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In 1994, Malawi adopted an unusually progressive constitution, unprecedented in the country’s history, and this book examines the constitutional provisions and the relevant judgments and legislative measures with a view to constructing a coherent corpus of human rights jurisprudence. The book draws on a wealth of comparative jurisprudence, including that from other African countries, and provides useful insights into the ways in which the Malawian constitution has departed from the English common-law-based system. Analyzing the foundation for the rule of law that has ushered in an era of accelerated development in Malawi, this book ultimately reveals that it is possible for human rights to grow even in underdeveloped countries.
This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.
This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.
The book is the most comprehensive in its area and analyses many jurisdictions that have received little attention.
This book brings together a number of leading experts in the fields of public law, political science and democratization studies to identify ways of making African governments accountable and describe the extent to which these mechanisms work in practice. It presents new knowledge about legal and political developments in a number of African countries, relevant to the policy goal of developing and deepening democratic governance and accountable government on the continent. This book will be of interest to academics, students and practitioners in the fields of public law, public administration, political studies and African studies.
Public functions are increasingly being outsourced to the private sector. This includes activities that impact on human rights and security. Drawing on insights from various disciplines, this book looks at the costs and benefits of privatization and at whether there are limits to this trend.
An analytical framework of due diligence obligations to address the increasing prevalence of non-State human rights risks.
In the face of growing freshwater scarcity, most countries of the world are taking steps to conserve their water and foster its sustainable use. Water crises range from concerns of drinking water availability and/or quality, the degradation or contamination of freshwater, and the allocation of water to different users. To meet the challenge, many countries are undergoing systemic changes to the use of freshwater and the provision of water services, thereby leading to greater commercialization of the resource as well as a restructuring of the legal, regulatory, technical and institutional frameworks for water. The contributions to this book critically analyse legal issues arising under intern...
This book considers and clarifies many different facets of the international human right to a healthy environment.
This book examines the importance of international criminal law in promoting and defending human rights as well as its relationship with law and international politics. It highlights criminal cases at the International Criminal Tribunals for the former Yugoslavia and the International Criminal Tribunals for Rwanda, the International Criminal Court, and the International Crimes Tribunal of Bangladesh. The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law. This book will serve as an important reference for students, teachers, scholars and lawyers specialising in international human rights, international criminal law and international humanitarian law.