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War, Commerce, and International Law
Do invading and occupying powers have the right to destroy and confiscate private property and ignore contract rights? Who decides cases over contested resources during or after war? This title explores these questions in the context of the relationship between war and commerce, and international law.
The Performance of Africa's International Courts
This book argues that we must look beyond the traditional criteria of compliance and effectiveness to judge the performance of Africa's international courts. It demonstrates how these courts are important venues for activists and opposition parties to wage political, social, environmental, and legal struggles on the international stage.
African Regional Trade Agreements as Legal Regimes
African regional trade integration has grown exponentially in the last decade. This book is the first comprehensive analysis of the legal framework within which it is being pursued. It will fill a huge knowledge gap and serve as an invaluable teaching and research tool for policy makers in the public and private sectors, teachers, researchers and students of African trade and beyond. The author argues that African Regional Trade Agreements (RTAs) are best understood as flexible legal regimes particularly given their commitment to variable geometry and multiple memberships. He analyzes the progress made toward trade liberalization in each region, how the RTAs are financed, their trade remedy and judicial regimes, and how well they measure up to Article XXIV of GATT. The book also covers monetary unions as well as intra-African regional integration, and examines free trade agreements with non-African regions including the Economic Partnership Agreements with the European Union.
The Performance of Africa's International Courts
The performance of international courts has traditionally been judged against criteria of compliance and effectiveness. Whilst these are clearly desirable objectives for litigants before Africa's international courts, this book shows that we must look beyond these criteria to fully appreciate the impact of these courts. This book shows how litigants use their participation in international litigation to achieve other objectives: to amplify political disputes with their governments, to build their movement, to educate the public about their cause, and to challenge the status quo. Chapters in this collection show how these courts act as coordination points for opposition political parties to n...
The Contested Empowerment of the Kenyan Judiciary 2010-2016
This book examines and explains the emergence of an independent judiciary in Kenya from 2010 to 2016. It argues that although this empowerment was built on a foundation of an over-two decade constitutional review process, violence following the 2007 General Elections and the 2010 Constitution that followed were an immediate explanation. The book traces the emergence of constitutional supremacy and the backlash the new-found power of judicial review faced from Parliament and the Executive. It traces the ongoing transformation of judicial review through institutional reforms in the judiciary, the vetting of judges and magistrates as well as doctrinal developments in judicial review of the political branches as well as in international law as a source of Kenyan law.
Sovereignty, RIP
Has the concept of sovereignty outlived its usefulness? Social order requires a sovereign: an actor with unlimited, undivided, and unaccountable authority. Or so the classic theory says. But without noticing, we’ve gutted the theory. Constitutionalism limits state authority. Federalism divides it. The rule of law holds it accountable. In vivid historical detail—with millions tortured and slaughtered in Europe, a king put on trial for his life, journalists groaning at idiotic complaints about the League of Nations, and much more—Don Herzog charts both the political struggles that forged sovereignty and the ones that undid it. He argues that it’s no longer a helpful guide to our legal and political problems, but a pernicious bit of confusion. It’s time, past time, to retire sovereignty.
The Contested Empowerment of the Kenyan Judiciary 2010-2016
This book examines and explains the emergence of an independent judiciary in Kenya from 2010 to 2016. It argues that although this empowerment was built on a foundation of an over-two decade constitutional review process, violence following the 2007 General Elections and the 2010 Constitution that followed were an immediate explanation. The book traces the emergence of constitutional supremacy and the backlash the new-found power of judicial review faced from Parliament and the Executive. It traces the ongoing transformation of judicial review through institutional reforms in the judiciary, the vetting of judges and magistrates as well as doctrinal developments in judicial review of the political branches as well as in international law as a source of Kenyan law.
The Legitimacy of International Trade Courts and Tribunals
2.2 Procedural Rules and Issues
Making Markets Work for Africa
This is a book on market law and policy in sub-Saharan Africa. It shows how markets can be harnessed by poorer and developing economies to help make the markets work for them: to help them integrate into the world economy and raise the standard of living for their people while preserving their values of inclusive development. It studies particular countries and particular regions, delving deeply into the facts.
Comparative Constitutionalism and Good Governance in the Commonwealth
The central role that good, effective and capable governance plays in the economic and social development of a country is now widely recognised. Using the Commonwealth countries of eastern and southern Africa, this book analyses some of the key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure the good governance of their peoples. Utilising comparative material, the book seeks to draw lessons, both positive and negative, about the problems of constitutionalism in the region and, in doing so, critically addresses the legal issues involved in seeking to make constitutions 'work' in practice.
