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2. Decolonising governance: The state and chieftancy conflicts on the Ghana-Togo Borderlands
- Author:
- Edem Adotey
- Publication Date:
- 12-2021
- Content Type:
- Journal Article
- Journal:
- The Africa Governance Papers (TAGP)
- Institution:
- Good Governance Africa (GGA)
- Abstract:
- This paper examines the intersection between the modern state, chieftaincy, and international borders in governance in post-independence Ghana. It draws on a chieftaincy conflict in Ghana between Ave-Dzalele and Ave-Atanve, both Ewe-speaking communities in the Volta Region of Ghana and reflects in some detail on the involvement of the paramount chief of Edzi, whose is based in Togo, to show the complexities of governance in post-independence Ghana. The study highlights the tensions between the formal citizenship rules and traditional, informal rules of affiliation and explores the existing mechanisms for the resolution of such cross-border conflicts. It argues that modernist discourses on the sovereignty of the state and territorial integrity that ignore cross-border cultural ties limit effective approaches to the resolutions of these conflicts. This paper contributes to bridging the gap between country-specific chieftaincy research and research on cross-border chiefs in Africa through critical reflection on the limited literature on issues of governance that relate to the co-existence of modern states and international/cross-border chieftaincies. Ultimately, it calls for a decolonisation of African governance that recognises 'international chieftaincies' and formalises their roles in governance in cross- border areas around the continent.
- Topic:
- Post Colonialism, Governance, Law, Conflict, Borders, Decolonization, Tradition, and Chieftancy
- Political Geography:
- Africa, Ghana, and Togo
3. The web of legal pluralism and traditional authorities in Mozambique
- Author:
- Jorge João Muchacona
- Publication Date:
- 12-2020
- Content Type:
- Journal Article
- Journal:
- Brazilian Journal of African Studies
- Institution:
- Brazilian Journal of African Studies
- Abstract:
- Legal pluralism is seen as a theory that supports the coexistence of several legal systems within the same society. This is due to the existence of efficient legal systems, simultaneously in the same environment and spacetime. This coexistence of several legal systems in the same space and time has gained historical relevance due to several factors, such as the rupture of the Roman Empire, which resulted in the forced cultural exchange resulting from the barbarian invasions. Colonization also caused a situation in which several rules and customs of different peoples had to coexist, namely between colonized and colonizers. With decolonization, legal systems were created based on the rules of the colonizers, but with specificities and differences of their own. Globalization has also influenced the diversification of legal pluralisms, weakening the role of the state as the sole holder and creator of legal systems.
- Topic:
- Globalization, Law, Legal Theory, Colonialism, Authority, Pluralism, and Legal Sector
- Political Geography:
- Africa and Mozambique
4. A World in Transition: the Rise of Populism and the Fall of Multilateralism? (Full Issue)
- Author:
- Emily E. Fox, Richard Aidoo, Marten Brienen, Carlos de la Torre, Alexander B. Makulilo, and Joel Martinez
- Publication Date:
- 04-2017
- Content Type:
- Journal Article
- Journal:
- The Journal of Diplomacy and International Relations
- Institution:
- School of Diplomacy and International Relations, Seton Hall University
- Abstract:
- For the Journal’s 19th issue, we explore modern populism across the world. Richard Aidoo looks at the landscape of anti-Chinese populism in the context of Africa’s resource scramble, while Alexander B. Makulilo takes an in depth look at the siren song of populism in Tanzania. Marten Brienen and Carlos de la Torre hone in on populism in Latin America, exploring its early 21st Century evolution and its relationship with democracy respectively. Additionally, the Journal is proud to publish an interview with Ron Boquier and Raul Castillo, both of whom are active supporters of human rights in Venezuela, a county was a harbinger of recent global populist sentiment. Outgoing editor Joel Martinez speaks with Boquier and Castillo on the roles of the United Nations and United States in helping to advance democratic reform in the country.
- Topic:
- International Relations, Human Rights, Politics, Natural Resources, Law, Democracy, Populism, Multilateralism, and Capital Flows
- Political Geography:
- Africa, China, Asia, Latin America, and Tanzania
5. Journal of Public and International Affairs 2017
- Author:
- Bethany Atkins, Trevor Pierce, Valentina Baiamonte, Chiara Redaelli, Hal Brewster, Vivian Chang, Lindsay Holcomb, Sarah Lohschelder, Nicolas Pose, Stephen Reimer, Namitha Sadanand, and Eustace Uzor
- Publication Date:
- 05-2017
- Content Type:
- Journal Article
- Journal:
- Journal of Public and International Affairs (JPIA)
- Institution:
- School of Public and International Affairs (SPIA), Princeton University
- Abstract:
- From the United States to the Switzerland, this year’s Journal draws on a diverse range of authors’ experiences and studies to analyze a varied—yet timely—set of current issues. By spotlighting topics such as climate change, voting rights, and gender issues, JPIA contributes to the debates that are occurring today. The strong use of quantitative analysis and in-depth study of resources ensures that this year’s Journal adds a select perspective to the debate that hopefully policymakers will find useful and actionable.
- Topic:
- Security, Climate Change, Development, Narcotics Trafficking, Law, Prisons/Penal Systems, Elections, Women, Brexit, Multilateralism, Private Sector, Carbon Tax, Carbon Emissions, and Gerrymandering
- Political Geography:
- Britain, Afghanistan, Africa, China, South Asia, Central Asia, Asia, and Nigeria
6. Anglers of Men: the Politics of Rescuing African Migrants in the Mediterranean Basin
- Author:
- Lorenzo Rinelli
- Publication Date:
- 12-2017
- Content Type:
- Journal Article
- Journal:
- Review of Human Rights
- Institution:
- Society of Social Science Academics (SSSA)
- Abstract:
- This article theorizes the dynamics that emerge from the intimate relationship between contemporary African migration, liquid borders, and law around the channel of Sicily, between Italy and Libya. There, in the same waters where Ulysses and Aeneas roamed for years, whose epic journeys are considered foundational within the European identity narrative, today the trajectories that migrants boats traverse are disrupting and shuffling the European geographical limits. As a response, states are enacting a policy of containment that renders African migrants’ presence at sea invisible, while criminalizing human solidarity enacted by private organizations as well as individuals. Making use of a legal discourse analysis I will dig the premises behind the antinomic concept of criminal solidarity that emerges today in Europe as a somehow coherent system of thought, shaped by laws, codes of conduct, rules, and rulings. Specifically, by analyzing the rulings of one tribunal in Sicily, I will make an attempt to expose how rigid conceptions of borders naturalize state’s efforts to define the limits of national territory, while conversely, I will consider how the micropolitics of justice are capable of shaping the contours of discourses on current migration.
- Topic:
- Human Rights, Migration, Law, Refugees, and Borders
- Political Geography:
- Africa, Europe, Libya, and Mediterranean
7. Journal of Public and International Affairs 2014
- Author:
- Daphne McCurdy, Chikara Onda, Aaron Aitken, Lucia Adriana Baltazar Vazquez, John Paul Bumpus, John Speed Meyers, Pierina Ana Sanchez, Yolaine Frossard de Saugy, Melanie Harris, Steve Moilanen, Stephen Pritchard, Nicolas Collin dit de Montesson, and Naomi Crowther
- Publication Date:
- 05-2014
- Content Type:
- Journal Article
- Journal:
- Journal of Public and International Affairs (JPIA)
- Institution:
- School of Public and International Affairs (SPIA), Princeton University
- Abstract:
- From pressing foreign policy issues such as territorial disputes in the South China Sea and homicide rates in Honduras to contentious domestic policy debates such as the rights of Mexican immigrants in the United States and the construction of the Keystone pipeline, the topics in this year’s journal are wide-ranging in both functional and geographic focus. However, they all share a strong commitment to seeking solutions to the world’s most serious challenges through sound policy.
- Topic:
- Crime, Government, Oil, Poverty, Sovereignty, Bilateral Relations, Territorial Disputes, Foreign Aid, Immigration, Governance, Law, Cybersecurity, and Grand Strategy
- Political Geography:
- Africa, China, Iran, Canada, Philippines, Mexico, Honduras, United States of America, and South China Sea
8. Africa's Imperial Presidents: Immunity, Impunity and Accountability
- Author:
- Charles Manga Fombad and Enyinna Nwauche
- Publication Date:
- 01-2012
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- A fundamental tenet of modern constitutionalism is that nobody, regardless of his status in society, is above the law. Constitutional reforms in the 1990s saw the introduction in many African countries of constitutions which for the first time provide some prospects for promoting constitutionalism and respect for the rule of law. This article reviews the extent to which these reforms have addressed the issue of presidential absolutism and the abuses that go with it. It examines some of the factors that made African presidents to be so powerful that the conventional constitutional checks and balances could not restrain their excesses. It also reviews the attempts to limit impunity through immunity provisions. It concludes that unfortunately, the 1990 reforms did not adequately address the problem of presidential absolutism. A number of ways, nationally and internationally, in which presidential accountability could be enhanced and the culture of impunity ended is suggested.
- Topic:
- Law and Reform
- Political Geography:
- Africa
9. Post-Colonial Public Law: Are Current Legal Establishments Democratically Illegitimate?
- Author:
- Jean-Paul Gagnon
- Publication Date:
- 01-2012
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- The extant literature covering indigenous peoples resident on the African continent targets colonial law as an obstacle to the recognition of indigenous rights. Whereas colonial law is argued by a wide body of literature to be archaic and in need of review, this article takes a different route and argues the perspective that colonial law is democratically illegitimate for ordering the population it presides over – specifically in Africa. It is seen, in five case studies, that post-colonial public law structures have not considered the legitimacy of colonial law and have rather modified a variety of constitutional statutes as country contexts dictated. However, the modified statutes are based on an alien theoretical legality, something laden with connotations that hark to older and backward times. It is ultimately argued that the legal structures which underpin ex-colonies in Africa need considerable revision so as to base statutes on African theoretical legality, rather than imperialistic European ones, so as to maximise the law's democratic legitimacy for both indigenous and non-indigenous Africans.
- Topic:
- Law
- Political Geography:
- Africa
10. Law, Anthropology, and the Global Village
- Author:
- Dianna Shandy
- Publication Date:
- 11-2011
- Content Type:
- Journal Article
- Journal:
- Macalester International
- Institution:
- Macalester College
- Abstract:
- Globalization is characterized by crosscutting flows and networks of people, goods, ideas, and capital across the globe. These processes are both facilitated and constrained by yet emerging infrastructures and institutions. Within this shifting context, it has been observed that while we live in a global village, there is no rule of law. Here, I reflect upon this observation in relation to the unfolding development of the International Criminal Court (ICC), with particular consideration of African contexts.
- Topic:
- Human Rights and Law
- Political Geography:
- Africa
11. Muslim Family Law in Sub-Saharan Africa: Colonial Legacies and Post-colonial Challenges
- Author:
- Muhammed Haron
- Publication Date:
- 01-2011
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- Shamil Jeppie, Ebrahim Moosa and Richard Roberts (Eds.), Muslim Personal Law in Sub-Saharan Africa: Colonial Legacies and Post-Colonial Challenges. Amsterdam: Amsterdam University Press, 2010. ISBN: 978 90 8964 172 4, 388 pp.
- Topic:
- Islam and Law
- Political Geography:
- Africa
12. Corruption and the Rule of Law in Sub-Saharan Africa
- Author:
- Stuart S. Yeh
- Publication Date:
- 01-2011
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- The World Bank and IMF attribute underdevelopment in sub-Saharan Africa to the practice of directing economic activity through centralized planning. They prescribe privatization and economic liberalization to restructure African economies, promote competition, reduce the scope for corruption, and promote good governance. However, inadequate checks on political power permit African elites to subvert these reforms. This article reviews the political economy of sub-Saharan countries as well as a case study of Sierra Leone to illustrate the problem. The analysis suggests the need for an international agency such as the UN to provide the capacity to investigate, expose and check corruption by employing UN inspectors who are immune to pressure from powerful African elites. This type of check on corruption is necessary to promote the rule of law in sub-Saharan Africa.
- Topic:
- Economics, United Nations, and Law
- Political Geography:
- Africa
13. Editorial
- Author:
- Charles C. Jalloh
- Publication Date:
- 01-2011
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- On behalf of the Editorial Board, I am pleased to present issue 4.1 of the African JournalofLegal Studies (AJLS) under a new and exciting partnership with Martinus Nijhoff, the renowned Dutch publisher. On the occasion of our first print edition, I would like to express my most sincere gratitude to all the authors who have submitted manuscripts to A]LS for publication consideration. This special issue on international criminal law aims to contribute to, and to further stimulate, the growing debate on the place and nature of international criminal accountability for all those bearing the greatest responsibility for international crimes in Africa's numerous contemporary conflicts. While unable to accept every submission, the three peer-reviewed articles selected for this first print issue of the journal confirm the original thinking and high quality we are confident will continue to be this journal's hallmark. Consistent with our new partnership, the journal is pleased to announce that we will publish three issues. We also inaugurate a new look both in our electronic and print formats. Electronically, arrangements are now in place for all the journal's back issues as well as our new content to be available on our new website at brill.nl/ajls. We hope that the many databases associated with Martinus Nijhoff will give our published contents and authors truly global circulation in this age of Internet, Facebook and Twitter.
- Topic:
- Law
- Political Geography:
- Africa
14. Regulating War: A Taxonomy in Global Administrative Law
- Author:
- Daphné Richemond-Barak
- Publication Date:
- 11-2011
- Content Type:
- Journal Article
- Abstract:
- This article examines the intersection between the private security and military industry and the emerging framework of global administrative law ('GAL'). I explore in this article one aspect of this intersection, namely the use of GAL to create a taxonomy of the industry's regulatory schemes. The industry is characterized by a fragmented and decentralized regulatory framework, which has yet to be presented in a complete and orderly fashion. This article fills the gap by applying GAL's methodology to the private security and military industry. Using the industry as a case study in GAL, I identify (1) international formal administration (the United Nations Working Group on Mercenaries); (2) distributed domestic administration (contract and domestic legislation); (3) hybrid modes of administration (multi-stakeholder initiatives); and (4) private modes of administration (industry associations and codes of conduct). By emphasizing – but not limiting itself to – hybrid and private modes of administration, this article describes what is an increasingly complex manifestation of global governance. Its purpose is to highlight GAL's potential in understanding and contending with the growth of the private security and military industry.
- Topic:
- War and Law
- Political Geography:
- Africa and United Nations