African Journal Of International And Comparative Law


African Journal Of International And Comparative Law
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African Journal Of International And Comparative Law


African Journal Of International And Comparative Law
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Author :
language : fr
Publisher:
Release Date : 1999

African Journal Of International And Comparative Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Comparative law categories.




Re Defining Legitimate Statehood


Re Defining Legitimate Statehood
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Author : Obiora Chinedu Okafor
language : en
Publisher: BRILL
Release Date : 2021-10-18

Re Defining Legitimate Statehood written by Obiora Chinedu Okafor and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.


The purpose of this volume is dual. The first is to provide information about the question of the role that doctrines and practices of international law have played in the emergence and persistence of the phenomenon of socio-cultural fragmentation, and therefore of inter-group conflict, within African states. The second is to provide original thought about the ways in which, prompted by the emergent turn in our time to minority and group rights, international law and multilateral African states have begun the long journey toward modifying those doctrines and practices that have led to such unfortunate results, and have thereby begun to make very valuable contributions to the effort to prevent and/or reduce the incidence of inter-group strife in specific African contexts. The book is not, however, limited in scope by its utilisation of Africa as a case study. The book's core is based on analysis of traditional and contemporary international legal doctrines and practices, their effects in specific contexts, as well as on the role of multilateral institutions in the prevention of internecine conflict within established states. It is hoped that, with the use of African states as case studies, the book will be a contribution to the advancement of scholarly knowledge regarding the general question of the relationship among the doctrines of international law, the activities of multilateral institutions, and the management of the problems of fragmentation and internecine strife within established states the world over. This volume is relevant to international lawyers, specialists in international politics, diplomats, theorists, minority and group rights scholars, historians, and human rights activists in general. It is particularly relevant to the African studies specialist, the statesman and the diplomat.



Private International Law In Nigeria


Private International Law In Nigeria
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Author : Chukwuma Okoli
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-06-11

Private International Law In Nigeria written by Chukwuma Okoli and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-11 with Law categories.


This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.



The Investment Treaty Regime And Public Interest Regulation In Africa


The Investment Treaty Regime And Public Interest Regulation In Africa
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Author : DOMINIC. DAGBANJA
language : en
Publisher: Oxford University Press
Release Date : 2022-08-11

The Investment Treaty Regime And Public Interest Regulation In Africa written by DOMINIC. DAGBANJA and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-11 with Africa categories.


A large amount of foreign direct investment (FDI) has been poured into Africa in recent decades and these investments can come with adverse effects on the environment, human rights, and development. At the same time, investment treaties, entered into by African states and aimed at promoting and protecting FDI, seriously limit those states' ability to regulate such activities in the interests of affected communities. Whilst these tensions have generated global debate, little attention has been paid to the legal status of many of these investment treaties, and whether - given their constitutional and customary international law obligations to act in the public interest - African states truly have the capacity to conclude treaties which contain standards of investment protection expressly preventing or unduly abridging the exercise of their regulatory authority. Focusing on this question, The Investment Treaty Regime and Public Interest Regulation in Africa presents The Imperatives Theory: a legal, normative, and principled framework for rethinking the legal status, making, and reform of investment treaties and investment dispute settlement in Africa, with relevant and significant implications for the global investment treaty regime.



Comparative Law In A Global Context


Comparative Law In A Global Context
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Author : Werner F. Menski
language : en
Publisher: Cambridge University Press
Release Date : 2006-03-30

Comparative Law In A Global Context written by Werner F. Menski and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-30 with Law categories.


Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.



The Impact Of Investment Treaty Law On Host States


The Impact Of Investment Treaty Law On Host States
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Author : Mavluda Sattorova
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-08

The Impact Of Investment Treaty Law On Host States written by Mavluda Sattorova and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-08 with Law categories.


Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.



Journal Of Comparative Legislation And International Law


Journal Of Comparative Legislation And International Law
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Author :
language : en
Publisher:
Release Date : 1950

Journal Of Comparative Legislation And International Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1950 with Comparative law categories.


Includes annual "Review of legislation" covering the years 1859-1949.



The Sources Of Nigerian Law


The Sources Of Nigerian Law
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Author : Andrew Edward Wilson Park
language : en
Publisher:
Release Date : 1963

The Sources Of Nigerian Law written by Andrew Edward Wilson Park and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Customary law categories.




Complementarity In The Rome Statute And National Criminal Jurisdictions


Complementarity In The Rome Statute And National Criminal Jurisdictions
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Author : Jann K. Kleffner
language : en
Publisher: OUP Oxford
Release Date : 2008-12-18

Complementarity In The Rome Statute And National Criminal Jurisdictions written by Jann K. Kleffner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-18 with Law categories.


This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.



Access To Environmental Justice A Comparative Study


Access To Environmental Justice A Comparative Study
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Author : Andrew Harding
language : en
Publisher: BRILL
Release Date : 2007-06-05

Access To Environmental Justice A Comparative Study written by Andrew Harding and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-05 with Law categories.


Although it is commonly asserted that enhanced citizen participation results in better environmental policy and improved enforcement of environmental standards, this hypothesis has rarely been subject to testing on a comparative basis. The contributors to this book set out to study the extent to which citizens can and do exert influence over their urban environments through the legal (and extra-legal) 'gateways' in eleven countries spanning several continents as well as different climates, levels and type of economic development, and national legal and constitutional systems, as well as exhibiting a different set of environmental problems. One interviewee questioned about access to environmental justice, dryly remarked that in his city there was no environment, no justice and no access to either. Yet this view, as will be seen, requires to be nuanced. While few people will be surprised by the finding that legal gateways to environmental justice are largely ineffective, the reasons for this are revealing; but also the richness of detail and the comparisons between the different countries, and also the positive aspects which surfaced in several instances, were indeed both encouraging and sometimes surprising. This book presents the first comparative survey of access to environmental justice, and will be of considerable use to lawyers, policy-makers, activists and scholars who are concerned with the environmental issues which so profoundly affect and afflict our habitat and conditions of social justice throughout the world.