The Province of Jurisprudence Determined

Lectures on jurisprudence, or, The philosophy of positive law/ John Austin

Political theories of the middle age

That much said, Dr. G. H. J. van Hoof's book is a long-winded and meandering essay that reaches simplistic conclusions. There is very little here that justifies the title \"rethinking.\" The author builds his thesis about sources on the bedrock of consent. Several untoward consequences follow: the author has to abandon the generally accepted distinction between general custom and special custom, he has to allow that \"international law does not entail the same rights and duties for all its subjects\" (p. 97), and he must argue that new states are not bound by preexisting rules of international law until they have accepted specific rules. He also fails to see the interaction between opinio juris and usage, finding the latter superfluous if one begins with opinio juris (but not specifying how one can begin with just opinio juris) (p. 98). While conceding that rules in treaties can give rise to rules of customary law, van Hoof's failure to distinguish between general and special custom leads to a fundamental misreading of the North Sea Continental Shelf cases. [FN1] In general, he disparages the jurisprudence of the World Court (p. 87 n.320) and thus misses an opportunity to analyze and learn from its leading cases.

Rethinking the Sources of International Law. By G. J. H. van Hoof. Deventer: Kluwer Law and Taxation Publishers, 1983. Pp. xiv, 322. Index. Dfl. 115; $46.

The purpose of this paper is to analyze the values involved, and the values which I believe should be presented in the African Charter. The overall aim is thus to broaden the understanding of the statute by examining if it meets the criteria of the values and argue for the values with similar magnitude which are not mentioned in the Charter but in my opinion should be included and at the same time advocate them. I have used a specific methodology to answer my thesis and also conducted a comparative text analysis, where I compare the Charter with other conventions. It is hard to deny that the density and originality of this document very often goes hand in hand with an equally remarkable technical poverty. Therefore the African Charter has initially received much resistance and opposition from various academic circles. The Charter's provisions are often described as very unsuccessful and ineffective, and the Charter is seen as extremely distinctive and very controversial. The Charter has also received complaints on the grounds that it does not stack up its goals and is also not flexible and adaptable to changes.

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The African Charter on Human and Peoples´ Rights

The present study deals with these two interconnected yet often forgotten realities of the constitutional order in Africa: First, the ?foreign affairs power‘ that gives the specific organs of the State the capacity to create and empower universal, regional and sub-regional governance and judicial structures.14 Secondly, the ?international judicial function in Africa‘, with focus on the African Court on Human and Peoples‘ Rights and the upcoming merger with the African Court of Justice. In this regard, we have proposed what seem to be the best domestication channels for supranational human rights judicial decisions in Africa. We have also proposed amendments to the so-called ?Protocol on the Statute of the African Court of Justice and Human Rights.‘

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The african human rights judicial system: a proposal for streamlining structures and domestication mechanisms viewed from the foreign affairs power perspective

L.G. Franceschi-Franceschi

Papers

The african human rights judicial system: a proposal for streamlining structures and domestication mechanisms viewed from the foreign affairs power perspective