The African Commission On Human And Peoples' Rights And International Law
Murrayâ??s analysis challenges the applicability of international law to the African situation. This book not only makes an important contribution to legal scholarship but will serve as a reference work, a textbook and an invaluable practitioners tool.
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The African Commission on Human and Peoples' Rights, established in 1987, was the third regional instrument, after the European and American systems, for the promotion and protection of human rights. This book, drawing on the jurisprudence and practice of the Commission, challenges the applicability of international law to the African situation. Following an examination of the evolution of the African Charter and the status of ratification, Murray questions the opposing dichotomy approach of international law. Her critical analysis covers the notion of the state, the issue of personality and the application of the international law distinctions between war and peace and judicial and amicable disputes. The experience and approach of the African Commission is compared with that of other regional and international bodies, leading to the conclusion that a more holistic approach to international law is required if human rights are to be adequately protected.In addition to making an important contribution to legal scholarship on the subject of the Commission this book will serve as a reference work, a textbook and an invaluable practitioners tool.
AcknowledgementsAbbreviationsTable of Cases1Theoretical Issues1Restraints of the Present Discourse2Opposing Dichotomies2The Scope of this Study42Evolution of the African Charter and Status of Ratification9Contents of the African Charter10The Role of the African Commission11Functions of the African Commission14An African Court on Human and Peoples' Rights273The Notion of the State33Relevance of Notion of the State33The Differences between Traditional and Western Structures33The African State as a Mixture of Pre-colonial and Western Structures35Impact of the Notion of the State on the Relationship between State and Individual364The Issue of Personality49Preliminary Considerations49The State51The Individual in the African System67The Role of Non-governmental Organisations in the African System87Peoples in the African System103The International Community113Conclusion to the Issue of Personality1195The Dichotomy of Laws Applicable in Times of War and Peace123Introduction to the Approach of the African Commission123The Lacuna in Internal Conflicts127The Utility of a Closer Integration of Humanitarian and Human Rights Laws131The Respective Protection Offered by Humanitarian and Human Rights Laws135Enforcement Dependant on the Will of States or Community Action137Enforcement of the Two Sets of Laws142Reservations146The Maintenance of an International Order1486The Amicable/Judicial Dichotomy153Settlement of Disputes in Other International Bodies153The Features of Amicable and Judicial Approaches155Effectiveness184The Relationship between Amicable and Judicial: Opposing Dichotomies1897Conclusion199Appendixes203Bibliography281Index309
