customary law in kenya
Contemplating a Civil Law Paradigm for a Future International Commercial Code
I. Introduction. II. The Two Dominant Legal Systems of the World: Common Law and Civil Law. A. The Pervasive Reach of the Two Systems. B. Basic Origins, Precepts, and Characteristics of the Common Law System. 1. Historical Roots. 2. Basic Mechanics of the Common Law System. 3. Legislation in Common Law Systems. 4. Equitable Powers of the Courts. 5. The Role of the Court and Judges in the Common...
... these systems are very regionalized, indigenous systems of customary law, and also various types of religious law. 6 At first glance, it would ... of Common Law, Muslim law, and local Customary law (including India, Kenya, Malaysia and Nigeria); (3) mixed systems of Common Law and local ...
Afrikan contribution to international relations theory: an Afrocentric philosophical enquiry.
... and Mphahlele's South Afrika, Achebe and Chinweizu's Nigeria, Kenyatta and Wa Thiong'o's Kenya, Ki-Zerbo and Sankara's Burkina Faso and lastly ... Prior to the claim made from above, I am struck by the topic of "Customary law as International law" (Smith, 1973:599). Hence, he acknowledges and ...
- Warning Civilians Prior to Attack under International Law: Theory and Practice
- 'U.S.' Ad Bellum: Law and Legitimacy in United States Use of Force Decisions
562 F.2d 895 (3rd Cir. 1977), 76-2313, Demateos v. Texaco, Inc.
...§§ 761 et seq. Reyes was a seaman aboard the S. S. Texaco Kenya, owned by Texpan, on a voyage between Honduras and Costa Rica when on ... Rhoditis (like Lauritzen) suffers from the customary weakness of any judicial decision. Just as Lauritzen, on its facts, had ...
Transnational agricultural investments and host states' export restriction flexibilities under international economic law.
... relationship between the operative treaty exception and relevant customary law." (134) . The Continental Tribunal, which largely ruled in favour of ... Controversy of Foreign Agricultural Investment in the Yala Swamp, Kenya 77 (Aug. 2013) (unpublished Ph.D. thesis, University of Sydney) (on file ...
Access to Social Protection Minimum Floors as a tool to end early marriage in Mozambique.
... and, second, those under 16, whose marriages are merely based on customary practice and are not legally permitted. . Some facts and figures on early ... Incidence, and Risk Behaviors among People Who Inject Drugs in Kenya. Journal of acquired immune deficiency syndromes, 70(4). . Latapi, E. A. & ...
Transitional justice branches out: transitional justice and peacebuilding.
...-up" approaches we were interested in the role of traditional/customary or informal law in providing redress, allowing for reintegration of former ... scrutiny would help to promote domestic or hybrid prosecutions in Kenya. However, only a small number of low-level prosecutions resulted, with ...
A pirate looks at the twenty-first century: the legal status of Somali pirates in an age of sovereign seas and human rights.
..., preferring instead to seek arrangements for the trial of pirates in Kenya and elsewhere in the region. (15) . This somewhat reluctant response from ... of piracy and its past legal treatment in order to determine the customary international law of piracy as it existed prior to the twentieth century. ...
607 F.3d 836 (D.C. Cir. 2010), 07-5174, El-Shifa Pharm. Indus. Co. v. United States
... network headed by Osama bin Laden bombed United States embassies in Kenya and Tanzania. Hundreds were killed and thousands injured. On August 20, ... to compensate them for the destruction of the plant violated customary international law, a declaration that statements government officials made ...
Are intelligence-community leakers internationally protected whistleblowers or simply 'whistling in the dark'? Assessing the protections afforded to intelligence-community whistleblowers under international law.
...(103) In asylum law--which is customary international law and based on the principle of nonrefoulement--states may ... Australia, Ecuador, Spain, Canada, Colombia, the United Kingdom, Kenya, Liberia, and Iraq"). . (112.) Id. at 154. . (113.) Van den Wijngaert, ...
- The United States' Position on the Extraterritorial Application of Human Rights Obligations: Now is the Time for Change
Two APPROACHES TO CONFLICT RESOLUTION AND THEIR APPLICABILITY TO OGONILAND, NIGERIA.
...The nearest courts [magistrate, high courts, customary] are in Bori, Taabaa, and Babbe." . Respondents' Perceptions of Western ...See Katherine Luongo, Witchcraft and Colonial Rule in Kenya, 1900-1950 (Cambridge: Cambridge University Press, 2011). . (19.) Olaoba ...
Responsibility to protect in environmental emergencies.
... and even remedies against states, is also regarded under customary international law as holding individuals criminally liable for the ... 1994 as well as the response to the explosion of ethnic violence in Kenya in the last days of 2007 and first days of 2008, which was very widely ...
- Unconstitutional Conditions and Compelled Speech
Justice delayed, not denied: statutory limitations and human rights crimes.
... to that effect is also gradually emerging under international customary law. . A. American Convention of Human Rights . The Inter-American ... and genocide, also to war crimes); International Crimes Act (2008) KENYA GAZETTE SUPPLEMENT No.100 (Kenya), available at ...
The past and future of African international law scholarship.
... Bensouda; the Chief Justice and President of the Supreme Court of Kenya, Dr. Willy Mutunga; the Registrar of the International Criminal Tribunal .... (2) A sampling of these books includes: The Future of African Customary Law (Jeanmarie Fenrich & Paolo Galizzi eds., Cambridge University Press, ...
Piracy off Somalia: the challenges for international law.
... the spectacular hijacking 500 nautical miles (rim) off the coast of Kenya of the Sirius Star in November 2009. . Even following the organization of ... the seizure may decide upon the penalties to be imposed.." (3) Customary international law also permits any state subsequently finding a pirate ...
Reconsidering the crisis of confidence in indigenous African conflict resolution approaches: a postcolonial critique.
...) and coercion contributed to some Africans turning against their customary practices of prioritising mediation and reconciliation in favour of ... Hynd, Stacey 2012, "Murder and Mercy: capital punishment in colonial Kenya ca 1909-1956", The International Journal of African Historical Studies, ...
Integrated Justice: Human Rights, Climate Change, and Poverty
I. Summary. II. The Current Environmental Crisis. A. Water Scarcity. B. Oceans. C. Deforestation/Desertification. D. Urban Migration. E. Energy. F. Food Deficiency. G. Refugees; Warfare. III. Climate Change Impacts and Responses. A. Accelerating the Current Crisis. B. International Climate Change Responses. C. Implications for Developing Countries. D. Implications for Human Rights. IV. Applicable
... and international agreements and which is now arguably part of customary international law. Protection of these rights of free expression, ... or ethnic violence of the sort present in Darfur, or more recently, Kenya. The United States and other international human rights groups cannot, and ...
Security Council targeted sanctions, due process and the 1267 Ombudsperson.
...CHARTER? A. Right of Due Process as Customary International Law and/or a General Principle of Law B. Implied Duties ...1189 (in 1998, after the attacks against the US embassies in Kenya and Tanzania), and Res. 1267 (1999), which adopts sanctions against the ...
Business, human rights, and the promise of polycentricity.
... requires nations, and ultimately localities, to implement customary international law principles as well as ratified treaties-a call for ..., the Central African Republic, the Republic of Congo, the DRC, Kenya, Rwanda, Sudan, Tanzania, Uganda, and Zambia. (198) In addition, ...
- Chapter III. General review of the legal activities of the United Nations and related intergovernmental organizations
767 F.3d 1 (D.C. Cir. 2014), 11-1324, Bahlul v. United States
... have not attained recognition at this time as offenses under customary international law" ); Resp't's pre- Hamdan II Panel Br. 57 (" the ... the perpetrators of the 1998 bombings of the American embassies in Kenya and Tanzania, the 2000 attack on the USS Cole , and other crimes that ...