The African Human Rights System, Activist Forces and International Institutions

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Cambridge University Press, 17.05.2007
This 2007 book draws from and builds upon many of the more traditional approaches to the study of international human rights institutions (IHIs), especially quasi-constructivism. The author reveals some of the ways in which many such domestic deployments of the African system have been brokered or facilitated by local activist forces, such as human rights NGOs, labour unions, women's groups, independent journalists, dissident politicians, and activist judges. In the end, the book exposes and reflects upon the inherent inability of the dominant compliance-focused model to adequately capture the range of other ways - apart from via state compliance - in which the domestic invocation of IHIs like the African system can contribute - albeit to a modest extent - to the pro-human rights alterations that can sometimes occur in the self-understandings, conceptions of interest or senses of appropriateness held within key domestic institutions within states.
 

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within cognitivismwill be more extensivethan my consideration of any
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Regimes treaties or other international institutions serve as trump
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226 Quasiconstructivism
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or too enforcementcentered Many of the number have been quite
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23 Conventional conceptions of international human
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231 Image ofIHIs as weak and ineffectual institutions
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233 Enforcementcentrism in the IHI literature
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accusing themof dodging thequestion of thesupposed ineffectiveness
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432 Endurance of several openly condemnatory resolutions
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to what in our considered judgement appeared to be a
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Here again the facilitative role played by local activist forces
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435 Release of detainees
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Decree violated several provisions of the African Charter was relied
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443 Political Parties Dissolution Decree 114 of 199988
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the legislature within Nigeria What I will attempt to do
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basis for their legal and public advocacy for the implementation
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235 General absence of holism in much of the IHI
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this discussion I will turn my attention to a brief
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understanding IHIs he is not at all convinced that it
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institutional goals the European system would never have gotten off
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2311 Constructivism and the effectiveness of IHIs
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3
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and discuss the ways in which the dominant stream of
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this last treaty has been in force since 2004 the
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a creative and dynamic usage of the treaty38 Welch had
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While most of these statements regarding the specific weaknesses of
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34 Conceptions of the ideal African system as a panacea
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often overestimates its potential in a world of relatively sovereign
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As will be shown in chapters 4 and 5 a
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4
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42 Impact on judicial decisionmaking and action
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international travel passports Notice also the key role which was
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The fact that the African systems norms were pivotal to
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These supremacy propositions as I have styled them were most
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over international rules was reformulated by many of these same
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429 Overall assessment of the African systems influence
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domestically relevant the significant level of transjudicial
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471 Positive factors
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5
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Happily in yet another demonstration of his solid commitment to
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54 Impact on legislative debate and action
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56 Assessing the overall impact of the African system
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international human rights instruments259 Even a cursory examination
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6
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the selfunderstandings and conceptions of interest held by many of
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judge of the Supreme Court of Ghana relied in part
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Nevertheless the evidence discussed above clearly indicates that to an
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actions committed by the Nigerian government and highlighting the
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67 Summary of the arguments
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7
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other such IHIs2 are offered On the whole however the
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73 Reducing the emphasis on the textual appropriateness
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critical domestic institutions and among key population segments
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77 Hypothesizing the measure of IHI effectiveness
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8
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Beliebte Passagen

Seite 31 - Murray (eds.), The African Charter on Human and Peoples' Rights. The System in Practice 1986-2000 (Cambridge: Cambridge University Press, 2002); E. Ankumah, The African Commission on Human and Peoples
Seite 36 - RBJ Walker, Inside/Outside: International Relations as Political Theory (Cambridge: Cambridge University Press, 1993), Chapters 6 and 8.

Über den Autor (2007)

Professor Okafor joined Osgoode Hall Law School after holding faculty positions at the University of Nigeria and Carleton University. He has served as an SSRC-MacArthur Foundation Visiting Scholar at Harvard Law School's human rights program; as a Canada-US Fulbright Scholar at the MIT program on human rights and justice; and as an expert panellist for the then United Nations Commission on Human RightsWorking Group of Experts on People of African Descent. His doctoral dissertation at the University of British Columbia received the Governor General's Gold Medal (the prize for best doctoral dissertation university-wide). He also received Osgoode Teaching Excellence Award in 2002. He is currently working on a funded study relating to human rights activism by the labor movement in Nigeria, as well as on a major project examining the character of refugee law/refugeehood post 9/11. Professor Okafor has published extensively in the fields of international human rights law and refugee law, as well as general public international law. Aside from this volume, he has also written or co-edited 5 other books and over 40 articles and papers.

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