Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution
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Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution
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Author : Ndjodi Ndeunyema
language : en
Publisher: Pretoria University Law Press
Release Date : 2021-10-01
Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution written by Ndjodi Ndeunyema and has been published by Pretoria University Law Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-01 with Law categories.
This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and articulates the correlative duties within the context of the respect – protect – fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission’s Principles and Guidelines on Social and Economic Rights, and the World Health Organisation’s Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.
Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution
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Author : Ndjodi Ndeunyema
language : en
Publisher: New Generation Publishing
Release Date : 2021-11-05
Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution written by Ndjodi Ndeunyema and has been published by New Generation Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-05 with Political Science categories.
This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu - which is legally developed through its four key principles of community, interdependence, dignity and solidarity - is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as 're-invigorative constitutionalism'. The book advances the 'AQuA' (adequacy - quality - accessibility) content of water and articulates the correlative duties within the context of the respect - protect - fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission's Principles and Guidelines on Social and Economic Rights, and the World Health Organisation's Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.
Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution
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Author : Ndjodi Ndeunyema
language : en
Publisher:
Release Date : 2021
Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution written by Ndjodi Ndeunyema and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu - which is legally developed through its four key principles of community, interdependence, dignity and solidarity - is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as 're-invigorative constitutionalism'. The book advances the 'AQuA' (adequacy - quality - accessibility) content of water and articulates the correlative duties within the context of the respect - protect - fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission's Principles and Guidelines on Social and Economic Rights, and the World Health Organisation's Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts.
Comparative Law And Jurisprudence In Namibia
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Author : Samuel Kwesi Amoo
language : en
Publisher: African Books Collective
Release Date : 2025-01-31
Comparative Law And Jurisprudence In Namibia written by Samuel Kwesi Amoo and has been published by African Books Collective this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-31 with Law categories.
Comparative law examines the differences and similarities between various countries' laws and legal systems across the world, such as common, civil and socialist laws. Its significance has grown dramatically in the current era of internationalism, populism, (economic) globalization, and democratization. Despite its relevance, Namibia lacks scholarly literature in comparative law. Comparative Law and Jurisprudence in Namibia provides in-depth understanding of the theoretical framework of different legal systems and of comparative law, and contextualizes its application for the Namibian context, particularly towards a unified legal system. It addresses topics such as comparative law's conceptual framework, the interplay between courts and comparative law, and comparative law praxis, or the practical application thereof. The chapters span across all levels of comparativism and promote a multidisciplinary approach to discourse including altering Namibian legal education. Futhermore the collection accelerates required legislative change in Namibia to guarantee a legal structure aligned with societal and constitutional imperatives in the twenty-first century.
Applied Afro Communitarian Ethics And Foreign Armed Intervention
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Author : Danny Singh
language : en
Publisher: Springer Nature
Release Date : 2024-10-10
Applied Afro Communitarian Ethics And Foreign Armed Intervention written by Danny Singh and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-10 with Philosophy categories.
Just war theory concerns the morality of engaging in warfare, the conduct in war and justice – including democratization and reconstruction – in the aftermath to end war. The morality of war can be measured from a variety of military and philosophical ethics that include theological, consequentialist and realist schools of thought. Various military interventions, such as Bosnia, Afghanistan and Iraq, have been analyzed and evaluated and criticized from a Western and, especially, liberal point of view. In this book, Danny Singh addresses foreign interventions from a different normative paradigm. Namely, he addresses the morality of foreign military interventions in light of Afro-communitarianism, a dominant philosophical approach in sub-Saharan Africa. According to Afro-communitarianism, positive communal relationships/social harmony are the greatest good that can be achieved to form friendship (which can be understood as the combination of shared identity and goodwill). Even though Afro-communitarianism prioritizes peaceful communal relations, enmity-behavior and violence are morally permissible if it either leads to a less disharmonious state of affairs or to a harmonious state of affairs or there are no friendly alternatives to achieve any of both desired outcomes but the initiator of conflict desires to promote them. Moreover, Afro-communitarianism prescribes dialogue as a guiding action to avoid military conflict. The book provides an alternative, and non-Western, approach to the morality of war and efforts to promote sustainable peace in the aftermath of conflict between warring belligerent parties.
Affirmative Action For Economically Weaker Sections And Upper Castes In Indian Constitutional Law
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Author : Asang Wankhede
language : en
Publisher: Taylor & Francis
Release Date : 2022-09-30
Affirmative Action For Economically Weaker Sections And Upper Castes In Indian Constitutional Law written by Asang Wankhede and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-30 with Law categories.
This book examines the controversial 103rd Constitutional Amendment to the Indian Constitution that introduced an income and asset ownership-based new constitutional standard for determining backwardness marking a significant shift in the government’s social and public policy. It also analyses state level policies towards backwardness recognition of upper-caste dominant groups through case studies of Maharashtra, Haryana, and Gujarat. It provides an analytical and descriptive account of the proliferation of reservation policy in India and critiques these interventions to assess their implication on constitutional jurisprudence. Further, it assesses the theoretical and empirical challenges such developments pose to the principle of substantive equality and scope of affirmative action policies in Indian constitutional law and general discrimination law theory. The monograph shows how opening up of reservations for dominant upper-caste groups and general category will have implications for the constitutional commitment to addressing deeply entrenched marginalisation emanating from the traditional social hierarchy and the understanding of substantive equality in Indian Constitutional law. Further, it highlights key contradictions, incoherence, and internal tension in the design of the reservations for Economically Weaker Sections Critical, comprehensive, and cogently argued, this book will contribute and shape ongoing constitutional policy and judicial debates. It will be of great interest to scholars and researchers of law, Indian politics, affirmative action, social policy, and public policy.
Teaching International Law
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Author : Jean-Pierre Gauci
language : en
Publisher: Taylor & Francis
Release Date : 2024-06-26
Teaching International Law written by Jean-Pierre Gauci and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-26 with Law categories.
The practice of teaching international law is conducted in a wide range of contexts across the world by a host of different actors – including scholars, practitioners, civil society groups, governments, and international organisations. This collection brings together a diversity of scholars and practitioners to share their experiences and critically reflect on current practices of teaching international law across different contexts, traditions, and perspectives to develop existing conversations and spark fresh ones concerning teaching practices within the field of international law. Reflecting on the responsibilities of teachers of international law to engage with and confront histories, contemporary crises, and everyday events in their teaching, the collection explores efforts to decenter the teacher and the law in the classroom, opportunities for dialogical and critical approaches to teaching, and the possibilities of co-producing non-conventional pedagogies that question the mainstream underpinnings of international law teaching. Focusing on the tools and techniques used to teach international law to date, the collection examines the teaching of international law in different contexts. Traversing a range of domestic and regional contexts around the world, the book offers insights into both the culture of teaching in particular domestic settings, aswell as the structural challenges and obstacles that arise in terms of who, what, and how international law is taught in practice. Offering a unique window into the personal experiences of a diversity of scholars and practitioners from around the world, this collection aims to nurture conversations about the responsibilities, approaches, opportunities, and challenges of teaching international law.
The Palgrave Handbook Of Ubuntu Inequality And Sustainable Development
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Author : Ezra Chitando
language : en
Publisher: Springer Nature
Release Date : 2025-02-28
The Palgrave Handbook Of Ubuntu Inequality And Sustainable Development written by Ezra Chitando and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-28 with Science categories.
The Palgrave Handbook of Ubuntu, Inequality and Sustainable Development interrogates the multiple inequalities that subsist in the world and explores how Ubuntu, emerging from Africa but being potentially applicable elsewhere, holds promise for mitigation and resolution. It highlights inequalities that relate to gender, climate change, the environment, race, migration, and the struggle against poverty. It reflects on how and the extent to which Ubuntu can be a strategic resource in pursuit of equality and justice.
South Africa Pushed To The Limit
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Author : Hein Marais
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-01-13
South Africa Pushed To The Limit written by Hein Marais and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-13 with Political Science categories.
Since 1994, the democratic government in South Africa has worked hard at improving the lives of the black majority, yet close to half the population lives in poverty, jobs are scarce, and the country is more unequal than ever. For millions, the colour of people's skin still decides their destiny. In his wide-ranging, incisive and provocative analysis, Hein Marais shows that although the legacies of apartheid and colonialism weigh heavy, many of the strategic choices made since the early 1990s have compounded those handicaps. Marais explains why those choices were made, where they went awry, and why South Africa's vaunted formations of the left -- old and new -- have failed to prevent or alter them. From the real reasons behind President Jacob Zuma's rise and the purging of his predecessor, Thabo Mbeki, to a devastating critique of the country's continuing AIDS crisis, its economic path and its approach to the rights and entitlements of citizens, South Africa Pushed to the Limit presents a riveting benchmark analysis of the incomplete journey beyond apartheid.
Indigenous Knowledge And The Integration Of Knowledge Systems
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Author : Catherine Alum Odora Hoppers
language : en
Publisher: New Africa Books
Release Date : 2002
Indigenous Knowledge And The Integration Of Knowledge Systems written by Catherine Alum Odora Hoppers and has been published by New Africa Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
This book explores the role of the social and natural sciences in supporting the development of indigenous knowledge systems. It looks at how indigenous knowledge systems can impact on the transformation of knowledge generating institutions such as scientific and higher education institutions on the one hand, and the policy domain on the other.