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ESSAY

The impact of clawback clauses on human and peoples' rights in Africa

Pages 95-104 | Published online: 22 Jul 2010

Notes

  • http://www.african-union.orgAdopted in Addis Ababa in June 1998, CAB/LEG/66.5 (entered into force on 25 January 2004) (accessed 26 January 2009)
  • Stemmet , A . 1998 . “ A future African Court for Human and Peoples' Rights and domestic human rights norms ” . In South African Yearbook on International Law , 233 Pretoria : University of South Africa .
  • M'Baye , K and Ndiaye , B . 1982 . “ The Organisation of African Unity ” . In The international dimensions of human rights , Edited by: Vasak , K . vol 2 , 594 Westport, Conn : Greenwood Press . revised and edited for the English edition by Philip Alston
  • Preamble of the Protocol
  • Article 2 of the Protocol
  • Baimu , E . 2000 . The African Union: hope for better protection of human rights in Africa? . African Human Rights Law Journal , 1 ( 2 ) : 299 On the African Union, see generally
  • http://www.african-union.orgArticle 18(1) of the Constitutive Act of the African Union, 11 July 2000, CAB/LEG23.15 (entered into force on 26 May 2001) (accessed 26 January 2009)
  • Decision Assembly/AU/Dec.196(XI)
  • Stemmet . A future African Court for Human and Peoples' Rights 233
  • Umozurike , U O . 1983 . The African Charter on Human and Peoples' Rights . African Journal of International Law , 77 ( 4 ) : 902 (cited in E Bello, The mandate of the African Commission on Human and Peoples' Rights: article 45 mandate of the Commission, African Journal of International Law 1 (1988), 59)
  • The Assembly of Heads of State and Government was established by article VII(1) of the Charter of the Organisation of African Unity 479 UNTS 39 (entered into force on 13 September 1963). In terms of article VIII, ‘[t]he Assembly shall be the supreme organ of the Organisation’
  • Stemmet . A future African Court for Human and Peoples' Rights 235
  • Udombana , N J . 2000 . Towards the African Court on Human and Peoples' Rights: better late than never . Yale Human Rights and Development Law Journal , 3 : 45
  • Yale Human Rights and Development Law Journal , 58
  • Yale Human Rights and Development Law Journal , 70
  • Yale Human Rights and Development Law Journal , 71
  • Viljoen , F . 1999 . “ Review of the African Commission on Human and Peoples' Rights 21 October 1986 to 1 January 1997 ” . In Human rights law in Africa 1997 , Edited by: Heyns , C . 74 The Hague : Kluwer Law Publishers . During the first ten years of existence of the African Charter, the African Commission gave final decisions on the merits in 12 cases of individual complaints. In all these cases, the governments concerned were found to have violated the African Charter
  • The European Commission was created by the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 (entered into force on 13 September 1953). The European Commission itself was established in 1954 and was later amended by Protocol 11 which replaced the court and commission system with a court alone
  • The European Court was originally the product of the European Convention. The old system was replaced by Protocol 11 ETS 155 signed on 11 May 1994
  • Heyns , C . 1995 . African Human Rights Law and the European Convention . South African Journal of Human Rights , 11 : 253
  • Osterdahl , I . 1998 . The jurisdiction ratione materiae of the African Court of Human and Peoples' Rights: a comparative critique . Review of the African Commission on Human and Peoples' Rights , 7 : 133
  • Review of the African Commission on Human and Peoples' Rights , 253
  • Review of the African Commission on Human and Peoples' Rights ,
  • O'Shea , A . 2000 . A human rights court in an African context . Commonwealth Law Bulletin , 26 ( 2 ) : 1320
  • Handyside v United Kingdom (merits judgment), E Ct H R . application 5493/72. Judgment of 7 December 1976 paragraph 48
  • Stemmet . A future African Court for Human and Peoples' Rights 242
  • O'Shea . A human rights court in an African context 1321
  • Marks , S . 1995 . Civil liberties at the margin: the UK derogation and the European Court of Human Rights . Oxford Journal of Legal Studies , 15 : 74
  • Cha'are Shalom ve Tsedek v France (merits), E Ct H R . 27 June 2000 . 27 June , application 27417/95, Judgment of
  • Wadham , J and Mountfield , H . 1999 . Blackstones guide to the Human Rights Act, 1998 , 14 London : Blackstone Press .
  • Benvenisti , E . 1999 . The margin of appreciation, consensus and universal standards . International Law and Politics , 31 : 843
  • International Law and Politics , 45
  • Marks . Civil liberties at the margin 74
  • Civil liberties at the margin 76
  • Heyns . African Human Rights Law and the European Convention 253
  • World Health Organisation . Press release, WOM/1035 (4 March 1998), Commission on the Status of Women, 42nd Session, 5th meeting (AM), Needs of Girl Child Focus on Panel Discussions at Commission on the Status of Women
  • O'Shea . A human rights court in an African context 1312
  • MacDonald , R St J . 1993 . “ The margin of appreciation ” . In The European system for the protection of human rights , Edited by: MacDonald , R St J , Matscher , F and Petzold , H . 123 Dordrecht : M Nijhoff .
  • Benvenisti . The margin of appreciation 359
  • Mutua , M . The African human rights system: a critical evaluation 6 http://www.hdr.undp.org/docs/publications/background_papers/MUTUA.pdf(accessed 7 June 2008)
  • Dlamini , C R M . 1995 . Human rights in Africa: which way South Africa? , 94 Durban : Butterworth .
  • Mutua . The African human rights system 3
  • Dlamini . Human rights in Africa 85
  • Human rights in Africa
  • Barnett , H . 1996 . Constitutional and administrative law, , 1st ed , 83 London : Cavendish .

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