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The Methodology of Judicial Notice in the Development of International Law
This book focuses on how international courts create international law through judicial notice by showing that judicial notice enables international courts to assume the establishment of the law beyond any further factual inquiry. It seeks to show that judicial notice has been the latent but effective tool by which international courts contribute to the development of Customary international law and general principles of international law . It argues that judicial notice accelerates the maturation of embryonic customary international law, coverts principles accepted by international courts and tribunals (as general principles of international law) into mandatory rules of customary internatio...
The Persistent Objector Rule in International Law
Focusing on how states have utilized the persistent objector rule in practice, this volume details how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law.
Sustainable Development, International Law, and a Turn to African Legal Cosmologies
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.
HIV and AIDS
This book provides a detailed and timely analysis of key regulatory and legal issues arising in the context of HIV and AIDS. The ten chapters cover the core issues central to an understanding of law and public health as concerns AIDS. Whilst the book focuses on how Nigerian law applies to HIV and AIDS, the author draws heavily on materials from other jurisdictions. There are many parallels that exist between the application of law and governance considerations in the AIDS pandemic that resonate with other infectious diseases including Covid-19, therefore the book is widely relevant to public health law in communicable disease contexts. Topics covered: overview and origin of the HIV and AIDS epidemic; legal and institutional framework of the HIV and AIDS epidemic in Nigeria; human rights and the epidemic; decriminalisation of HIV and AIDS in Nigeria; HIV and AIDS and vulnerable groups; HIV and AIDS and patents; HIV and AIDS and sports; international organisations and programmes on HIV; judicial responses to HIV and AIDS; and global pandemics and control.
Domestic Courts and the Interpretation of International Law
Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.
Governance, Human Rights, and Political Transformation in Africa
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.
Human Rights and the Environment under African Union Law
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...
How to Do Things with International Law
A provocative reassessment of the rule of law in world politics Conventionally understood as a set of limits on state behavior, the “rule of law” in world politics is widely assumed to serve as a progressive contribution to a just, stable, and predictable world. In How to Do Things with International Law, Ian Hurd challenges this received wisdom. Bringing the study of law and legality together with power, politics, and legitimation, he illustrates the complex politics of the international rule of law. Hurd draws on a series of timely case studies involving recent legal arguments over war, torture, and drones to demonstrate that international law not only domesticates state power but also...
Governing Natural Resources for Sustainable Peace in Africa
This book examines the dynamics of natural resource conflicts in Africa and explores the different governance approaches for securing sustainable peace. One of the most prominent challenges facing Africa today is the consequences of natural resource extraction. While these resources hold the potential for economic transformation across Africa, their extraction also comes with a range of environmental, social, and economic consequences, including issues related to governance. This book assembles a unique cohort of peacebuilding, environmental justice, and sustainable development scholars and practitioners from Africa and beyond to examine the dynamics of natural resource conflict and explore ...
Proportionality Balancing and Constitutional Governance
The book examines the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa.
