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Fictions of Justice
By taking up the challenge of documenting how human rights values are embedded in rule of law movements to produce a new language of international justice that competes with a range of other formations, this book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices. These micropractices include speech acts that revere the protection of international rights, citation references to treaty documents, the brokering of human rights agendas, the rewriting of national constitutions, demonstrations of religiosity that make explicit the piety of religious subjects, and ritual practices of forgiveness that involve the invocation of ancestral religious cosmologies - all practices that detail the ways that justice is made real.
eBook
Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation
The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue. South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.
eBook
Sharia incorporated : a comparative overview of the legal systems of twelve Muslim countries in past and present
\"Sharia Incorporated is an ambitious study of how Islamic law traditions have been incorporated into the national legal systems throughout the Muslim world. Both puritan Islamists and Western alarmists tend to oversimplify and misrepresent the role and position of sharia. In response, this book takes stock of the actual legal positions, putting them into their socio-political and historical contexts. The twelve country chapters, each written by laudable international scholars speak to the historical evolution of Islamic, legal, and political ideas and practices. They consider the key legal issues raised by the 'Islamic awakening' of recent decades. Otto's conclusion presents the main findings of this unique comparative study and explains why the incorporation of sharia is such a thorny governance problem for an government in today's Muslim world. It is intended that this wealth of facts and analyses contributes to current debates on sharia, law, and politics\"--Publisher's description, p. [4] of cover.
Book
Regulating Transnational Corporations in Domestic and International Regimes
Africa's natural resources have been of interest to other areas of the world for centuries. During the nineteenth-century European colonization of Africa, raw materials such as rubber and diamonds were often extracted and exported by foreign businessmen and colonial governments. Today's transnational corporations (TNCs) continue the practice.
This study explores the range of strategies for regulating the social and environmental practices of TNCs in Africa's extractive industries. While acknowledging the partial success of conventional regulatory strategies, Evaristus Oshionebo argues that the current power imbalance between TNCs and African host governments makes them impossible to enforce effectively. Rather than simply critiquing the existing systems, Oshionebo proposes that a pluralistic approach, involving government agencies, corporations, non-governmental organizations, and local community associations in the regulatory process, might provide better results in Africa.
Innovative and daring, Regulating Transnational Corporations in Domestic and International Regimes offers new and practical solutions to old, entrenched problems.
eBook
African Constitutionalism and the Role of Islam
Constitutionalism is steadily becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region?African Constitutionalism and the Role of Islamseeks to answer these questions. Constitutional governance has not been, nor will be, easily achieved, Abdullahi Ahmed An-Na'im argues. But setbacks and difficulties are to be expected in the process of adaptation and indigenization of an essentially alien concept-that of of nation-state-and its role in large-scale political and social organization. An-Na'im discusses the problems of implementing constitutionalized forms of government specific to Africa, from definitional to conceptual and practical issues. The role of Islam in these endeavors is open to challenge and reformulation, and should not be taken for granted or assumed to be necessarily negative or positive, An-Na'im asserts, and he emphasizes the role of the agency of Muslims in the process of adapting constitutionalism to the values and practices of their own societies. By examining the incremental successes that some African nations have already achieved and An-Na'im reveals the contingent role that Islam has to play in this process. Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa.
eBook
Opening doors
Since the early 1990s, countries in the Middle East and North Africa (MENA) Region have made admirable progress in reducing the gap between girls and boys in areas such as access to education and health care. Indeed, almost all young girls in the Region attend school, and more women than men are enrolled in university. Over the past two decades, maternal mortality declined 60 percent, the largest decrease in the world. Women in MENA are more educated than ever before. It is not only in the protest squares that have seen women whose aspirations are changing rapidly but increasingly unmet. The worldwide average for the participation of women in the workforce is approximately 50 percent. In MENA, their participation is half that at 25 percent. Facing popular pressure to be more open and inclusive, some governments in the region are considering and implementing electoral and constitutional reforms to deepen democracy. These reforms present an opportunity to enhance economic, social, and political inclusion for all, including women, who make up half the population. However, the outlook remains uncertain. Finally, there are limited private sector and entrepreneurial prospects not only for jobs but also for those women who aspire to create and run a business. These constraints present multiple challenges for reform. Each country in MENA will, of course, confront these constraints in different contexts. However, inherent in many of these challenges are rich opportunities as reforms unleash new economic actors. For the private sector, the challenge is to create more jobs for young women and men. The World Bank has been pursuing an exciting pilot program in Jordan to assist young women graduates in preparing to face the work environment.
eBook