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Research Articles (Institute for International and Comparative Law in Africa)
Recent Submissions
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(Edinburgh University Press, 2024-11)Increasingly, popular participation has come to be regarded globally as a best practice in constitution-making. This article examines the different forms of popular participation in the most recent constitution-making ...
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Clarifying jus cogens, erga omnes and the place of third-party countermeasures in international law (University of South Africa, 2024-04)There is substantial support in literature of the idea that all norms of jus cogens are erga omnes, in that they produce obligations applicable towards all states. However, not all obligations erga omnes invariably flow ...
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(Pretoria University Law Press, 2024)In 2013 Zimbabwe adopted a gender quota system for the National Assembly. However, the quota system is set at 30 per cent, contrary to international law obligations domesticated under section 17 of the 2013 Zimbabwean ...
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(Brill Academic Publishers, 2024-07)The June 2023 elections in Sierra Leone occurred against the backdrop of amendments to the Public Elections Act (pea), the enactment of the Gender Equality and Women’s Empowerment Act (gewe), and a switch from the First ...
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(Nomos Verlagsgesellschaft, 2023)The year 2021 witnessed a global “coup pandemic”, with the highest number of successful overthrows of government in the past twenty years. Many of them – in Chad, Guinea, Mali, Sudan – occurred in Sub-Saharan Africa, a ...
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(Cambridge University Press, 2022-02)The contention of this article is that there is a need to debunk the myth that the diversity of Africa's inherited legal systems means that the continent has little to contribute to the global legal dialogue. For Africa ...
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(Sage, 2023-02)Comparison across jurisdictions is one way of assessing the appropriateness of lethal force resulting from the actions of law enforcement agencies. This article sets out a vision for a global use of force monitor that can ...
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(Sweet and Maxwell, 2022-06)It had been assumed that the advances in digital information technology and its increasing availability to ordinary Africans would facilitate broader public participation in decision-making and provide ordinary citizens ...
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(Pretoria University Law Press, 2021)The integration of international jurisprudence into the interpretation of the right to health of persons with disabilities by domestic courts is an important way of enhancing protection of the right at the national level. ...
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(Oxford University Press, 2021-03)Albeit the prohibition of recruitment and use in hostilities of children is an established norm of international law, recognized under both international humanitarian law and international human rights law, the problem ...
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(Pretoria University Law Press (PULP), 2021)The right of peaceful assembly has been recognised as a critical component of democracy. In Africa it played a significant role in the liberation of states from colonial oppression, and continues to be used to express ...
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(Pretoria University Law Press, 2021)The territorial scope of the application of human rights treaties has been a core discussion when dealing with the enforcement of human rights obligations imposed by human rights treaties on State Parties. In particular, this ...
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(Brill Academic Publishers, 2022)Most recent accounts paint a bleak and gloomy picture of the state of global democracy. This is particularly so in Africa where the optimism of a democratic revival in the 1990s is rapidly giving way to narratives of doom ...
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(T.M.C. Asser Press, 2020)Nuclear deterrence is not illegal under international law but is being delegitimised, in part as a result of the adoption of the United Nations Treaty on the Prohibition of Nuclear Weapons. The Treaty prohibits not only ...
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(Pretoria University Law Press (PULP), 2020)No abstract available.
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(Pretoria University Law Press, 2020)The need to act swiftly in times of emergency gives governments a reason to exercise emergency powers. This is a legally valid and accepted practice in modern democracies. Post-independence African constitutions contained ...
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(Routledge, 2021)One of Africa’s major challenges in the last three decades has been the need to restore confidence in the judiciary. During the long years of dictatorial rule, judges were stripped of their independence and appointed or ...
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(Pretoria University Law Press, 2018)Serious efforts to entrench the rule of law in Africa came with the socalled third wave of democratisation in the 1990s. This democratic revival raised hopes of a new era of governance guided by the basic principles of ...
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(Pretoria University Law Press, 2018)After the wave of democratic and constitutional reforms in the 1990s, the rule of law appeared to have enjoyed a revival in Africa. Apparently there were strong constitutional commitments by African countries for ...