Publisher Description

The Routledge Handbook of African Law provides a comprehensive, critical overview of the contemporary legal terrain in Africa. The international team of expert contributors adopt an analytical and comparative approach so that readers can see the nexus between different jurisdictions and different legal traditions across the continent.The volume is divided into five parts covering: Legal Pluralism and African Legal Systems The State, Institutions, Constitutionalism, and Democratic Governance Economic Development, Technology, Trade, and Investment Human Rights, Gender-Based Violence, and Access to Justice International Law, Institutions, and International Criminal LawProviding important insights into both the specific contexts of African legal systems and the ways in which these legal traditions intersect with the wider world, this handbook will be an essential resource for academics, researchers, lawyers, and graduate and undergraduate students studying this ever-evolving field.

Author Biography

Muna Ndulo is the William Nelson Cromwell Professor of International Law and the Elizabeth and Arthur Reich Director of the Leo and Arvilla Berger International Studies Program, Cornell Law School. He was formerly Professor of Law and Dean of the School of Law at the University of Zambia. Cosmas Emeziem is an Adjunct Professor of Law (Fall 2019), Cornell University Law School. He is also a Barrister and Solicitor of the Nigerian Supreme Court.

Table of Contents

Introduction PART ONE: LEGAL PLURALISM AND AFRICAN LEGAL SYSTEMS Chapter 1: Legal Pluralism in Africa: Three Levels and Seven Types of Law, Raymond A. Atuguba Chapter 2: Customary Marriages and the South African Constitution: The Recent Developments, Sipho Nkosi Chapter 3: Gods at War: Religion and Law-Making, Roseline K. Njogu Chapter 4: Pluralism and the Tenor of Bankruptcy Legislation in West African Societies, Samuel Boadi Adarkwah Chapter 5: Common Law in Kenya, Duncan M. Okubasu Chapter 6: The Evolution of Property Rights to Land in Postcolonial Buganda, Olive Sabiiti PART TWO: THE STATE, INSTITUTIONS, CONSTITUTIONALISM, AND DEMOCRATIC GOVERNANCE Chapter 7: One Nation, Multiple Identities: Ethnicity, Inclusivity, and Constitution- Making, Muna Ndulo Chapter 8: Democratic Transitions in Africa: The Issue of Civil Resistance and Unconstitutional Change of Government, Lydia A. Nkansah Chapter 9: Freedom of Expression in Zambia Revisited, Sangwani Patrick Ng'ambi Chapter 10: Mapping the Legal Contours of Presidential Electoral Law in Kenya: A Case Review of Raila Odinga v. Independent Electoral and Boundaries Commission Presidential Election 1 of 2017 , Luis Franceschi and Emmah Wabuke Chapter 11: The Unconstitutional Change of Government Normative Framework in Africa: Do Elections Matter?, O'Brien Kaaba Chapter 12: Commissions of Inquiry and the Quest for a Greater Accountability in Health Care Delivery in Africa: A Ghanaian Perspective, Ernest Owusu-Dapaa Chapter 13: The Effectiveness and Predictability of Social Security Law: Constitutional Perspectives from the Republic of South Africa, Letlhokwa George Mpedi Chapter 14: Rule of Law with African Characteristics, Salvatore Mancuso PART THREE: ECONOMIC DEVELOPMENT, TECHNOLOGY, TRADE, AND INVESTMENT Chapter 15: Law and the Regulation of New Technologies in Africa, Olufunmilayo B. Arewa and Ayodeji O. Fakolade Chapter 16: The East African Community's Used Clothing Policy and International Trade Law, Chantal Thomas Chapter 17: Technology, Legal Information, and Access to Justice in Africa, Femi Cadmus Chapter 18: Show Me the Money: Evaluating the Significance of Traditional Knowledge and Cultural Expressions in the Context of Foreign Direct Investment Outflows, Anthony C. K. Kakooza Chapter 19: Labor Law, Labor Market Regulation, and Social Protection in Sub-Saharan Africa: Emerging Trends in Comparative Perspective, Chanda Chungu and Evance Kalula Chapter 20: The Pan-African Investment Code and Its Impact on Investments and Resource Extraction in Africa, Dunia P. Zongwe PART FOUR: HUMAN RIGHTS, GENDER-BASED VIOLENCE, AND ACCESS TO JUSTICE Chapter 21: The ECOWAS Citizen in a Dilemma: The Role of the ECOWAS Court of Justice in the Promotion of Human Rights in West Africa, George Asare-Afriyie Chapter 22: When Criminal Law is Not Enough: Toward a Holistic Approach to Gender-Based Violence Prevention and Response in Zambia and Beyond, Elizabeth Brundige and Tinenenji Banda Chapter 23: African Law and the Rights of Sexual Minorities: Western Universalism and African Resistance, Nicholas Kahn-Fogel Chapter 24: Developing Effective Money-Laundering Laws in Africa: Dealing with Corrupt, Politically Exposed Persons, John Hatchard Chapter 25: Citizenship, Rights, and Political Subjectivity in Eritrea, Kibron Teweldebirhan and Luwam Dirar PART FIVE: INTERNATIONAL LAW, INSTITUTIONS, AND INTERNATIONAL CRIMINAL LAW Chapter 26: Addressing Serious Crimes of Global Concern in Africa: Dribbling Around the Problem, Chris Maina Peter Chapter 27: South Africa's Contribution to the International Criminal Justice, Ntombizozuko Dyani-Mhango Chapter 28: Stateless and Rightless? An Appraisal of Standards and Practices on Prevention of Statelessness and Protection of Stateless Persons in Africa, Juliana Masabo Chapter 29: Abducted, Inducted, and Indicted: The Case of Dominic Ongwen in the International Criminal Court, Simeon P. Sungi and George R. Kakoti Chapter 30: From Brussels to Addis Ababa: A Contextual and Comparative Analysis of Access to Justice Under African Private International Law in Africa, Pontian Okoli Chapter 31: An Assessment of the Right of Individuals to Access the Southern African Development Community Tribunal, Onkemetse Tshosa Chapter 32: Beyond Formalism and uti possidetis: The International Court of Justice and Boundary Disputes in Africa, Cosmas Emeziem

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