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In this book Charles Mwalimu explores viable grassroots representation mechanisms in African constitutions in order to positively integrate indigenous and modern systems in Sub-Saharan Africa. A comparative study method is used to examine the constitutional principles of chieftaincy and local government and their impact on human rights. To establish and prove lack of positive integration Mwalimu connects this failure to poor constitutionalism, development and stultified growth and human rights violations. This book proposes remedial actions to build nondiscriminatory constitutional regimes eradicating violations of human rights.
v. 1 Dynamic jurisprudential thought --
With the launch of the World Trade Organization (WTO) in 1995, its Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) emerged as a symbol of coercion in international economic relations. In the decade that followed, intellectual property became one of the most contentious topics of global policy debate. This book is the first full-length study of the politics surrounding what developing countries did to implement TRIPS and why. Based on a review of the evidence from 1995 to 2007, this book emphasises that developing countries exhibited considerable variation in their approach to TRIPS implementation. In particular, developing countries took varying degrees of advantage of the legal safeguards and options-commonly known as TRIPS 'flexibilities'-that the Agreement provides. To explain this variation, this book argues that TRIPS implementation must be understood as a complex political game played out among developing country governments and a range of stakeholders-developed countries, non-governmental organisations (NGOs), intergovernmental organisations (IGOs), and industry groups. The contested nature of the TRIPS bargain spurred competing efforts to revise the terms of TRIPS and to influence global IP regulation more broadly. The intensity of the implementation game was amplified by an awareness among the various stakeholders that the IP reforms developing countries pursued would influence these ongoing international negotiations. The book attributes the variation in TRIPS implementation to the interplay between these global IP debates, international power pressures, and political dynamics within developing countries. The book includes historical analysis, compilations of evidence, and analysis supported by examples from across the developing world. The Implementation Game will be of interest both to scholars of international relations, law, and international political economy as well as to policymakers, commentators, and activists engaged in debates on the global governance of intellectual property.
This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.
Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea