Suchergebnisse

This text argues that we must look beyond the traditional criteria of compliance and effectiveness to judge the performance of Africa's international courts. It demonstrates how these courts are important venues for activists and opposition parties to wage political, social, environmental, and legal struggles on the international stage.

Four relationships between war and commerce -- The effect of conquest on private property and contract rights -- The effect of occupation on private property and contract rights -- The creative tension between commercial freedom and belligerent rights -- War, investment and international law -- Slippages in the public/private in resource wars -- Commercializing war : private military and security companies, mercenaries and international law

This essay investigates the adequacy of the constitutional provisions in Kenya that guarantee judges' security of tenure. The author argues that the inadequacy of the tenure provisions explain, to some extent, why the Kenyan judiciary has failed to be at the forefront of the implementation of the Bill of Rights. He suggests that the judiciary has been too fearful of the government to fulfil this task given to it by the constitution. He concludes by proposing a new agenda that would facilitate the realisation of judges' security of tenure through, inter alia, the creation of safeguards against executive encroachment on judges' security of tenure. (DÜI-Hff)