Extraterritorial human rights obligations from an African perspective / edited by Lilian Chenwi, Takele Soboka Bulto.

Format:

Book

Contributor:

Chenwi, Lilian, editor.

Bulto, Takele Soboka, 1974- editor.

Language:

English

Subjects (All):

International law and human rights--Africa.

International law and human rights.

Human rights--Africa.

Human rights.

Africa.

Exterritoriality.

Physical Description:

1 online resource (xxxiii, 308 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Intersentia, 2018.

System Details:

text file

PDF

Summary:

Extraterritorial Human Rights Obligations from An African Perspective addresses the often neglected question of whether African regional human rights instruments impose extraterritorial obligations on State parties, and if so, the extent and scope of these obligations. The prevalence of extraterritorial violations of human and peoples' rights in the African system, due to the actions or omissions of African as well as non-African states, has not gone unnoticed. Strengthening extraterritorial obligations in Africa is an urgent necessity to ensure a rights-based African regional order that seeks to address, among other issues, challenges stemming from globalisation, accountability for human rights violations in Africa where a third state or entity (as well as an intergovernmental organisation) is involved, and to ensure respect and protection of the human rights of future generations. With the increasing quasi-judicial and judicial scrutiny of the extraterritorial reach of human rights and states' duties, at both international and regional levels, including from the African Commission, the African region is ripe for extraterritorial analysis. Extraterritoriality is an emerging concept in the context of international human rights law, and has generally not been the focus of many books, and less so in the African context. This book is therefore among the first book of its kind providing the reader with a unique perspective on this important topic.

Contents:

Extraterritoriality in the African Regional Human Rights System from a Comparative Perspective p. 13 / Lilian Chenwi and Takele Soboka Bulto

2 Human Rights in Africa p. 15

3 Extraterritoriality in African Regional Human Rights Law p. 17

4 Extraterritoriality in International Human Rights Law p. 41

5 Extraterritoriality in Other Regional Human Rights Law p. 54

Commercialisation of Educational Services and Extraterritorial Human Rights Obligations p. 63 / Fons Coomans

2 The Right to Education and Duties of States p. 65

3 Privatisation of Education p. 67

4 Private Actor Education Initiatives in African Countries p. 71

5 An Analysis of Extraterritorial Human Rights Obligations p. 78

Extraterritorial Human Rights Obligations in the Context of Development Assistance to African States p. 87 / Lilian Chenwi

2 Territorial and Extraterritorial Dimensions of the Duty of International Assistance and Cooperation p. 91

3 Extraterritorial Obligations to Respect, Protect and Fulfil Human Rights in Development Assistance p. 103

4 Development Assistance to Africa p. 107

The Right to Food Beyond Borders: The Extraterritorial Reach of the Right to Food in Africa p. 133 / Nadia C.S. Lambek and Claire Debucquois

2 The Right to Food and Recognition in Africa p. 136

3 Ensuring the Right to Food as an Extraterritorial Human Right Obligation p. 143

4 Extraterritorial Right to Food in Context: Addressing Transnational Land Deals from an Extraterritorial Human Rights Perspective p. 150

Extraterritorial Application of the Right to Water under the African System for the Protection of Human Rights p. 159 / Khulekani Moyo

2 The Legal Basis of the Right to Water under International Law p. 161

3 The Right to Water under the African System p. 162

4 Extraterritorial Obligations Regarding the Right to Water p. 169

Tortured Unity: United States-Africa Relations in Extraordinary Renditions and States' Extraterritorial Obligations p. 179 / Takele Soboka Bulto

2 Extraordinary Rendition: Meaning and Process p. 182

3 The Torture Room, The Torture Team p. 183

4 The Legal Position: Prohibition and Ritualism p. 186

5 State Obligations and Extraordinary Rendition p. 190

6 Africa: The Status Quo p. 193

7 Multiplicity of Actors and Problems of Attribution p. 195

Indigenous Communities Displaced by Climate Change and Extraterritorial Application of States' Obligations in Africa p. 207 / Ademola Oluborode Jegede

2 Indigenous Communities and Climate-Related Displacement p. 209

3 Extraterritorial Application and Regional Human Rights Instruments p. 215

Land Grabbing, Extraterritorial Obligations and the Failure of Justice in Uganda: The Mubende Case p. 231 / Christopher Mbazira

2 Land Grabbing and the Ugandan Context p. 233

3 Extraterritorial Obligations of States in the Context of Land Grabbing p. 243

Extraterritorial Obligations of Uganda for its Military's Failure to Respect and Protect Civilians in Areas of the Lord's Resistance Army Activity p. 255 / Prudence Acirokop

2 Human Rights Protection in Conflict Situations p. 260

3 Extraterritorial Application of international Human Rights Law p. 265

4 Obligations of States for Violations of International Humanitarian Law and International Human Rights Law p. 271.

Notes:

Title from publisher's bibliographic system (viewed on 02 Oct 2018).

Other Format:

Print version:

ISBN:

9781780686912

Access Restriction:

Restricted for use by site license.