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Legal aspects of banking regulation: Common law perspectives from Zambiaby Kenneth K Mwenda2010ISBN: 978-0-9814420-7-5Pages: 330Print version: AvailableElectronic version: Free PDF available.
Public International Law and the Regulation of Diplomatic Immunity in the Fight against Corruptionby Kenneth K Mwenda2011ISBN: 978-0-9869857-9-9Pages: 212Print version: AvailableElectronic version: Free PDF available.
About the publication “Whether International Law is really law is one of those vexed questions that still linger. Prof. Mwenda’s three-pillar approach to looking at International Law is an exceedingly useful conceptual framework which is, at the same time, emblematic of the malleable nature of the discipline. The analysis demonstrates when States pay attention to international law, why they feel compelled to do so, when they choose not to, and why all that matters. This is an extremely timely and accessible book which should be useful to the legal academy and to practitioners.” –DR VICTOR B. MOSOTI Chief Counsel for Environmental and International Law, Legal Vice-Presidency, The World Bank “Prof. Mwenda’s book, ‘Contemporary Issues in International Law’, is a must-read masterpiece on international law for practitioners, academics and students of public international law. It is a thought-provoking book that touches on contemporary issues confronting international law at a time when multilateralism…is under serious threat. It touches on issues that need to be discussed and addressed in order to be able to deal with the emerging challenges of rising nationalism among leading nations of the world.” –BRIAN CHIGAWA, ESQ Director of Legal and Corporate Affairs, Common Market for Eastern and Southern Africa (COMESA)
Poverty-related problems facing Africa are not only overwhelming but are also monumental and worrisome. Some of Africa's poverty problems are self-inflicted and have increasingly become systemically chronic, while others are externally instigated. This book focuses on an aspect of those problems that are principally internal to Africa--the issue of corruption. The book picks out Zambia as a case study. Thus, the efficacy of the legal and institutional framework for fighting corruption in Zambia is examined. As an authoritative text on Zambian jurisprudence, this book brings out critically and analytically incisive legal perspectives. The book also makes reference to closely related developments in other jurisdictions. Weaknesses in the legal and institutional framework in Zambia are identified, and the book spells out proposals to strengthen the framework. "The book is an excellent attempt to set the record straight on the otherwise often confusing present situation in Zambia vis--vis the established legal and institutional mechanisms, which sometimes appear to compete against each other. This seems to work against the very raison d'tre or objective for which they were instituted. The book attempts to provide some solutions on how this could be avoided or overcome. ... It is a highly recommended work for people in other countries, especially developing ones, who are also involved in the fight against corruption to draw lessons from Zambia's attempt to rid itself from this scourge." - Dr. Mpazi Sinjela, LL.B (UNZA), LL.M, JSD (Yale) Dean, WIPO Worldwide Academy; Professor, (Visiting), Lund University and Raoul Wallenberg Institute (Sweden); Co-Director and Professor, Masters DegreeProgram in Intellectual Property, University of Turin, (Italy)
Getting Zambia to Work examines some critical issues in Zambia's recent history, including the country's unhealthy dependency on 'foreign largess' and their implications for national self-assertion, social self-reliance and sustainable development. The book suggests practical and simple ways in which Zambia could lift itself out of its current underdevelopment trap. Though most of the proposed solutions do not require huge investments in new money, they do however require improved transparency and accountability in the use of existing resources.
African states are often called corrupt, indicating that the political system in Africa differs from the one prevalent in economically advanced democracies. This, however, does not give us any insight into what makes corruption the dominant norm of African statehood. Thus we must turn to the overly neglected theoretical work on the political economy of Africa in order to determine how the poverty of governance in Africa is firmly anchored both in Africa’s domestic socioeconomic reality, as well as in the region’s role in the international economic order. Instead of focusing on increased monitoring, enforcement and formal democratic procedures, this book combines economic analysis with political theory in order to arrive at a better understanding of the political-economic roots of corruption in Sub-Saharan Africa.
Through its strength in numbers and remarkable presence in politics, Pentecostalism has become a force to reckon with in twenty-first-century Zambian society. Yet, some fundamental questions in the study of Zambian Pentecostalism and politics remain largely unaddressed by African scholars. Situated within an interdisciplinary perspective, this unique volume explores the challenge of continuity in the Zambian Pentecostal understanding and practice of spiritual power in relation to political engagement. Chammah J. Kaunda argues that the challenge of Pentecostal political imagination is found in the inculturation of spiritual power with political praxis. The result of this inculturation is that Zambian Pentecostals sacralize the political authority of state power through the charisma of the national president and other major political personalities. It has also contributed to the construction of Zambian Pentecostal leadership that is deified rather than leadership that is formed through the struggles and experiences of the marginalized and powerless. Kaunda argues that the solution does not lie either in desacralization of powers or the separation between the church and the state, but rather in rethinking the Christ event as a paradigm for the recovery of Pentecostalism's sociopolitical prophetic dynamism.
This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.