customary law in kenya
Culture, dissent, and the state: the example of Commonwealth African marriage law.
...Third, states should explore traditions and customary law that support broader understandings of family and caregiving, moving ... significantly by country: 78.3% in Gambia, 3.8% in Ghana, 27.1% in Kenya, 38.2% in Liberia, 83.2% in Mali, 29.6% in Nigeria, 14.6% in Tanzania, and ...
- 50 C.F.R. 17.40 - Special rules-mammals
543 U.S. 335 (2005), 03-674, Jama v. Immigration & Cus. Enforcement
... has not clearly set it forth would run counter to this Court's customary policy of deference to the President in foreign affairs, and would not be ...'s case, several of the clauses of subparagraph (E) describe Kenya, not Somalia.) Despite this imperfect overlap, petitioner and the dissent ...
EQUALITY IN PROCESS: COMMUNITY LAND DISPUTE RESOLUTION MECHANISMS IN KENYAN LAW.
.... Kenyan land law formalizes TDRMs and embeds discriminatory practices through the complicated interaction of formal and informal (or customary) laws. (13) Institutional theorists often view formal and informal as both fixed bodies, (14) and path dependent entities that are difficult to ...
EMBRACING THE CHINESE EXCLUSION CASE: AN INTERNATIONAL LAW APPROACH TO RACIAL EXCLUSIONS.
...CUSTOMARY INTERNATIONAL LAW'S PROHIBITION ON RACIAL DISCRIMINATION IN ADMISSION LAWS ... Kingdom passport-holders in the United Kingdom's former colonies of Kenya and Uganda, but no other United Kingdom citizens. (118) . The European ...
The interpretation of general exceptions in international trade and investment law: is a sustainable development interpretive approach possible?
...The customary rules of treaty interpretation fully support such an interpretative .... (7.) See, e.g. Proposal by the African Group, Kenya - Negotiations on the Dispute Settlement Understanding: Proposal by the ...
548 U.S. 557 (2006), 05-184, Hamdan v. Rumsfeld
... at least the barest of the trial protections recognized by customary international law. The procedures adopted to try Hamdan deviate from those ...Embassies in Kenya and Tanzania in 1998, and the attack on the U.S. S. Cole in Yemen in ...
Denial of justice: the latest indigenous land disputes before the European Court of Human Rights and the need for an expansive interpretation of Protocol 1.
... their property rights and taking into consideration their customary law, values, practices and customs." (262) In Yakye Axa Indigenous ...169]; see also Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. ...
CLIMATE-INDUCED MIGRATION & FREE MOVEMENT AGREEMENTS.
...The OAU Convention was mobilized in 2011 and 2012 by Kenya, Ethiopia, and other East African countries, who accepted 300,000 Somali ... of Persons under General International Law - Mapping the Customary Law Foundations of International Migration Law," in Research Handbook on ...
GOVERNANCE WITHOUT GOVERNMENT IN THE SOMALI TERRITORIES.
...The continued relevance and influence of customary, or xeer law, as well as the use of Shari'a law and other local forums for ... with Somali communities spread well into neighboring Ethiopia, Kenya and Djibouti. When referring to governance in the Somali territories, ...
The polemics of class, nationalism and ethnicity in Ngugi wa Thiong'o's Petals of Blood.
... emphasises the state of underdevelopment in the post-Independence Kenya. The nexus between the native (comprador) bourgeoisie and the ..., marriage rights, eldership (membership of the council of customary law) and so on within the Gikuyu ethnic group (Branch 294). The economic ...
Politics or law? The dual nature of the responsibility to protect.
..., only these two components have attained the status of customary international law, and the latter responsive facet in a rather embryonic ....hrw.org/news/ 2012/01/20/arab-league-report-publicly-syria-mission; Kenya: Prosecute Perpetrators of Post-Election Violence, HUMAN RIGHTS WATCH ...
Bringing BITs back from the brink: incorporating progressive treatment provisions in international investment agreements to maintain policy space for state regulation of human rights.
... human rights law, including the ICCPR (82) and ICESCR, (83) and customary international law (CIL) (84) such as the responsibility to protect (R2P), ...2, 2006); World Duty Free Company Limited v. Kenya, ICSID Case No. ARB/00/7, Award [paragraph] 157 (Oct. 4, 2006). . (110.) ...
Constitutional reform and the abolition of the mandatory death penalty in Kenya.
... trial or a right to access the judicial system per se, either in the constitutional document itself or through acceptance of international customary law or ratification of treaties. (114) Finally, both constitutions allow broad derogations and the suspension of certain liberties if "necessary or ...
DOES CLIMATE CHANGE INCREASE THE RISK OF CHILD MARRIAGE? A LOOK AT WHAT WE KNOW - AND WHAT WE DON'T - WITH LESSONS FROM BANGLADESH AND MOZAMBIQUE.
...(54) One year later, in a piece on the effects of climate change in Kenya's Rift Valley, Amy North discussed the potential use of "famine-brides" as ... of consent in Costa Rica, (210) the compatibility of the CRC and customary laws in Nigeria, (211) and the differing age of marriage for males and ...
- A Legal Standard for Post-Colonial Land Reform
Emerging Market Economies and International Investment Law: Turkey-Africa Bilateral Investment Treaties.
... Algeria, (60) Cameroon, (61) Gabon, (62) Gambia, (63) Nigeria, (64) Kenya, (65) Rwanda, (66) South Africa, (67) Sudan, (68) and Tanzania (69)). This ...(310) . 4. Protection Against Expropriation . Under customary international law, "states have a sovereign right to take property held by ...
- Perfidy in Non-International Armed Conflicts
Enhancing poor rural women's land rights in the developing world.
... mind: questions of women's rights to land tend to be governed by customary practices of "family law," rather than by formal laws on the books. (16) ... of the world's poor rural women within their borders, such as Kenya, India, and China. . WHAT CAN BE DONE? . The following is a non-exhaustive ...
'It isn't a state problem': the Minas Conga Mine controversy and the need for binding international obligations on corporate actors.
... claims made by non-citizens for violations of international and customary international law. (237) While most cases brought against corporations for ... violations committed by foreign terrorist organizations against Kenyan plaintiffs in Kenya "touch[ed] and concern[ed]" the United States with ...
- Book Review: Adjudicating Climate Change
South Africa's disappointment with the International Criminal Court: the unfair treatment of African people caused an end to cooperation.
... because 1) The indictments of the leaders of Sudan, Libya, and Kenya violated international law regarding immunity for heads of state; 2) The ...As such, he has immunity from foreign courts under customary international law (685). . Article 98(1) of the Rome Statute says the ICC ...
Local Peace Committees in Africa: the unseen role in conflict resolution and peacebuilding.
...For instance, in countries like South Africa, Kenya, Sudan, Uganda, Sierra Leone, Ghana, Malawi and Burundi, the roles played ... were handled not according formal code, but the Somali way-"Customary law and blood compensation payment was utilised to manage murders, and ...
The emerging right to communal intellectual property.
...In addition, recent constitutional proposals from Kenya, Egypt, and Tunisia are explored with respect to the potential recognition ... with their rules processes and norms also described as their customary law. (39) The second part of the right to communal intellectual property ...