scholarly journals A human rights-based approach: A gate to development of African women's land rights?

2012 ◽  
Vol 2 (1) ◽  
pp. 99-123 ◽  
Author(s):  
Karin Tengnäs
Keyword(s):  
Human Rights ◽  
International Development ◽  
Rule Of Law ◽  
Large Scale ◽  
Good Governance ◽  
Development Cooperation ◽  
The Rule Of Law ◽  
Land Acquisitions ◽  
Large Scale Land ◽  
Human Rights Based Approach

The global competition for African land is at a historical peak. Local effects of large-scale land acquisitions depend on multiple factors, but women's rights and livelihoods are generally very fragile due to historical and contemporary injustices. Good land governance is important for turning the land acquisitions into equal and equitable development opportunities. The human rights-based approach promotes good governance by adding strength and legal substance to the principles of participation and inclusion, openness and transparency, accountability and the rule of law, and equality and nondiscrimination. By empowering rights-holders and enhancing duty-bearers' capacity, international development cooperation can lead to wider and more gender-balanced inclusion of civil society in negotiations of large-scale land acquisitions and greater adherence of duty-bearers to the rule of law. This is especially important in African countries with large amounts of land and weak legal and institutional frameworks to protect rights, especially those of women.

The Clinton Administration and Africa: A View from Nairobi, Kenya

1998 ◽  
Vol 26 (2) ◽  
pp. 70-74
Author(s):  
Korwa G. Adar
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Rule Of Law ◽  
Driving Force ◽  
Good Governance ◽  
Clinton Administration ◽  
African Continent ◽  
Post Cold War ◽  
The Rule Of Law ◽  
Human Rights Movement

There is nothing more fundamental to Africans who are concerned with the future of the African continent than the issues of democracy, human rights, good governance, and the rule of law. These basic human liberties, among other concerns, constitute the central driving force behind what is often referred to as Africa’s “second liberation.” The primary purpose of this article is to assess the Clinton administration’s role in this second liberation, particularly in terms of its involvement in issues of democracy and human rights. This assessment is offered from the perspective of an individual who has been directly involved in the prodemocracy and human rights movement in Kenya. This article focuses on whether the Clinton administration’s policies are still heavily influenced by classic U.S. conceptions of realpolitik, or if enlightened leadership more in line with a neo-Wilsonian idealpolitik—as official rhetoric suggests—has permitted a fundamental departure in favor of a more coherent and tangible democracy and human rights foreign policy stance in the post-Cold War era.

Large-Scale Land Acquisitions, Commitment Problems and International Law

2015 ◽  
Vol 8 (1) ◽  
Author(s):  
Yorck Diergarten ◽  
Tim Krieger
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Large Scale ◽  
Rights Protection ◽  
Weak Institutions ◽  
Land Acquisitions ◽  
Property Rights Protection ◽  
International Investors ◽  
Large Scale Land ◽  
Commitment Problems

AbstractDeveloping countries with weak institutions often face severe commitment problems. International investors are reluctant to invest in these countries because their property rights are insufficiently protected. We argue that in order to overcome the commitment problem countries may subject investors’ rights protection to independent investment tribunals. These tribunals are known to strictly support property rights protection and to be reluctant to honor human rights considerations, although they might be applicable. This may explain why human rights of the local smallholders in large-scale land acquisitions are hardly protected in the Global South.

scholarly journals Rule of Law

2015 ◽  
Vol 6 (1) ◽  
pp. 38-50 ◽  
Author(s):  
Gopala Anjinappa
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Rule Of Law ◽  
Good Governance ◽  
Legal Framework ◽  
Global Dimension ◽  
Vital Role ◽  
The Rule Of Law ◽  
Primary Means ◽  
Economic Imbalances

The world as a whole has developed in the global dimension and has flourished with prosperity. But still one can see the hurdles in the development process. One of such impediments is poverty and the other is the environmental problems. Poverty results in violation of human rights. The rule of law is crucial and is one of the means to strengthen these hurdles. One of such escalation is on the environmental development wherein it strives for achieving sustainable development and eradication of poverty. The rule of law plays a vital role in reducing extreme poverty with emphasizing on human rights. It is the very essence and the core of Good Governance. Without the principles of the rule of law, it will not be enough to achieve sustainable development and eradication of poverty. The rule of law strengthens to provide intense legal framework. It works as an effective mechanism for the enforcement of law. Innovative methods are undertaken to aim in the enforcement of sustainable development and eradication of poverty. The paper implies on effectiveness of the rule of law in providing sustainable development policies. It analyses the legal framework in India that contributes in maintaining economic imbalances. The paper explores the role of Indian Judiciary and the classic Judgments of Supreme Court of India. Keeping in view the importance of sustainable development and eradication of poverty, the paper contributes to explore the significance of the rule of law in achieving the objective of the nation. “Development is one of the primary means of improving the environment for living, or providing food, water, sanitation and shelter, of making the deserts green and the mountains habitable” (Indira Gandhi, 1972).

Conclusions on Good Governance

2019 ◽  
pp. 270-280
Author(s):  
Henk Addink
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal Theory ◽  
Good Governance ◽  
Building Blocks ◽  
Theory Approach ◽  
The European Union ◽  
Legal Concept ◽  
The Rule Of Law ◽  
The Right

Good governance is a legal concept and a cornerstone of the modern state and presented in the book as the third cornerstone of a modern stone (alongside the rule of law and democracy). We concluded in relation to the development of the concept of good governance in part I that principles of good governance can only be legal principles when they have been somehow codified legal effect. The good governance principles became more concrete by enumerating six groups of principles (properness, transparency, participation, effectiveness, accountability, and human rights) which are found in many documents of national, regional, and international context. From the legal theory approach on good governance we discussed the character of these principles. In part II we specified the principles of good governance and starting with the principle of properness, which has also been developed under the name of the principle of natural justice. The second, the principle of transparency, is connected to the principle of participation which both have roots in the concept of democracy. The principles of effectiveness and accountability both have a relationship to the institutional structure and functioning. The last principle is the human rights principle which is linked to the rule of law but also to democracy. Several principles of good governance were already developed in regulations and in codes which are the building blocks for the development of the right to good governance. The implementation of good governance and the comparison between countries were explained in Part III. After that, the regional level was discussed—the European Union and the Council of Europe were chosen as models as far as it was comparable. The last chapter was about the implementation on the international level.

Roundtable of Heads of Government of Commonwealth Africa on Democracy and Good Governance in Africa

1997 ◽  
Vol 41 (2) ◽  
pp. 250-252
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Good Governance ◽  
African Countries ◽  
The Rule Of Law ◽  
History Of ◽  
Heads Of Government ◽  
Opposition Parties

In the Harare Commonwealth Declaration of 1991, Commonwealth Heads of Government committed themselves to the promotion of democracy and human rights, the rule of law, the independence of the judiciary, and just and honest government. They also agreed that the promotion of democracy, democratic processes and institutions would proceed in a manner which reflected national circumstances. This Roundtable provided Commonwealth African leaders with a forum in which to discuss their respective experiences of democratization since the 1991 Declaration and was a ground-breaking exercise, having no precedent in the history of the Commonwealth or any other comparable institution. In preparation for the Roundtable itself, representatives of both governing and opposition parties from 18 Commonwealth African countries met and agreed the following Report which seeks to crystallize the aspirations of the Harare Declaration.

scholarly journals The “Thick” Rule of Law and Mutual Trust in the European Union

2019 ◽  
Vol 18 (1) ◽  
pp. 1-17
Author(s):  
Juha Raitio
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Good Governance ◽  
Mutual Trust ◽  
The European Union ◽  
The Rule Of Law ◽  
Material Concept ◽  
The Eu

The concept of the rule of law has lately become a topical and controversial issue. For example, the existence of effective judicial review is an inseparable part of the rule of law and some problems in this respect have been analysed. This article advocates for a thick concept of the rule of law. This refers to the idea that the rule of law has both material and formal content. The controversial part seems to be the question of material content and whether it obscures the essential meaning of the rule of law as a requirement of legality. However, the material aspect of the rule of law can be linked to the value-base of the European Union. For example, during its EU Presidency, Finland strongly emphasized the significance of the value base and the rule of law in Article 2 teu for the development of the EU. Democracy, the rule of law, and the actualisation of fundamental and human rights in particular are connected together, combined in a trinity where all the components form preconditions for the others. This stance is not a novelty in Finland, since Jyränki, for one, two decades ago already maintained that human rights protect the individual’s position and thus belong to the sphere of the material concept of the rule of law. I have employed the metaphor of a musical triangle. A triangle can only make a sound if all three of its corners are connected to each other, thereby connecting the sides of the triangle. Observance of the core values of the EU is a precondition for mutual trust between Member States, which in turn is necessary for a well-functioning European Union and good governance.

scholarly journals The Place of Rule of Law in Iran

2014 ◽  
Vol 31 ◽  
pp. 83-88
Author(s):  
Maryam Ameri ◽  
Hadiyeh Sadat Mirtorabi
Keyword(s):  
Rule Of Law ◽  
Large Scale ◽  
Good Governance ◽  
The Rule Of Law ◽  
History Of ◽  
History Of Law ◽  
Constitutional Revolution

Harassing the power and its reflection in the history of law is the result of the elders' efforts and sacrifices along with the insights of the rulers and revolutionaries whose names may have never been cited but their great efforts are always being discussedand underpins large scale developments. Specifically, this article has discussed the process of law formation in Iran with an emphasis on Constitutional Revolution (known as constitutionality) and Constitutional movement delimiting and regulating power, controlling autocracy and unconditionality and covering the rule of law and good governance in brief.

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