Human Rights And The Environment Under African Union Law

Author : Michael Addaney,Ademola Oluborode Jegede
Publisher : Palgrave Macmillan
Page : 477 pages
File Size : 49,6 Mb
Release : 2020-09-01
Category : Law
ISBN : 3030465225

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Human Rights and the Environment under African Union Law by Michael Addaney,Ademola Oluborode Jegede Pdf

This book brings together original and novel perspectives on major developments in human rights law and the environment in Africa. Focusing on African Union law, the book explores the core concepts and principles, theory and practice, accountability mechanisms and key issues challenging human rights law in the era of global environmental change. It, thus, extend the frontier of understanding in this fundamental area by building on existing scholarship on African human rights law and the protection of the environment, divulging concerns on redressing environmental and human rights protection issues in the context of economic growth and sustainable development. It further offers unique insight into the development, domestication and implementation challenges relating to human rights law and environmental governance in Africa. This long overdue interdisciplinary exploration of human rights law and the environment from an African perspective will be an indispensable reference point for academics, policymakers, practitioners and advocates of international human rights and environmental law in particular and international law, environmental politics and philosophy, and African studies in general. It is clear that there is much to do, study and share on this timely subject in the African context.

Author : Michael Addaney,Ademola Oluborode Jegede
Publisher : Springer Nature
Page : 477 pages
File Size : 43,9 Mb
Release : 2020-08-21
Category : Law
ISBN : 9783030465230

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Human Rights and the Environment under African Union Law by Michael Addaney,Ademola Oluborode Jegede Pdf

This book brings together original and novel perspectives on major developments in human rights law and the environment in Africa. Focusing on African Union law, the book explores the core concepts and principles, theory and practice, accountability mechanisms and key issues challenging human rights law in the era of global environmental change. It, thus, extend the frontier of understanding in this fundamental area by building on existing scholarship on African human rights law and the protection of the environment, divulging concerns on redressing environmental and human rights protection issues in the context of economic growth and sustainable development. It further offers unique insight into the development, domestication and implementation challenges relating to human rights law and environmental governance in Africa. This long overdue interdisciplinary exploration of human rights law and the environment from an African perspective will be an indispensable reference point for academics, policymakers, practitioners and advocates of international human rights and environmental law in particular and international law, environmental politics and philosophy, and African studies in general. It is clear that there is much to do, study and share on this timely subject in the African context.

Author : Jean-Claude N. Ashukem,Semie M. Sama
Publisher : Taylor & Francis
Page : 408 pages
File Size : 41,5 Mb
Release : 2023-11-10
Category : Law
ISBN : 9781000997675

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Human Rights and the Environment in Africa by Jean-Claude N. Ashukem,Semie M. Sama Pdf

The relationship between human rights and the environment, as evidenced by the recent UN Resolution on the human right to a healthy environment, is a topical, fascinating, uneasy, and increasingly urgent one. This timely collection explores the inextricable relationship between human rights and the environment as a critical lens for understanding and addressing key human rights and environmental issues confronting Africa. The work explores theoretical, philosophical, doctrinal, and empirical research to interrogate and provide clarity on how and whether the human rights-based approach to environmental protection and policy implications has been effective in enhancing environmental protection and sustainability in Africa. It brings together an elite group of African and international experts to investigate the increasing connectivity and problems with African human rights, environmental governance, and the quest for sustainability. The book is divided into thematic clusters, including: the right of vulnerable communities to sustainability; climate change, the right to development and natural resource governance; corporate environmental responsibility and sustainability; the philosophy of environmental ethics and theories of human rights approaches to environmental governance; procedural environmental rights; the role of the judiciary in environmental protection; and desertification. These themes provide a structure to investigate and clarify specific fundamental questions on Africa’s environmental governance paradigm. This innovative contribution provides an interdisciplinary approach to the philosophical interrelationship and use of human rights approaches to ensure and enhance environmental protection and sustainability. As such, the book will be of interest to African scholars, researchers and students in Human Rights Law, Environmental Studies, Political Science, Ecology and Conservation and Development Studies. It will also be a valuable resource for policymakers, governments, NGOs, practitioners, and all those interested in African environmental governance.

Author : Frans Viljoen
Publisher : OUP Oxford
Page : 661 pages
File Size : 55,5 Mb
Release : 2012-03-29
Category : Law
ISBN : 9780191626838

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International Human Rights Law in Africa by Frans Viljoen Pdf

This book provides a comprehensive and analytical overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realization provided for under the United Nations system, the African Union, and sub-regional economic communitites in Africa, and explores their relationship with the national legal systems of African states. Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions that are relevant to human rights in Africa. These include the Pan African Parliament, the Peace and Security Council, the Economic, Social and Cultural Council and the African Peer Review Mechanism of the New Partnership for Africa's Development. This book discusses the links between these institutions. It further examines the case law stemming from Africa' most important human rights instrument, the African Charter on Human and Peoples Rights, which entered into force on 21 October 1986. This new edition contains a new chapter on the African Children's Rights Committee as well as full coverage of new developments and instruments, such as the Convention on the Rights of Persons with Disabilities, the Convention on Enforced Disappearances, and the African Charter on Democracy, Elections and Governance. Three cross-cutting themes are explored throughout the book: national implementation and enforcement of international human rights law; legal and other forms of integration; and the role of human rights in the eradication of poverty. The book also provides an introduction to the relevant human rights concepts.

Author : Michael Addaney,Michael Gyan Nyarko,Elsabé Boshoff
Publisher : Springer Nature
Page : 433 pages
File Size : 47,9 Mb
Release : 2019-11-19
Category : Political Science
ISBN : 9783030270490

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Governance, Human Rights, and Political Transformation in Africa by Michael Addaney,Michael Gyan Nyarko,Elsabé Boshoff Pdf

This edited volume examines the development and challenges of governance, democracy, and human rights in Africa. It analyzes the emerging challenges for strengthening good governance in the region and explores issues related to civil, political, economic, cultural, and social rights highlighting group rights including women, girls, and other minority groups. The project presents a useful study of the democratization processes and normative developments in Africa exploring challenges in the form of corruption, conflict, political violence, and their subsequent impact on populations. The contributors appraise the implementation gap between law and practice and the need for institutional reform to build strong and robust mechanisms at the domestic, regional, and international levels.

Author : Kiwinda Mbondenyi
Publisher : African Books Collective
Page : 532 pages
File Size : 40,9 Mb
Release : 2011-12-29
Category : Political Science
ISBN : 9789966530028

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International Human Rights and their Enforcement in Africa by Kiwinda Mbondenyi Pdf

Whilst the establishment of the African human rights system was a good gesture that signalled the recognition of the value and essence of international human rights in the continent, a continuous study of the system has become necessary. This is particularly in light of the fact that the continent is in desperate need of well established and effective regional human rights enforcement mechanisms. At the moment, the regional human rights system is stuck between prospects and pitfalls because of the gap that exists between the promise of human rights and their actual realisation. By all means, this trend needs to be reversed. The main objective and purpose of this book is to underscore the challenges besetting the effective enforcement of international human rights law in Africa and the prospects and promises of an effective regional human rights system.

Author : Kim Bouwer,Uzuazo Etemire,Tracy-Lynn Field,Ademola Oluborode Jegede
Publisher : Policy Press
Page : 358 pages
File Size : 55,6 Mb
Release : 2024-01-25
Category : Law
ISBN : 9781529228953

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Climate Litigation and Justice in Africa by Kim Bouwer,Uzuazo Etemire,Tracy-Lynn Field,Ademola Oluborode Jegede Pdf

EPDF and EPUB available Open Access under CC-BY-NC-ND licence. This volume brings together an international team of contributors to provide a much-needed examination of climate litigation in Africa. The book outlines how climate litigation in Africa is distinct as well as pinpointing where it connects with the global conversation.

Author : Vincent O. Nmehielle
Publisher : BRILL
Page : 478 pages
File Size : 41,5 Mb
Release : 2021-09-13
Category : Law
ISBN : 9789004481060

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The African Human Rights System by Vincent O. Nmehielle Pdf

This volume is a comprehensive treatment of the African human rights system in terms of the laws, practice, and institutions of the system. The volume discusses, analyzes, and evaluates normative instruments of the African system: the Charter of the Organization of the African Unity (OAU), and the African Charter on Human and Peoples' Rights, presenting article-by-article analysis of its provisions and those of the Protocol on the Establishment of the African Court on Human and Peoples' Rights. Similarly the OAU (now the African Union), the African Commission on Human and Peoples' Rights, and the proposed African Court on Human Rights, as institutions of the system, are discussed. The book emphasizes a comparative approach and presents a summary of the UN, the European and the Inter-American human rights mechanisms with regard to their impact on the African system. The role of NGOs in the African system is also considered, as well as the controversial issue of human rights in pre-colonial and colonial Africa.

Author : Oyeniyi Abe
Publisher : Routledge
Page : 192 pages
File Size : 53,5 Mb
Release : 2022-05-15
Category : Law
ISBN : 9781000588217

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Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions by Oyeniyi Abe Pdf

This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses.

Author : Ademola Oluborode Jegede
Publisher : Springer Nature
Page : 339 pages
File Size : 49,5 Mb
Release : 2023-12-07
Category : Law
ISBN : 9783031393976

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Implementing REDD+ in Africa by Ademola Oluborode Jegede Pdf

This book presents a cohesive collection of contributions representing an African scholarly voice on some of the most burning and emerging topics and experiences regarding the implementation of REDD+ in Africa from a human rights perspective. It addresses the international human rights obligations of states and non-state actors in the context of REDD+ implementation in Africa; how current practices in various African states reinforce or affect human rights standards; and critical issues concerning the rights of vulnerable groups such as women, Indigenous populations, and forest dwellers in the implementation of REDD+ in Africa. Further, it investigates potential gaps in the existing laws, and how they can be addressed from a comparative point of view. The book also sheds light on the roles that different actors can play in fostering change and identifies best practices in the implementation of REDD+ in Africa. The book offers a rich intellectual resource for various actors in the environmental science, climate and environmental law fields who are often confronted with the challenge of how to manage the delicate balance of forests as a development resource; forests as a climate-change mitigation resource; and forests as a catalyst for the rights of vulnerable populations. The book responds to the imbalance and gaps in REDD+ scholarship. Addressing such lacuna in an edited volume of this nature is essential to the present and future work of practitioners, academics and other actors with a sustained interest in REDD+ in Africa.

Author : Namira Negm
Publisher : BRILL
Page : 360 pages
File Size : 47,7 Mb
Release : 2023-11-07
Category : Law
ISBN : 9789004508651

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An Introduction to the African Union Environmental Treaties by Namira Negm Pdf

An Introduction to the African Union Environmental Treaties sheds light on the African Union legal regime related to environmental issues and provides expert analysis of how the African Union has transitioned from the former management of natural resources approach to strategies of preservation and protection. This book explores different areas of the environment, from livestock to plants, fertilizers, minerals and marine environment. Ambassador Namira Negm convincingly demonstrates the extent to which environmental issues are of critical importance to the African Union. Together with insightful commentary, the book provides full treaty texts and is an indispensable resource for all those interested in the African Union and environmental legal regimes.

Author : Bertrand G. Ramcharan
Publisher : BRILL
Page : 282 pages
File Size : 55,9 Mb
Release : 2022-08-15
Category : Law
ISBN : 9789004520646

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Africa and the Universality of Human Rights by Bertrand G. Ramcharan Pdf

Africa and the Universality of Human Rights offers a succinct but comprehensive treatment of the human rights systems and machinery applicable in Africa. It consolidates a wide range of materials and sources in a comprehensive way that will be of value to teachers, students, scholars and activists. It makes clear that, notwithstanding difficulties experienced on the ground, African governments, peoples, and institutions together have repeatedly expressed their commitment to the universality of human rights, the corner-stone of the contemporary international order.

Author : Anton Bösl,Joseph Diescho
Publisher : Unknown
Page : 408 pages
File Size : 48,8 Mb
Release : 2009
Category : Human rights
ISBN : 9991609563

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Human Rights in Africa by Anton Bösl,Joseph Diescho Pdf

Author : Manisuli Ssenyonjo
Publisher : Martinus Nijhoff Publishers
Page : 629 pages
File Size : 47,8 Mb
Release : 2011-12-23
Category : Law
ISBN : 9789004218147

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The African Regional Human Rights System by Manisuli Ssenyonjo Pdf

The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.

Author : Gentian Zyberi,Johan Karlsson Schaffer,Carola Lingaas,Eduardo Sánchez Madrigal
Publisher : Taylor & Francis
Page : 310 pages
File Size : 51,9 Mb
Release : 2023-07-31
Category : Political Science
ISBN : 9781000912395

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Reflections on the Future of Human Rights by Gentian Zyberi,Johan Karlsson Schaffer,Carola Lingaas,Eduardo Sánchez Madrigal Pdf

This book aims to prospectively conjecture about what the coming decades may hold for human rights. The authors in this volume discern where current trends are likely to lead and try to make sense of the future they herald. Human rights – as a legal, political, and social practice – have experienced significant achievements and successes, some notable setbacks and failures, and numerous unprecedented and unforeseen events and developments. Sceptics even claim that the idea of human rights has failed to deliver on its radical promise of emancipation. The chapters in this volume deal with ways to reimagine the existing human rights framework, the future of the African human rights system, the place of human rights in economic policy-making, reparations for chattel slavery, and the right to free education for all children. The thematic and disciplinary breadth of contributions makes this book a resource for scholars, practitioners, and students alike. In analysing and critically discussing matters of climate change, right to a healthy environment, preventing disasters and building resilience, and resource management it provides timely and important contributions. However, the book does not limit itself to discussing current-day challenges, it also covers issues concerning the regulation of artificial intelligence and algorithmic decision-making, as well as potential paths in the future relationship between the African and the European Human Rights Court. Reflections on the Future of Human Rights will be beneficial to students, scholars, and researchers interested in international law, human rights, and politics. Overall, the book is suitable for anyone interested in human rights and their evolution in theory and practice. The chapters in this book were originally published as a special issue of Nordic Journal of Human Rights.