发布求助
文献互助 智能选刊 最新文献

Journal of African Law最新文献

筛选
英文 中文
Gender-Responsive Public Procurement in Africa: Barriers and Challenges 非洲促进性别平等的公共采购：障碍与挑战
IF 0.4 4区 社会学
Journal of African Law Pub Date : 2024-03-01 DOI: 10.1017/s0021855324000032
Sope Williams
{"title":"Gender-Responsive Public Procurement in Africa: Barriers and Challenges","authors":"Sope Williams","doi":"10.1017/s0021855324000032","DOIUrl":"https://doi.org/10.1017/s0021855324000032","url":null,"abstract":"<p>Public procurement is often used to achieve policy goals beyond the purchase of the required goods and services. These goals include the economic advancement of minorities, the promotion of fair labour practices and climate action. In the last two decades, many countries have used public procurement to advance gender equality. This is referred to as gender-responsive procurement and is often implemented through the award of public contracts to women-owned businesses. While many countries have legal provisions designed to increase the award of public contracts to women, gender-responsive procurement is extremely limited and women-owned businesses are not fully integrated into public sector supply chains. This is unfortunate, given that gender-responsive procurement can improve women's economic empowerment, with implications for sustainable development. This article adopts a gender equality and women's economic empowerment lens to examine the legal, policy and cultural barriers to gender-responsive procurement and recommends measures to improve the award of public contracts to women-owned businesses.</p>","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"22 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140017098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Interplay between Hereditary Traditional Leaders, Democratically Elected Leaders and Succession: A Case Study from Makapanstad, North West Province, South Africa 世袭传统领导人、民选领导人和继承之间的相互作用：南非西北省马卡潘斯塔德案例研究
IF 0.4 4区 社会学
Journal of African Law Pub Date : 2024-02-26 DOI: 10.1017/s0021855323000347
Aubrey Manthwa, Lefa Ntsoane
{"title":"The Interplay between Hereditary Traditional Leaders, Democratically Elected Leaders and Succession: A Case Study from Makapanstad, North West Province, South Africa","authors":"Aubrey Manthwa, Lefa Ntsoane","doi":"10.1017/s0021855323000347","DOIUrl":"https://doi.org/10.1017/s0021855323000347","url":null,"abstract":"<p>This article examines the interplay between traditional leaders, democratically elected leaders and succession in Makapanstad Village, North West Province, South Africa. The article stems from community-based participatory action research conducted in Makapanstad in 2018. The article uses research data, in the form of community dialogue, together with desktop literature on the same subject. The article analyses the significance and role of traditional leadership in a democratic South Africa. It considers traditional leadership and democratically elected leadership in conjunction with succession and the demarcation of roles and responsibilities. The article analyses participants’ views to explore the form of leadership preferred by the residents of Makapanstad. It argues that, despite the recognition of traditional leadership in South Africa's Constitution, the roles and responsibilities of traditional leaders in local and provincial arms of government are limited, in contrast to those of democratically elected leaders.</p>","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"25 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2024-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139967908","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Reflections on Constitutionalism and Democratic Governance in Africa 对非洲宪政和民主治理的思考
IF 0.4 4区 社会学
Journal of African Law Pub Date : 2024-02-12 DOI: 10.1017/s0021855324000019
Nsongurua Udombana
{"title":"Reflections on Constitutionalism and Democratic Governance in Africa","authors":"Nsongurua Udombana","doi":"10.1017/s0021855324000019","DOIUrl":"https://doi.org/10.1017/s0021855324000019","url":null,"abstract":"<p>Several post-independence African states have opted for constitutional democracies in response to various governance challenges. Most of these constitutions espouse values of constitutionalism, such as the rule of law, human rights and citizenship. This article interrogates the concept of constitutionalism, examines its pillars and values, and reflects on how Africa's constitutions mirror them. Its thesis is that a constitutional government does not necessarily approximate constitutionalism. The article argues, with evidence, that many states possess constitutions but fall short in practising constitutionalism. It calls on these states to embark on institutional reforms and to pursue good governance that improves the living standards of their citizens.</p>","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"14 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2024-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139765037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Revisiting the Right in Zimbabwe of a Subrogated Insurer to Proceed against a Third Party in the Name of the Insured: Lessons from South Africa 重新审视津巴布韦代位保险人以被保险人名义对第三方提起诉讼的权利：南非的经验教训
IF 0.4 4区 社会学
Journal of African Law Pub Date : 2024-01-31 DOI: 10.1017/s0021855323000359
Noah Maringe
{"title":"Revisiting the Right in Zimbabwe of a Subrogated Insurer to Proceed against a Third Party in the Name of the Insured: Lessons from South Africa","authors":"Noah Maringe","doi":"10.1017/s0021855323000359","DOIUrl":"https://doi.org/10.1017/s0021855323000359","url":null,"abstract":"<p>The doctrine of subrogation, like many other legal principles in Zimbabwean insurance law, has evolved with changing times. The position in Zimbabwe (which was adopted from English law) is that a subrogated insurer who intends to enforce the insured's right to recover compensation for the insured loss from a third party can only do so in the name of the insured. The reason is that the insured is the custodian of legal rights against the third party; the insurer's rights only relate to the insured and not the third party. This research discusses legal developments in South African law and how they may be adopted in Zimbabwe in order to advance the rights of the parties in subrogation proceedings.</p>","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"46 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139646857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Safeguarding South African Consumers’ Socio-Economic Rights During COVID-19: Competition Commission v Babelegi Workwear and Industrial Supplies 在 COVID-19 期间保障南非消费者的社会经济权利：竞争委员会诉 Babelegi 工作服和工业用品公司案
IF 0.4 4区 社会学
Journal of African Law Pub Date : 2024-01-10 DOI: 10.1017/s0021855323000335
Simbarashe Tavuyanago, Kudzai Mpofu
{"title":"Safeguarding South African Consumers’ Socio-Economic Rights During COVID-19: Competition Commission v Babelegi Workwear and Industrial Supplies","authors":"Simbarashe Tavuyanago, Kudzai Mpofu","doi":"10.1017/s0021855323000335","DOIUrl":"https://doi.org/10.1017/s0021855323000335","url":null,"abstract":"<p>This article explores the responses of the South African competition authorities to the impact of the COVID-19 pandemic on the socio-economic rights of consumers in relation to the price gouging of essential and medical supplies. After discussing the constitutional and legislative context of socio-economic rights and excessive pricing, it examines the first case in which the competition authorities were called upon to decide on the excessive pricing of medical supplies during COVID-19. The article finds that, while the competition authorities were swift to interpret the Competition Act widely and act against suppliers charging excessive prices, there remains a gap in South Africa's legislative framework as there is no specific legislation regulating price gouging during states of pandemic or disaster. The article identifies the need for legislative development and concludes by offering recommendations for addressing future incidents of price gouging.</p>","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"23 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139415639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Going It Alone or Acting as a Collective? Evaluating the East African Community Policy on Implementing TRIPS Obligations 单打独斗还是集体行动？评估东非共同体实施《与贸易有关的知识产权协议》义务的政策
IF 0.4 4区 社会学
Journal of African Law Pub Date : 2023-12-15 DOI: 10.1017/s0021855323000323
Olugbenga Ajani Olatunji
{"title":"Going It Alone or Acting as a Collective? Evaluating the East African Community Policy on Implementing TRIPS Obligations","authors":"Olugbenga Ajani Olatunji","doi":"10.1017/s0021855323000323","DOIUrl":"https://doi.org/10.1017/s0021855323000323","url":null,"abstract":"<p>The grim realities of the COVID-19 pandemic have resuscitated discussions about the effectiveness of the flexibilities entrenched in the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) for improving access to medicines. This article revisits this vexed issue by examining whether a regional approach to implementing TRIPS obligations could deliver a better outcome for access, especially in low- and middle-income countries, where manufacturing capacity is almost non-existent. Using the East African Community (EAC) as a case study, the article critiques recommended implementation options under the EAC policy on TRIPS flexibilities, concluding that, if significantly implemented, these recommendations could yield a better outcome for access.</p>","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"35 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138682311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Decolonizing African Mental Health Laws: A Case for Kenya 非洲心理健康法的非殖民化：肯尼亚案例
IF 0.4 4区 社会学
Journal of African Law Pub Date : 2023-12-13 DOI: 10.1017/s0021855323000311
Paul Ochieng Juma, Charles Ngwena
{"title":"Decolonizing African Mental Health Laws: A Case for Kenya","authors":"Paul Ochieng Juma, Charles Ngwena","doi":"10.1017/s0021855323000311","DOIUrl":"https://doi.org/10.1017/s0021855323000311","url":null,"abstract":"<p>The aim of this article is to use a decolonial approach to interrogate Kenya's laws and policies that compel the admission and treatment of persons with psychosocial disabilities. Against the backdrop of the colonization of Africa, the article appraises the historical development of Kenyan mental health laws. It critically analyses domestic policies, legislation, court decisions and the Constitution as they apply to admission to healthcare facilities of persons with psychosocial disabilities and to the freedom to decide about treatment, in order to reveal the persistence of coloniality. It highlights gaps in the protection of equality, dignity and liberty. It also draws on pertinent provisions of the Convention on the Rights of Persons with Disabilities as a juridical method for translating a decolonial agenda into a normative framework. Ultimately, the article proposes a framework for decolonizing Kenya's mental health laws and policies.</p>","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138628436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The AU Free Movement Protocol: Challenges in Its Implementation 非盟自由流动议定书:执行中的挑战
IF 0.4 4区 社会学
Journal of African Law Pub Date : 2023-11-22 DOI: 10.1017/s002185532300030x
Ikechukwu P Chime, Edith Nwosu, Emmanuel Onyeabor, Collins C Ajibo, Newman U Richards, Fochi A Nwodo, Ndubuisi A Nwafor
{"title":"The AU Free Movement Protocol: Challenges in Its Implementation","authors":"Ikechukwu P Chime, Edith Nwosu, Emmanuel Onyeabor, Collins C Ajibo, Newman U Richards, Fochi A Nwodo, Ndubuisi A Nwafor","doi":"10.1017/s002185532300030x","DOIUrl":"https://doi.org/10.1017/s002185532300030x","url":null,"abstract":"<p>One of the major pillars of the African Union is the integration of peoples and the ability for them to move freely from one member country to another, with the right to reside and practise their trade or profession. This aspect of integration found full expression in the Protocol to the Treaty Establishing the African Economic Community Relating to the Free Movement of Persons, Right of Residence and Right of Establishment, adopted in 2018. Upon operationalization, it will remove obstacles to the movement of people, capital and resources in the region and give expression to aspiration 2 of the African Union Agenda 2063. However, significant challenges lie on the path of its implementation. This article doctrinally reviews the protocol, looking at its prospects for promoting African integration and development, and anticipates some of the problems that the protocol will face. It concludes with recommendations for achieving its lofty but desirable ends.</p>","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"76 3","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138506815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Community Based Natural Resources Management in Botswana 博茨瓦纳基于社区的自然资源管理
IF 0.4 4区 社会学
Journal of African Law Pub Date : 2023-11-15 DOI: 10.1017/s0021855323000293
Emma Chitsove, Tinashe Madebwe
{"title":"Community Based Natural Resources Management in Botswana","authors":"Emma Chitsove, Tinashe Madebwe","doi":"10.1017/s0021855323000293","DOIUrl":"https://doi.org/10.1017/s0021855323000293","url":null,"abstract":"<p>Since the mid-1980s, Botswana has relied on community based natural resources management (CBNRM) to incentivize communities to choose environmentally beneficial behaviour to advance conservation efforts. This approach has had some success, although it has not been as successful as had been hoped. Nevertheless, it is well acknowledged that CBNRM can play an important role in advancing conservation efforts. The state is therefore working to revamp the CBNRM framework so that it consistently yields beneficial results for communities and conservation. This article relies on regulatory theory and experience with CBNRM in Botswana to identify what it would take to establish an effective CBNRM regulatory framework there. It establishes that Botswana has failed to secure effective CBNRM consistently, due to the lack of a dedicated CBNRM law and inadequately resourced institutions. It recommends the promulgation of a CBNRM law with a community-centred and / or rights-based approach, and the establishment of an adequately resourced institution, charged with regulating CBNRM in Botswana.</p>","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"84 3","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138506812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Towards a Public Law Perspective on the Constitutional Law of Privacy in South Africa in the Age of Digitalization 数字化时代南非隐私权宪法的公法视角
4区 社会学
Journal of African Law Pub Date : 2023-11-06 DOI: 10.1017/s0021855323000268
Firoz Cachalia, Jonathan Klaaren
{"title":"Towards a Public Law Perspective on the Constitutional Law of Privacy in South Africa in the Age of Digitalization","authors":"Firoz Cachalia, Jonathan Klaaren","doi":"10.1017/s0021855323000268","DOIUrl":"https://doi.org/10.1017/s0021855323000268","url":null,"abstract":"Abstract Rapid and radical digitalization and the “fourth industrial revolution” are generally associated with progress, but also pose significant risks to privacy rights and democracy. This article proposes a public law reading of the South African Constitution to respond to the dangers posed by disruptive technological change, in light of the constitution's rights-orientated and rule-of-law-centred approach to interpreting the right to privacy. It examines the legal resources available in the South African legal system and, specifically, its constitution. The article emphasizes the way South African privacy jurisprudence infuses the right to privacy with the value of dignity, and how this allows an interpretation that sees privacy as a public, as well as private, right. The article concludes that this rights jurisprudence, alongside the constitutional principles of proportionality, subsidiarity and supremacy, has established a working foundation to articulate the right to privacy in a way that is suitable in the digital age.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135635731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
首页 上一页 下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：481959085
Book学术官方微信