Page : 353 pages
File Size : 54,5 Mb
Release : 2023-11-30
Category : Law
ISBN : 9781108649001

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Completing Humanity by Umut Özsu Pdf

After the Second World War, the dissolution of European empires and emergence of 'new states' in Asia, Africa, Oceania, and elsewhere necessitated large-scale structural changes in international legal order. In Completing Humanity, Umut Özsu recounts the history of the struggle to transform international law during the twentieth century's last major wave of decolonization. Commencing in 1960, with the General Assembly's landmark decolonization resolution, and concluding in 1982, with the close of the third UN Conference on the Law of the Sea and the onset of the Latin American debt crisis, the book examines the work of elite international lawyers from newly independent states alongside that of international law specialists from 'First World' and socialist states. A study in modifications to legal theory and doctrine over time, it documents and reassesses post-1945 decolonization from the standpoint of the 'Third World' and the jurists who elaborated and defended its interests.

Research Handbook on International Solidarity and the Law

Author : Cecilia M. Bailliet
Publisher : Edward Elgar Publishing
Page : 473 pages
File Size : 42,9 Mb
Release : 2024-04-12
Category : Law
ISBN : 9781803923758

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Research Handbook on International Solidarity and the Law by Cecilia M. Bailliet Pdf

This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality.

The Pursuit of a Brave New World in International Law

Author : Tiyanjana Maluwa,Max du Plessis,Dire Tladi
Publisher : BRILL
Page : 593 pages
File Size : 42,8 Mb
Release : 2017-01-10
Category : Law
ISBN : 9789004340077

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

Drawing upon his inspirational role, this book is a testament to the enduring contributions he has made to international law and international human rights law and policy by colleagues he has mentored, worked or collaborated with, or simply inspired.

A Life Interrupted: Essays in honour of the lives and legacies of Christof Heyns

Author : Frans Viljoen,Charles Fombad,Dire Tladi,Ann Skelton ,Magnus Killander
Publisher : Pretoria University Law Press
Page : 523 pages
File Size : 46,6 Mb
Release : 2022-01-10
Category : Law
ISBN : 8210379456XXX

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A Life Interrupted: Essays in honour of the lives and legacies of Christof Heyns by Frans Viljoen,Charles Fombad,Dire Tladi,Ann Skelton ,Magnus Killander Pdf

About the publication This volume of essays, A life interrupted: essays in honour of the lives and legacies of Christof Heyns, honours Christof Heyns, renowned human rights lawyer, advocate, activist and educator, but also down-to-earth family man, friend and colleague. Christof’s sudden and most untimely passing on 28 March 2021 deeply saddened those close to him but also evinced an outpouring of grief from the national and international human rights community. His passing brought a deep sense of loss, in part because, at age 62, he was fully engaged in contributing to the betterment of society and still had so much more to give. His is a life interrupted. But at the same time, looking back over the varied lives he lived, he had already left his mark in so many ways. His influences and impacts are manifold and magical. This collection not only testifies to the legacy that he has left us, but also to the ongoing efforts of many to continue building on his legacy. This collection contains two sets of essays by family members, friends, colleagues, collaborators and students. Part A contains essays of a more reflective and personal nature, while the contributions in Part B link to the scholarly or academic themes Christof had worked on and explored, including international human rights systems, international law, the right to life, freedom of association, international humanitarian law, the impact of human rights treaties, constitutionalism and legal philosophy. However, a neat distinction between the personal and professional is not possible in respect of such a warm, generous and enthusiastic person as Christof. Most of the essays in Part A integrate some of Christof’s professional and academic achievements, while many of the essays in Part B also reflect on Christof as a person. The editors, all based at the Faculty of Law, UP, are colleagues and friends who worked closely with Christof. Frans Viljoen succeeded Christof as Director of the Centre for Human Rights. Christof was his doctoral supervisor, mentor and research collaborator. Charles Fombad worked with Christof at ICLA, and took over as ICLA Director after Christof’s passing. Dire Tladi, an ICLA fellow, had his office just across from Christof in ICLA. As member of the International Law Commission, he shared with Christof high level engagement with the UN. While Christof served on the Human Rights Committee, his colleague Ann Skelton serves on the Committee on the Rights of the Child. Magnus Killander worked closely with Christof as co-author and co-editor. Christof was also his doctoral supervisor. The publication date of this book is 10 January 2022, which is the date marking 63 years since Christof’s birth. The publisher is the Pretoria University Law Press (PULP), of which Christof was also a founder.

The Globalization of Human Rights

Author : Jean-Marc Coicaud,Michael W. Doyle,Anne-Marie Gardner
Publisher : Brookings Institution Press
Page : 228 pages
File Size : 45,7 Mb
Release : 2003
Category : Law
ISBN : UCSD:31822033035650

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The Globalization of Human Rights by Jean-Marc Coicaud,Michael W. Doyle,Anne-Marie Gardner Pdf

International efforts to construct a set of standardised human rights guidelines are based upon the identification of agreed key values regarding the relationships between individuals and the institutions governing them, which are viewed as critical to the well-being of humanity and the character of being human. This publication considers these issues of justice at the national, regional, and international levels by analysing civil, political, economic and social rights aspects.

The African Court of Justice and Human and Peoples' Rights in Context

Author : Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle
Publisher : Cambridge University Press
Page : 1199 pages
File Size : 53,8 Mb
Release : 2019-05-16
Category : History
ISBN : 9781108422734

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The African Court of Justice and Human and Peoples' Rights in Context by Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle Pdf

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

The African Criminal Court

Author : Gerhard Werle,Moritz Vormbaum
Publisher : Springer
Page : 347 pages
File Size : 47,8 Mb
Release : 2016-11-29
Category : Law
ISBN : 9789462651500

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The African Criminal Court by Gerhard Werle,Moritz Vormbaum Pdf

This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

Statelessness and Citizenship

Author : Brad K. Blitz,Maureen Lynch
Publisher : Edward Elgar Publishing
Page : 273 pages
File Size : 53,7 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9781849808996

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Statelessness and Citizenship by Brad K. Blitz,Maureen Lynch Pdf

'In our supposedly borderless world, having a nationality, and thus access to documents which permit travel and proof of identity, has become increasingly important. In many parts of the world, including the cases in Europe, Africa and Asia covered in this collection, large groups of people struggle with forms of de facto or de jure statelessness. In addition to providing a conceptual framework derived from international human rights norms for understanding better the phenomenon of statelessness, this collection presents important empirical research material helping us to understand, from the ground up, how statelessness is experienced.' Jo Shaw, University of Edinburgh, UK 'What difference does citizenship make? The vulnerability of stateless persons clearly demonstrates the benefits of having a nationality. But so far nobody has examined how much the situation of stateless persons improves when they finally get documents and citizenship status. This exploratory study analyses practical difficulties and real progress in overcoming statelessness. It gives voice to the victims and sets a political agenda. Academic researchers, non-governmental organizations and policy-makers should read this book.' Rainer Bauböck, European University Institute, Florence, Italy 'Embracing a subject that is generally treated abstractly, as a matter of human rights law, the authors of this pathbreaking book root statelessness deep into historical context and lived experience. They emerge with conclusions that are both dismaying (the expansive scope of the problem) and hopeful (the measurable progress some states have made in expanding the boundaries of citizenship). Alas, this eloquent book could hardly be more timely.' Linda K. Kerber, University of Iowa, US The United Nations High Commissioner for Refugees estimates that there are more than 12 million stateless people in the world. The existence of stateless populations challenges some central tenets of international law and contemporary human rights discourses, yet only a very small number of states have made measurable progress in helping individuals acquire or regain citizenship. This fascinating study examines positive developments in eight countries and pinpoints the benefits of citizenship now enjoyed by formerly stateless persons. The expert contributors present an original comparative study that draws upon legal and political analysis as well as empirical research (incorporating over 120 interviews conducted in eight countries), and features the documentary photography of Greg Constantine. The benefits of citizenship over statelessness are identified at both community and individual level, and include the fundamental right to enjoy a nationality, to obtain identification documents, to be represented politically, to access the formal labor market and to move about freely. Gaining or reacquiring citizenship helps eliminate isolation and solicits the empowerment of individuals, collectively and personally. Such changes are of considerable importance to the advancement of a human rights regime based on dignity and respect. This highly original and thought-provoking book will strongly appeal to a wide-ranging audience including academics, researchers, students, human rights activists and government officials with an interest in a diverse range of fields encompassing law, international studies, public policy, human rights and citizenship.

The Impact of the United Nations Human Rights Treaties on the Domestic Level

Author : Christof Heyns,Frans Viljoen
Publisher : BRILL
Page : 656 pages
File Size : 54,9 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004480889

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The Impact of the United Nations Human Rights Treaties on the Domestic Level by Christof Heyns,Frans Viljoen Pdf

The six main United Nations human rights treaties enjoy almost universal ratification today. Almost 80 per cent of the possible ratifications have been made, and every Member State of the UN has ratified at least one of these treaties. The nearly universal acceptance of the treaties on the formal level, however, does not automatically translate into the norms contained in these documents being made a reality in the lives of the billions of people living in these countries. The treaty system is notoriously weak in terms of international enforcement, and there is a general suspicion that it has had little impact at the domestic level. Mechanisms to improve the international enforcement mechanisms of the six main treaties have been a topic of discussion and research for many years, but the domestic impact of the treaties has never been investigated in a systematic and comprehensive manner. This book constitutes the most ambitious attempt so far to establish the impact of the treaties at the domestic level. The following treaties in 20 United Nations Member States are investigated: the Convention on the Elimination of All Forms of Racial Discrimination, the Covenant on Economic, Social, and Cultural Rights, the Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention Against Torture, and the Convention on the Rights of the Child. This book reflects the findings of 20 researchers, based in the countries investigated, under the leadership of Professors Christof Heyns and Frans Viljoen of the Centre for Human Rights, University of Pretoria, in a study done in co-operation with the United Nations High Commissioner for Human Rights. The influence of the treaties in each of the 20 countries is investigated in respect of its influence on the continuation, legislation, court cases, policies and practices, and the impact of the treaty system in civil society. In an overview chapter by the study leaders based on a comparison of the available data, common trends and patterns are identified, and recommendations about reforms on the national and international level are made. This is a book that should be read by all those interested in the development of the international human rights system.

COVID-19 and Sovereign Debt: The case of SADC

Author : Daniel D. Bradlow,Magalie L. Masamba
Publisher : Pretoria University Law Press
Page : 383 pages
File Size : 52,9 Mb
Release : 2022-02-23
Category : Law
ISBN : 8210379456XXX

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COVID-19 and Sovereign Debt: The case of SADC by Daniel D. Bradlow,Magalie L. Masamba Pdf

This multi-disciplinary publication focuses on the issue of African sovereign debt management and renegotiation/ restructuring, with a particular concentration on the countries that are members of the Southern Africa Development Community (SADC). It contains a series of essays that were initially presented in several workshops held at the height of the pandemic, in 2020. These essays seek to both understand the debt challenges facing these countries and to offer some policy-oriented suggestions on how they can more effectively address these. They include contributions by global and regional scholars who are seasoned experts and newer researchers and discuss the complexities on debt management and restructuring within the context of the global COVID-19 pandemic. In particular, this presented an opportunity for junior researchers from the region to contribute to international discussions on a topic in which the views of young Africans are not heard as often or as clearly as they should be, especially given the importance of the topic to Africa and its future. Further, this book is expected to stimulate debate among academics, activists, policy makers and practitioners on how SADC should manage its debt.

What is Africanness? Contesting nativism in race, culture and sexualities

Author : Charles Ngwena
Publisher : Pretoria University Law Press
Page : 322 pages
File Size : 52,7 Mb
Release : 2018-01-01
Category : Law
ISBN : 8210379456XXX

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What is Africanness? Contesting nativism in race, culture and sexualities by Charles Ngwena Pdf

What is Africanness? Contesting nativism in race, culture and sexualities by Charles Ngwena 2018 ISBN: 978-1-920538-82-8 Pages: 306 Print version: Available Electronic version: Free PDF available About the publication What is Africanness: Contesting nativism in culture, race and sexualities, by Charles Ngwena, Professor of Law at the Centre for Human Rights, Faculty of Law, University of Pretoria, is a peer-reviewed monograph aiming to contribute to the ongoing scholarly conversation in and beyond South Africa about who is African and what is African. It aims to implicate a reductive sameness in the naming of Africans (‘nativism’) by showing its teleology and effects; and offers an alternative understanding of how Africans can be named or can name themselves. The book develops an epistemology for constructing the hermeneutics of Africanness today, long after the primal colonial moment and its debasing racialising ideology. It interrogates the making of Africa in colonial discourses and the making of an African race and African culture(s) and sexuality(ies) in ways that are not just historically conscious but also have a heuristic capacity to contest nativism from the outside as well as from within. The arguments in this book go beyond problematising African identity by addressing an existential gap in theory for explicating African social identity. The book develops an interpretive method – a hermeneutics – for locating and deciphering African identifications in ways that are historically conscious and conjunctural. The hermeneutics look to the present and the future in addition to the past, so that African identifications are not nailed to a mast but remain invested with mobility and the capacity to mutate radically and make new and unexpected beginnings. Comments Charles Ngwena’s timely and original book is a wonderful read, rich in theory and insight, and an essential companion for those interested in exploring the ‘multiplicity of histories, cultures and subjectivities’ that constitute the diversity of ‘Africanness’ and African identities. – Professor Cathi Albertyn, School of Law, University of the Witwatersrand, Editor, South African Journal on Human Rights This is a brilliant exploration of liberating and affirming ways to speak of African identities and sexualities, reminding us there can be creative beauty where pain and dispossession have resided. – Rudo Chigudu, Centre for Human Rights, University of Pretoria This is a masterpiece! Not only does the author capture the discourse and debates on “Africanness”, he aptly examines them before offering his views on “decentring the race of Africanness” with the important recognition of “Africa as land of diverse identifications”. – Prof Serges Djoyou Kamga, Thabo Mbeki African Leadership Institute, UNISA Table of Contents ACKNOWLEDGMENTS PREFACE DEDICATION PART 1: BACKGROUND TO THE HERMENEUTICS OF HETEROGENOUS AFRICANNESS 1. INTRODUCING THE ‘MANYNESS’ OF AFRICANNESS 1 Introduction 2 Nativism 2.1 Theocratic vision 2.2 Logic of identity 3 Reformulating African identity: Overcoming status subordination and achieving inclusive equality 4 Scope and structure of the book: A broad triangulation of race, culture and sexualities 4.1 Part 1: Background to the hermeneutics of heterogeneous Africanness 4.2 Part 2: Africanness, race and culture 4.3 Part 3: Heterogeneous sexualities 2. HERMENEUTICS OF AFRICANNESS: BUILDING ON STUART HALL’S CULTURAL THEORY OF IDENTIFICATIONS 1 Introduction 2 Connecting inclusive equality with a deconstructive hermeneutics of Africanness 3 Who/what is African?: A central discursive question 4 Hall’s cultural theory of identity as enunciation 4.1 Identity as becoming and being 4.2 Implications of a Hallian approach for conceptualising Africanness 4.2.1 Transposing Hall’s theory to Africanness as broad cultural and racial identifications 4.2.2 Transposing Hall’s theory onto African sexuality identifications 5 Positionality PART 2: AFRICANNESS, RACE AND CULTURE 3. WHAT’S IN A NAME? THE NAMING OF AFRICA AND AFRICANS, AND THE CONSTRUCTION OF RADICAL CULTURAL ALTERITY 1 Introduction: Representation, truth, knowledge and power 2 Naming of Africa 2.1 Provenance of the naming 3 Naming of Africans: Epochal re-description 3.1 Africa at the edge of time: The founding of alterity in anachronistic space 3.2 Africa as land of cultural otherness: A leaf from Mudimbe’s The invention of Africa 3.2.1 Christianity and the production of African spiritual alterity 3.2.2 Anthropology and the production of African cultural alterity 4 Mudimbe’s contribution to dialogic Africanness 4. AFRICA AS LAND OF RACIAL OTHERNESS 1 Introduction 2 The contribution of philosophy and science to the construction of African racial alterity 2.1 Philosophy 2.2 Science 3 Re-membering Saartjie Baartman: Black embodiment, ascribed identity and fetishisation 3.1 Logic of identity 3.2 Fetishisation 4 Apartheid and the banality of race 4.1 Creating ‘Africans’, ‘Coloureds’, ‘Indians’ and ‘Whites’ 4.1.1 ‘Africans’ and ‘Whites’ as extreme polarities 4.1.2 ‘Coloureds’ 4.1.3 ‘Indians’ 4.2 Racial positioning among inferiorised ‘races’ 4.3 Apartheid as not so much about apartness but baasskapism 5 Ode to an open Africanness 5. DECENTRING THE RACE OF AFRICANNESS 1 Introduction: putting race under erasure 2 Recalling Hall’s deconstructive identification template 3 Decentring the race of Africanness 3.1 Appiah’s In my father’s house 3.2 Blyden’s black personality 4 Retaining the political salience of race 4.1 Afropolitanism 5 Africa as space for diverse identifications and recognition of ever-evolving ethnicities PART 3: HETEROGENEOUS SEXUALITIES 6. REPRESENTING AFRICAN SEXUALITIES: CONTESTING NATIVISM FROM WITHOUT 1 Introduction 2 Said’s discourse of orientalism 2.1 Orientalism and Said’s aporias 2.1.1 Hybridity: Breaking with coloniser/ colonised binary 3 Nativising African peoples 4 Mamdani’s discourse of nativism 5 Nativism and the construction of colonial whiteness 5.1 Compulsory whiteness and regulation of sexualities 6 Nativising black men’s sexuality 6.1 Southern Rhodesia and the phantom of the ‘black peril’ 7 Black women’s sexual degeneracy and colonial continuities in Caldwell et al: A performative study of African women 7. ‘TRANSGRESSIVE’ SEXUALITIES: CONTESTING NATIVISM FROM WITHIN AND OVERCOMING STATUS SUBORDINATION 1 Introduction 1.1 Proclaiming heterosexuality and castigating homosexuality 1.2 Democratising sexuality 2 Discursive clarifications 2.1 Transgressive sexualities: the terminological rationale 2.2 Overcoming status subordination 2.3 Avoiding LGBTI essentialism 2.4 Avoiding unproductive LGBTI anti-essentialism 2.5 Remaining conscious of colonising sexuality knowledge 3 Deconstructing sexualities 3.1 Essentialist social construction 3.2 Transformative social construction 3.3 Deconstructing the relationship between sexuality and gender: Drawing on Richardson’s analytic template 3.3.1 Naturalist approach 3.3.2 Prioritising gender over sexuality 3.3.3 Gender as an effect of sexuality 3.3.4 Sex and gender as separate, non-deterministic, historically and culturally situated systems 3.3.5 Sexuality and gender elision 4 Way forward 8. MEDIATING CONFLICTING SEXUALITY IDENTIFICATIONS THROUGH POLITICS AND AN ETHICS OF PLURALISM 1 Introduction 2 Rawls’ overlapping consensus 3 Rescher’s dissensus management approach 4 Young’s critique of the ideal of impartiality and the civic public 5 Arendt’s concept of citizenship in a plural political community 6 Finding an overlapping consensus and asymmetrical reciprocity in African political and constitutional frameworks EPILOGUE: THEORISING AFRICANNESS BIBLIOGRAPHY INDEX