The African Charter of Human and People's Rights: A Comprehensive Agenda for Human Dignity And Sustainable Democracy In Africa

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Martinus Nijhoff Publishers, 1 ian. 2003 - 1 pagini
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This work reveals the true dimension of the African Charter through a systematic analysis of its real or apparent innovations and a detailed assessment of the commitments of the States parties. It also analyzes the effectiveness of the mechanism put in place to monitor compliance with those commitments, examining the practice of the African Commission on Human and Peoples' Rights from its establishment in 1987. It incorporates major recent achievements in the field of the protection of human rights in Africa, including the creation of the African Court of Human and Peoples' Rights and the establishment of the African Union. This work is the expanded and updated English version of "La Charte africaine des droits de l'homme et des peuples - Une approche juridique des droits de l'homme entre tradition et modernite" (Presses Universitaires de France, Paris).

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ABBREVIATIONS
xxxi
TABLE OF COMMUNICATIONS LODGED WITH THE AFRICAN
xli
GENERAL INTRODUCTION
1
PART ONE
17
The process of developing the regulation
35
The diplomatic phase
44
THE MAIN FEATURES OF THE AFRICAN CHARTER
49
The normative aspect
55
Derogation and the law of the international
468
Conclusion
477
PART THREE
481
THE AFRICAN COMMISSION ON HUMAN
485
Operation of the Commission
505
Functions of the Commission
518
The protection of human and peoples rights
550
The interpretation of the African Charter
563

The institutional aspect
63
Conclusion
72
PART TWO
73
The civil and political rights
90
The political rights
155
services Article 13 3
182
Conclusion
199
OLD CONCEPTS AND
203
What may be inferred
209
The rights of freedom
215
to existence in Article 20
222
The rights of peoples to freely dispose of their
269
The collective rights of solidarity
289
The right to peace and security
333
The right to a satisfactory environment
353
Conclusion
372
MUCH ADO ABOUT
377
The legal content of the duties of the individual laid
401
The duties to the State and other legally
409
The legal scope of the special duties
416
DEROGATION FROM THE PROVISIONS OF THE AFRICAN
423
Derogation and rights limitation clauses
429
Derogation and the law of treaties
438
derogation
444
meet
450
Determining the fundamental change of circumstances
456
Procedure before the Commission
570
Procedure relating to other communications
584
The outcome of the two types of procedure
646
Conclusion
660
Presentation
666
Functions under the African Charter and its 1998
675
Functions under the 1998 Protocol establishing
681
Organization of the Court
696
Bureau
703
Functions of the Court
710
Applicant
717
Respondent
725
Advisory Function
748
Conclusion
755
GENERAL CONCLUSION
757
The adaptation of the African Charter to its environment
778
POSTSCRIPT by Mr Kamel RezagBara
801
Rules of procedure of the African Commission
827
Protocol to the African Charter on the establishment
867
Constitutive Act of the African Union
879
Diagram of the procedure before the African
897
Table of communications lodged with the African
907
SELECTED BIBLIOGRAPHY
919
ANALYTICAL INDEX
965
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Despre autor (2003)

Fatsah Ouguergouz holds a Doctorat ès Sciences Politiques (International Law) from the Graduate Institute of International Studies in Geneva. The author taught public international law for four years (1989-1992) at the faculty of Law in Geneva and was also Orville H. Schell Fellow at Yale Law School (New Haven). In 1992, he joined the Office of Legal Affairs of the United Nations (New York), as Associat Legal Officer, which post he left in 1994 to become Human Rights Officer in Rwanda. In 1995, he joined the staff of the Registry of the International Court of Justice (The Hague), firs as Legal Officer and currently as Secretary of the Court. He is the author of numerous publications and since 1993 has been Associate Editor of the African Yearbook of International Law.

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