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This book provides readers with the knowledge necessary to fully understand how international law carved the history and life of Namibia. It observes that Namibia has benefited from and contributed to international law in a way that shaped that country’s political and socio-economic development and to an extent that few other countries experienced. For many a year since Namibia achieved Independence on 21 March 1990 and established the Faculty of Law at the University of Namibia in 1992, students and lecturers have relied on materials from South Africa, despite the fact that Namibian law has since then grown apart from its South African heritage. It is high time for lecturers and students in Namibia to teach and learn with a textbook that analyses international law from the distinct standpoint of Namibia and that views the nation’s legal interactions with other states through its own prism! And this textbook aims to do just that. Through its 19 chapters, this book informs readers about international law, its sources, international treaties, Namibian statehood, dispute resolution, the use of force, human rights, Namibia’s economic relations with the outside world (including the Southern African Customs Union), and the law of the sea. Namibian courts have in their own way followed the rules of international law scrupulously, but – as this book shows – international law nonetheless remains the source of Namibian law that lawyers apply the least. Accordingly, this book underlines the significance, the practical utility, and the relevance of international law in the unique Namibian context.
he book offers a frank account of an African state that shook off colonial rule but has yet to see the fruits of independence distributed evenly among its people. Drawing on inside knowledge of SWAPO, the anti-colonial liberation movement, the author provides a valuable case study of nation building in the modern era.
The book provides a compilation of papers on current condition of the management of the rule of law in Namibia.
On March 21, 1990, Sam Nujoma was sworn in as the first president of independent Namibia. This ceremony marked the end of a struggle that lasted more than two decades and a period of colonialism that lasted more than a century. Finally, after decades long wars over grazing in the 19th century, genocidal colonial suppression by Germany at the beginning of the 20th century, repressive apartheid racialism throughout the 20th century, and a prolonged armed liberation struggle, Namibians had the chance to choose their own leaders, develop a democratic political process in a free society, and to bring economic development and greater equity to their country. The Historical Dictionary of Namibia covers the history of Namibia through a chronology, an introductory essay, appendixes, and an extensive bibliography. The dictionary section has several hundred cross-referenced entries on important personalities, politics, economy, foreign relations, religion, and culture. This book is an excellent access point for students, researchers, and anyone wanting to know more about Namibia.
This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.
The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.
The book gives an account of the independence of judiciary in Namibia.